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The Global Community Yearbook of International Law and Jurisprudence 2019$
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Giuliana Ziccardi Capaldo

Print publication date: 2020

Print ISBN-13: 9780197513552

Published to Oxford Scholarship Online: April 2021

DOI: 10.1093/oso/9780197513552.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 15 October 2021

Towards a “Judicial Knowledge-Sharing Dialogue”—A Methodological Pilot Project to Interpret and Disseminate Global Law

Towards a “Judicial Knowledge-Sharing Dialogue”—A Methodological Pilot Project to Interpret and Disseminate Global Law

Chapter:
(p.13) Towards a “Judicial Knowledge-Sharing Dialogue”—A Methodological Pilot Project to Interpret and Disseminate Global Law
Source:
The Global Community Yearbook of International Law and Jurisprudence 2019
Author(s):

Giuliana Ziccardi Capaldo

Publisher:
Oxford University Press
DOI:10.1093/oso/9780197513552.003.0002

Judicial dialogue has to be improved because of the continuous globalization and because constitutional principles formulated on the global level are often unknown to national judges. The author presents an alternative proposal to the traditional model(s) of dialogue between courts that she calls “judicial knowledge-sharing dialogue.” The chapter explains how, in order to better understand the complex nature of the global law system and disseminate information and content, international courts should attain a genuine dialogue with domestic courts as a way to interpret and share knowledge of global principles. This chapter launches a pilot project for a judicial knowledge-sharing process inspired by basic principles and concepts of knowledge management, based on a combination of three crucial activities: interpreted informationknowledge dissemination—effective action. It argues that a sharing knowledge through dialogue is a better tool for courts working together to develop a truly universal constitutional structure of the global community, for the purpose of strengthening the protection of fundamental rights and commons.

Keywords:   global constitutional principles, global law dissemination, global human society, global society community constitutionalization, global judicial dialogue, interpreted information, judicial knowledge-sharing dialogue, legal knowledge dissemination, national/international courts, principle of no-impunity Taricco saga

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