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International Judicial Lawmaking

56 Pages Posted: 30 Mar 2005  

Tom Ginsburg

University of Chicago Law School


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. Virginia Journal of International Law, Vol. 45, Spring 2005. Available at SSRN:

Tom Ginsburg (Contact Author)

University of Chicago Law School ( email )

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

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