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Article
The Role of Domestic Courts in the Case Law of the International Court of Justice
Chinese Journal of International Law (2006)
  • André Nollkaemper, University of Amsterdam
Abstract

Recent legal scholarship has argued that the traditional hiearchical realtionship between international courts and dmoestic courts has been replaced by a relationship characterized by such features as co-operation, communication and dialogue. This article examines to what extent the practice of the International Court of Justice supports that development. It concludes that while the case law of the International Court of Justice remains largely rooted in the traditional perspective, in which decisions of domestic courts are just facts, in recent cases we can see some evidence for a more complementary relationship.

Keywords
  • International Court of Justice,
  • Domestic Decisions as Fact,
  • Domestic Courts,
  • Dialogue
Disciplines
Publication Date
2006
Citation Information
André Nollkaemper. "The Role of Domestic Courts in the Case Law of the International Court of Justice" Chinese Journal of International Law Vol. 5 Iss. 2 (2006)
Available at: http://works.bepress.com/andre_nollkaemper/9/