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The International Court of Justice and the Judicial Function$
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Gleider I Hernández

Print publication date: 2014

Print ISBN-13: 9780199646630

Published to Oxford Scholarship Online: August 2014

DOI: 10.1093/acprof:oso/9780199646630.001.0001

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Beyond Legalization

Beyond Legalization

Final Thoughts

(p.281) IX Beyond Legalization
The International Court of Justice and the Judicial Function

Gleider I Hernández

Oxford University Press

In this final Chapter, a number of further reflections are advanced. First, the idea that constitutionalization as a valid descriptive framework is rejected for its lack of concordance with reality; secondly, the notion of pluralism is rejected as a possible normative framework, given the Court's practice and self-consciousness as a judicial organ of a system of international law. The Chapter concludes with some thoughts as to the possible reimagining of the judicial function through scholarship.

Keywords:   Constitutionalization, pluralism, the nature of international law, the judicial function, the role of scholarship

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