The International Court of Justice and Municipal Courts : An Inter-Judicial Dialogue book cover
SAVE
$48.00
1st Edition

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



  • Available for pre-order. Item will ship after April 29, 2022
ISBN 9781032006888
April 29, 2022 Forthcoming by Routledge
312 Pages 12 Color Illustrations

 
SAVE $48.00
was $160.00
USD $112.00

Prices & shipping based on shipping country


Preview

Book Description

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

  1. Municipal courts’ decisions in the jurisprudence of the International Court of Justice
    1. Questions of international law and municipal jurisprudence
      1. Municipal courts’ decisions and interpretation of treaties
      2. Municipal courts’ decisions and determination of customary rules
      3. Municipal courts’ decisions as subsidiary sources of international law
      4. Jus cogens before the ICJ and municipal courts
      5. International remedies and municipal courts’ decisions
      6. Influence of municipal courts’ decisions on the jurisdiction of the ICJ and admissibility of cases
      7. Procedural issues and (dis)analogy of national process of law

    2. Question of facts and municipal judicial decisions
      1. Municipal courts’ decisions and a subject-matter of a dispute before the ICJ
      2. Municipal courts’ decisions as effectivités
      3. Fact-finding function of municipal courts and factual determinations of the ICJ
      4. Questions of municipal law before the ICJ

    3. ICJ’s position vis-a-vis municipal courts and their role in the jurisprudence of the World Court
      1. ICJ’s competence to assess municipal judicial decisions
      2. The ICJ as an ultimate criminal court of appeal?
      3. Assessing the validity and scope of municipal courts’ decisions
      4. Distinguishing between the case at hand and the case before a municipal court
      5. Role of municipal courts in implementing ICJ decisions
      6. ICJ’s directives to municipal courts
      7. ICJ’s citation of municipal courts’ decisions
      8. Capability of municipal courts in the field of international law
      9. Chapter II:

        Enforcement of ICJ decisions in municipal courts

      10. Enforcement of ICJ decisions in municipal courts

    4. International legal framework pertaining to the enforcement of ICJ decisions
      1. Obligation to comply with ICJ decisions
      2. Binding force of ICJ decisions
      3. Enforcement of ICJ decisions in the UN Charter
      4. Other methods of enforcement

    5. Practice of the ICJ decisions enforcement in municipal courts
    6.  

      1. ICJ decisions enforcement sensu stricto
      2. ICJ decisions enforcement sensu largo

     

     

     

     

    Chapter III:

    Reception of decisions of the ICJ by municipal courts

  2. Reception of decisions of the ICJ by municipal courts
    1. Empirical data
    2. Questions of international law
      1. ICJ decisions as evidence of international law
      2. ICJ decisions as authoritative treaty interpretation
      3. ICJ decisions and rationale behind international norms
      4. ICJ decisions and sources of international law

    3. Questions of fact
    4. Municipal courts distinguishing between ICJ conclusions and cases at hand
    5. Status of ICJ decisions in the jurisprudence of municipal courts

     

     

     

    Final conclusions

     

  3. Final conclusions

...
View More

Author(s)

Biography

Oktawian Kuc, formerly a Legal Officer at the United Nations Office in Geneva, is a practicing attorney admitted to the bar in Poland and the New York State. He holds degrees from Harvard Law School (LLM) and the University of Warsaw (PhD in Public International Law, Master of Laws, Master in International Affairs). He used to work as an Associate Professor at the Cardinal Stefan Wyszynski University in Warsaw and was a Helton Fellow of the American Society of International Law and a DAAD Fellow at the Max Planck Institute for Comparative Public Law and International Law in Heidelberg.]