A. von Bogdandy
- The spell of precedents: lawmaking by international courts and tribunals
- Book title
- The Oxford handbook of international adjudication
- Pages (from-to)
- Oxford: Oxford University Press
- Oxford handbook series
- Document type
- Faculty of Law (FdR)
- Amsterdam Center for International Law (ACIL)
- This chapter examines the contribution of international adjudicative bodies to lawmaking. It first discusses how the practice of interpretation generates legal normativity. It considers the working of judicial precedents, whose normative force is carried by the expectation of participants in the legal discourse. It then turns to judicial lawmaking in specific fields of international law. The article concludes by looking into the legitimacy of international judicial lawmaking.
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