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A Swing Beyond Formalism: Judicial Dialogue and International Law-Shaping

Lo Giacco, Letizia LU (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)
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author
organization
publishing date
type
Contribution to conference
publication status
published
subject
keywords
Public international law, Folkrätt
pages
1 - 19
conference name
ESIL Research Forum, 2016
language
English
LU publication?
yes
id
db1fbeb3-a674-4693-8598-02c1dc5af99f
date added to LUP
2016-05-10 10:55:54
date last changed
2017-04-05 10:33:07
@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},
  keyword      = {Public international law,Folkrätt},
  language     = {eng},
  pages        = {1--19},
  title        = {A Swing Beyond Formalism: Judicial Dialogue and International Law-Shaping},
  year         = {2016},
}