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From Bilateralism to Community InterestEssays in Honour of Bruno Simma$
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Ulrich Fastenrath, Rudolf Geiger, Daniel-Erasmus Khan, Andreas Paulus, Sabine von Schorlemer, and Christoph Vedder

Print publication date: 2011

Print ISBN-13: 9780199588817

Published to Oxford Scholarship Online: May 2011

DOI: 10.1093/acprof:oso/9780199588817.001.0001

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Domestic Judicial Compliance with International Judicial Decisions: Some Paradoxes

Domestic Judicial Compliance with International Judicial Decisions: Some Paradoxes

(p.1168) Domestic Judicial Compliance with International Judicial Decisions: Some Paradoxes
From Bilateralism to Community Interest

Andrea Gattini

Oxford University Press

This chapter offers a short overview of different methods of compliance with international judicial decisions by the domestic judiciary. It focuses on judicial compliance in a broad yet technical meaning, leaving aside the no less fascinating, but fundamentally different, question of judicial reception, i.e., the use by a national court of the findings of an international court as authoritative interpretation of the content of an international norm. This chapter does of course encounter different normative settings, but it is confronted as well with questions appertaining to the self-understanding of each court and with different attitudes of States towards each of them. Taking such an insight, a dogmatic approach inevitably comes up against the realm of judicial policy and expediency, and the even broader field of the social acceptance of legal rules.

Keywords:   international law, international judicial decisions, compliance, domestic judiciary

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