International Judicial Lawmaking

56 Pages Posted: 30 Mar 2005

See all articles by Tom Ginsburg

Tom Ginsburg

University of Chicago Law School

Abstract

Judges at the international level make law in the course of resolving disputes. The scope of this lawmaking power depends on the ability of states to constrain judicial actors. While formal mechanisms to over-rule international judges are relatively difficult to exercise, states have at their disposal various informal mechanisms to communicate their views to judges. This paper utilizes a framework of exit, voice and loyalty to consider these powers, as well as the features conducive to international judicial lawmaking.

Suggested Citation

Ginsburg, Tom, International Judicial Lawmaking. U Illinois Law & Economics Research Paper No. LE05-006, Available at SSRN: https://ssrn.com/abstract=693861

Tom Ginsburg (Contact Author)

University of Chicago Law School ( email )

1111 E. 60th St.
Chicago, IL 60637
United States

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