A Swing Beyond Formalism: Judicial Dialogue and International Law-Shaping
(2016) ESIL Research Forum, 2016 p.1-19- Abstract
- The paper analyzes judicial dialogue (or judicial cross-reference) as a new form of international law-making and articulates itself around a new lexicon of international law grounded on concepts of authority, normativity and interaction, rather than sources, obligations and hierarchy in law. The aim is to offer a theoretical insight in the phenomenon of judicial cross-reference as a new avenue of international law-making. Whilst the literature concerned with judicial activism and judge-made law stressed the role of international judicial decisions as material sources of international law, the perspective suggested by this paper emphasizes the significance of diffused judicial cross-reference – between international and domestic judicial... (More)
- The paper analyzes judicial dialogue (or judicial cross-reference) as a new form of international law-making and articulates itself around a new lexicon of international law grounded on concepts of authority, normativity and interaction, rather than sources, obligations and hierarchy in law. The aim is to offer a theoretical insight in the phenomenon of judicial cross-reference as a new avenue of international law-making. Whilst the literature concerned with judicial activism and judge-made law stressed the role of international judicial decisions as material sources of international law, the perspective suggested by this paper emphasizes the significance of diffused judicial cross-reference – between international and domestic judicial actors – as a technique of international law-making. Particularly, the paper considers selected case law developed by international and domestic criminal jurisdictions and distills elements which contribute to authority building and normative expectations in international law. (Less)
Please use this url to cite or link to this publication:
https://lup.lub.lu.se/record/db1fbeb3-a674-4693-8598-02c1dc5af99f
- author
- Lo Giacco, Letizia LU
- organization
- publishing date
- 2016
- type
- Contribution to conference
- publication status
- published
- subject
- keywords
- Public international law, Folkrätt
- pages
- 1 - 19
- conference name
- ESIL Research Forum, 2016
- conference location
- Istanbul, Turkey
- conference dates
- 2016-04-21 - 2016-04-22
- language
- English
- LU publication?
- yes
- id
- db1fbeb3-a674-4693-8598-02c1dc5af99f
- date added to LUP
- 2016-05-10 10:55:54
- date last changed
- 2018-11-21 21:23:34
@misc{db1fbeb3-a674-4693-8598-02c1dc5af99f,
abstract = {{The paper analyzes judicial dialogue (or judicial cross-reference) as a new form of international law-making and articulates itself around a new lexicon of international law grounded on concepts of authority, normativity and interaction, rather than sources, obligations and hierarchy in law. The aim is to offer a theoretical insight in the phenomenon of judicial cross-reference as a new avenue of international law-making. Whilst the literature concerned with judicial activism and judge-made law stressed the role of international judicial decisions as material sources of international law, the perspective suggested by this paper emphasizes the significance of diffused judicial cross-reference – between international and domestic judicial actors – as a technique of international law-making. Particularly, the paper considers selected case law developed by international and domestic criminal jurisdictions and distills elements which contribute to authority building and normative expectations in international law.}},
author = {{Lo Giacco, Letizia}},
keywords = {{Public international law; Folkrätt}},
language = {{eng}},
pages = {{1--19}},
title = {{A Swing Beyond Formalism: Judicial Dialogue and International Law-Shaping}},
url = {{https://lup.lub.lu.se/search/files/23507142/SSRN_id2911967_v2.pdf}},
year = {{2016}},
}