International Law

The International Court of Justice and Municipal Courts: An Inter-Judicial Dialogue

By Oktawian Kuc
Routledge April 2022

Specifications

ISBN-13
9781032006888
Publisher
Routledge
Publication
April 2022
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

Recent decades have brought international and municipal courts much closer together and induced a meaningful cooperation. This holds true also for the International Court of Justice and domestic judicial institutions as they engage actively in an inter-judicial dialogue, particularly on the normative level. Due to the impact of globalization and internationalization, the World Court has expanded its jurisprudence to accommodate as well references and analysis of external judicial organs and their pronouncements. Likewise, ICJ decisions are referred to and consulted by municipal courts as authoritative statements of international norms or assistance in fact determination.

This monograph examines this inter-judicial dialogue in a comprehensive and broad manner by identifying and analysing all its aspects as evidenced in their respective jurisprudence. Surprisingly, the mutual conversation in judicial decisions between the World Court and national judicial institutions has drawn minimal attention from international legal scholarship and the book is designed to fill this lacuna.

Table of Contents

Chapter I: Municipal courts’ decisions in the jurisprudence of the International Court of Justice
*Municipal courts’ decisions in the jurisprudence of the International Court of Justice
*Question of facts and municipal judicial decisions
*ICJ’s position vis-a-vis municipal courts and their role in the jurisprudence of the World Court
Chapter II: Enforcement of ICJ decisions in municipal courts
*International legal framework pertaining to the enforcement of ICJ decisions
*Practice of the ICJ decisions enforcement in municipal courts
Chapter III: Reception of decisions of the ICJ by municipal courts
*Empirical data
*Questions of international law
*Questions of fact
*Municipal courts distinguishing between ICJ conclusions and cases at hand
*Status of ICJ decisions in the jurisprudence of municipal courts

Final conclusions
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