Swinging between Finding and Justification: Judicial Citation and International Law-Making
(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)
Please use this url to cite or link to this publication:
https://lup.lub.lu.se/record/19da8a73-bd7d-44cc-81f0-0d78954cd747
- author
- Lo Giacco, Letizia LU
- organization
- publishing date
- 2017
- 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
- 6 pages
- publisher
- Cheltenham, UK: Edgar Elgar
- external identifiers
-
- scopus:85070788669
- ISSN
- 2398-9173
- 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
- 2022-02-14 18:15:43
@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}},
issn = {{2398-9173}},
keywords = {{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}},
doi = {{10.4337/cilj.2017.01.02}},
volume = {{6}},
year = {{2017}},
}