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

International and municipal courts have come closer together, with the International Court of Justice and domestic judicial institutions engaging in an inter-judicial dialogue. This dialogue has expanded the World Court's jurisprudence to accommodate references to external judicial organs and their pronouncements, and ICJ decisions are referred to and consulted by municipal courts as authoritative statements of international norms. This monograph examines this inter-judicial dialogue in a comprehensive manner, identifying and analysing all its aspects as evidenced in respective jurisprudence.

Format: Paperback / softback
Length: 294 pages
Publication date: 29 January 2024
Publisher: Taylor & Francis Ltd

The past few decades have seen a remarkable convergence of international and municipal courts, fostering a strong sense of cooperation and collaboration. This trend extends to the International Court of Justice (ICJ) and domestic judicial institutions, as they engage in active inter-judicial dialogue, particularly on the normative front. The impact of globalization and internationalization has further expanded the jurisprudence of the World Court to include references and analysis of external judicial organs and their pronouncements. Similarly, municipal courts refer to and consult ICJ decisions as authoritative statements of international norms and guidance in fact-finding processes.

This monograph aims to provide a comprehensive examination of this inter-judicial dialogue by identifying and analyzing all its aspects as evidenced in respective jurisprudence. Surprisingly, the mutual conversation in judicial decisions between the World Court and national judicial institutions has received limited attention from international legal scholarship, and this book seeks to address this gap.

In Chapter 1, we explore the historical background and evolution of the inter-judicial dialogue between the World Court and national judicial institutions. We examine how the two bodies have interacted over time, including cases where the World Court has referred to national judicial decisions and how national courts have cited ICJ judgments. We also discuss the significance of this dialogue in the context of international law and the promotion of judicial cooperation.

Chapter 2 delves into the various aspects of the inter-judicial dialogue. We examine the nature of the interaction, including the types of cases that are brought before the World Court and the role of national judicial institutions in shaping the Court's jurisprudence. We also explore the methods used by the Court and national institutions to communicate and exchange information, including written submissions, oral arguments, and amicus curiae briefs.

Chapter 3 examines the impact of the inter-judicial dialogue on the development of international law. We explore how the Court and national institutions contribute to the interpretation and application of international treaties and customary law. We also discuss the potential challenges and limitations of this dialogue, including the potential for disagreement and the need for compromise.

Chapter 4 analyzes the jurisprudence of the World Court and national judicial institutions in the context of the inter-judicial dialogue. We examine how the two bodies have influenced each other's decisions, including cases where the Court has cited national judicial decisions and where national courts have relied on ICJ judgments. We also discuss the implications of this jurisprudence for the future of international law and judicial cooperation.

In conclusion, this monograph provides a comprehensive examination of the inter-judicial dialogue between the World Court and national judicial institutions. It highlights the significance of this dialogue in the context of international law and judicial cooperation. By identifying and analyzing all its aspects, the book seeks to contribute to the ongoing discussion on the role of international and municipal courts in shaping the development of international law.

Weight: 453g
Dimension: 234 x 156 (mm)
ISBN-13: 9781032006895