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Swinging between Finding and Justification: Judicial Citation and International Law-Making

Lo Giacco, Letizia LU (2017) In Cambridge International Law Journal 6. p.27-42
Abstract
Based on the ever increasing interpretation and application of international law by domestic courts, this paper offers an insight into the practices of judicial citation of international and domestic jurisdictions while adjudicating international criminal law related matters. The paper considers selected instances of judicial citation and operates a prima facie distinction between judicial citation as a finding device and as a justification exercise. I argue that domestic courts rely on international judicial decisions primarily as a finding device whilst international case law deals with domestic judicial decisions in the realm of justification. The analysis of this material triggers reflections on the relevance of judicial citation for... (More)
Based on the ever increasing interpretation and application of international law by domestic courts, this paper offers an insight into the practices of judicial citation of international and domestic jurisdictions while adjudicating international criminal law related matters. The paper considers selected instances of judicial citation and operates a prima facie distinction between judicial citation as a finding device and as a justification exercise. I argue that domestic courts rely on international judicial decisions primarily as a finding device whilst international case law deals with domestic judicial decisions in the realm of justification. The analysis of this material triggers reflections on the relevance of judicial citation for the doctrine of sources of international law, inasmuch as it adds to the formation of normative expectations on subjects of international law, as well as for a scholarly conceptualization of contemporary international law-making. (Less)
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author
organization
publishing date
type
Contribution to journal
publication status
published
subject
keywords
Judicial citation international law making, judicial decisions, international law-making, domestic courts, public international law, Folkrätt, nationella domstolar
in
Cambridge International Law Journal
volume
6
pages
27 - 42
publisher
Cheltenham, UK: Edgar Elgar
DOI
10.4337/cilj.2017.01.02
language
English
LU publication?
yes
id
19da8a73-bd7d-44cc-81f0-0d78954cd747
date added to LUP
2017-03-27 21:51:05
date last changed
2018-05-29 10:19:42
@article{19da8a73-bd7d-44cc-81f0-0d78954cd747,
  abstract     = {Based on the ever increasing interpretation and application of international law by domestic courts, this paper offers an insight into the practices of judicial citation of international and domestic jurisdictions while adjudicating international criminal law related matters. The paper considers selected instances of judicial citation and operates a prima facie distinction between judicial citation as a finding device and as a justification exercise. I argue that domestic courts rely on international judicial decisions primarily as a finding device whilst international case law deals with domestic judicial decisions in the realm of justification. The analysis of this material triggers reflections on the relevance of judicial citation for the doctrine of sources of international law, inasmuch as it adds to the formation of normative expectations on subjects of international law, as well as for a scholarly conceptualization of contemporary international law-making. },
  author       = {Lo Giacco, Letizia},
  keyword      = {Judicial citation international law making,judicial decisions,international law-making,domestic courts,public international law,Folkrätt,nationella domstolar},
  language     = {eng},
  pages        = {27--42},
  publisher    = {Cheltenham, UK: Edgar Elgar},
  series       = {Cambridge International Law Journal},
  title        = {Swinging between Finding and Justification: Judicial Citation and International Law-Making},
  url          = {http://dx.doi.org/10.4337/cilj.2017.01.02},
  volume       = {6},
  year         = {2017},
}