Domestic Judicial Compliance with International Judicial Decisions: Some Paradoxes

Andrea Gattini

in From Bilateralism to Community Interest

Published in print March 2011 | ISBN: 9780199588817
Published online May 2011 | e-ISBN: 9780191725272 | DOI:
Domestic Judicial Compliance with International Judicial Decisions: Some Paradoxes

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This chapter offers a short overview of different methods of compliance with international judicial decisions by the domestic judiciary. It focuses on judicial compliance in a broad yet technical meaning, leaving aside the no less fascinating, but fundamentally different, question of judicial reception, i.e., the use by a national court of the findings of an international court as authoritative interpretation of the content of an international norm. This chapter does of course encounter different normative settings, but it is confronted as well with questions appertaining to the self-understanding of each court and with different attitudes of States towards each of them. Taking such an insight, a dogmatic approach inevitably comes up against the realm of judicial policy and expediency, and the even broader field of the social acceptance of legal rules.

Keywords: international law; international judicial decisions; compliance; domestic judiciary

Chapter.  12212 words. 

Subjects: Public International Law

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