International Judicial Law-Making

30 Pages Posted: 1 Aug 2015

See all articles by Gleider I Hernandez

Gleider I Hernandez

Durham University; Open University of the Netherlands

Date Written: July 30, 2012


The role of judicial institutions in the development of international law has been an open question since the days of the Permanent Court of International Justice. Already in 1934, Hersch Lauterpacht had advanced the claim that ‘judicial law-making is a permanent feature of the administration of justice in every society’. In many respects, if the adjective ‘judicial’ can be used as pertaining to a court of law or a system of courts of law that are dedicated to the administration of justice within a legal order, understanding a judiciary’s role in law-making remains a foundational question as to the nature and form of a legal system.

Keywords: Law-Making, International Law, ICJ, WTO, ICTY

Suggested Citation

Hernandez, Gleider I, International Judicial Law-Making (July 30, 2012). Available at SSRN: or

Gleider I Hernandez (Contact Author)

Durham University ( email )

Old Elvet
Mill Hill Lane
Durham, Durham DH1 3HP
United Kingdom

Open University of the Netherlands ( email )

P.O. Box 2960
Heerlen 6401DL

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