Conversations among courts: domestic and international adjudicators

Authors
Publication date 2013
Host editors
  • C.P.R. Romano
  • K.J. Alter
  • Y. Shany
Book title The Oxford handbook of international adjudication
ISBN
  • 9780199660681
Series Oxford handbook series
Pages (from-to) 523-549
Publisher Oxford: Oxford University Press
Organisations
  • Faculty of Law (FdR) - Amsterdam Center for International Law (ACIL)
Abstract
This chapter examines the interactions between national and international courts. It begins by discussing the four roles that national courts can perform in relation to international adjudication: substitution, implementation, contestation, and normative development. It then distinguishes between the multiple functions exercised by international courts in relation to national courts. These include substitution, review, and normative development. It is argued that the interactions between international and national courts, like the interactions between international and national legal orders, may range from cooperative dialogue and willingness toward recognition and accommodation, to outright competition.
Document type Chapter
Language English
Published at https://doi.org/10.1093/law/9780199660681.003.0024
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