International Law Decisions in National Courts
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In this ground-breaking study, taken on the initiative of U.S. Supreme Court Justice Sandra Day O’Connor, Thomas M. Franck, and Gregory H. Fox explore the use of international law decisions by national courts, providing in-depth materials for answers to such critical and practical questions as: To what extent do national judges treat the decisions of their international colleagues as binding or persuasive? Do national judges regard the outcomes of international decisions as res judicata? As evidence of law or fact?Published under the Transnational Publishers imprint. Booknews Thirteen contributions to this volume, drawn from a conference held at the N. Y. U. Law School in February, 1995, address topics including federalism of free nations; a typology of transjudicial communication; national jurisprudence in international tribunals; opinions of the court of the EU in national courts; interaction between international criminal tribunals and national legal systems; and an overview and conclusions. Contributors include Sandra Day O'Connor, Harvard U.'s Professor Anne-Marie Slaughter, President Mohammed Bedjaoiu of the International Court of Justice, and many others. Lacks index and bibliography, although it is amply footnoted. Annotation c. Book News, Inc., Portland, OR (booknews.com)
Ch. 1Introduction: Transnational Judicial Synergy1Ch. 2Federalism of Free Nations13Ch. 3The Reception by National Courts of Decisions of International Tribunals21Ch. 4A Typology of Transjudicial Communication37Ch. 5International Law in National Courts71Ch. 6National Jurisprudence in International Tribunals107Ch. 7Effects of International Arbitral Tribunals in National Courts (I)147Ch. 8Effects of International Arbitral Tribunals in National Courts (II)177Ch. 9Opinions of the Court of the European Union in National Courts221Ch. 10Effects of Decisions of Regional Human Rights Tribunals on National Courts247Ch. 11Interaction Between International Criminal Tribunals and National Legal Systems285Ch. 12Effect of the Jurisprudence of the International Court of Justice on National Courts335Ch. 13Rapporteur's Overview and Conclusions: of Sovereignty, Globalization and Courts373Appendix - List of Conference Participants397
