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Nollkaemper on Domestic Judgments in the International Court of Justice

By Lawrence Solum

Andre Nollkaemper (University of Amsterdam - Amsterdam Center for International Law) has posted The Reception by the International Court of Justice of Decisions of Domestic Courts (Federalismi.it, Rivista di Diritto Pubblico Italiano, Comunitario e Comparato, n. 15/2009) on SSRN. Here is the abstract:

This paper examines the practice of the ICJ in its reception of decisions of national courts. It demonstrates that while the ICJ continues to recognize the formal separation between international law and domestic law, the practice of the Court is not based on a rigid dichotomy between the international and the domestic spheres. In particular cases, decisions of domestic courts play a role in judgments of the Court, not only as fact but also in terms of legal effects. Indeed, the dominant ?decisions of domestic courts as facts? doctrine fails to capture the variety of the ways in which the Court treats such decisions.

Full post as published by Legal Theory Blog on December 04, 2009 (boomark / email).