The Continuing Impact of French Legal Culture on the International Court of Justice

Comparative International Law, edited by Anthea Roberts, Paul B. Stephan, Pierre-Hugues Verdier, and Mila Versteeg, OUP, 2017, pp.181-205

26 Pages Posted: 11 Oct 2017

See all articles by Mathilde Cohen

Mathilde Cohen

University of Connecticut - School of Law

Date Written: October 19, 2015

Abstract

This chapter proposes a reflection on comparative international courts rather than comparative international law more broadly understood. International courts are approached differently by various legal actors who may be influenced by their own national legal environments. Though there is a long tradition of scholarly thinking about the role of particular national traditions in shaping international law, be it substantive or procedural law, little attention has been paid to the influence of domestic legal cultures and languages on the design and internal organization of international courts. Yet, is there such a thing as a specifically international way of designing and running courts tasked with resolving international disputes? Focusing on the ICJ and its predecessor court, the Permanent Court of International Justice (PCIJ), this chapter aims to make the reach of domestic norms, in particular French legal culture, in the design and daily operation of international courts more salient.

Keywords: courts, international courts, French legal culture, language, linguistic design, domestic legal cultures, international law, internal organization, institutional design, ICJ

JEL Classification: K33, K40, K41

Suggested Citation

Cohen, Mathilde, The Continuing Impact of French Legal Culture on the International Court of Justice (October 19, 2015). Comparative International Law, edited by Anthea Roberts, Paul B. Stephan, Pierre-Hugues Verdier, and Mila Versteeg, OUP, 2017, pp.181-205. Available at SSRN: https://ssrn.com/abstract=3039745

Mathilde Cohen (Contact Author)

University of Connecticut - School of Law ( email )

65 Elizabeth Street
Hartford, CT 06105
United States

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