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.

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Editorial Reviews

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 (
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Product Details

  • ISBN-13: 9781571050076
  • Publisher: Brill Academic Publishers, Inc.
  • Publication date: 5/1/1996
  • Pages: 406
  • Product dimensions: 6.00 (w) x 9.40 (h) x 1.30 (d)

Meet the Author

Thomas M. Franck is the Murry and Ida Becker Professor of Law, New York University School of Law, and Director of the New York University School of Law Center for International Studies. Gregory H. Fox is Adjunct Professor of Law, New York University School of Law.
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Table of Contents

Ch. 1 Introduction: Transnational Judicial Synergy 1
Ch. 2 Federalism of Free Nations 13
Ch. 3 The Reception by National Courts of Decisions of International Tribunals 21
Ch. 4 A Typology of Transjudicial Communication 37
Ch. 5 International Law in National Courts 71
Ch. 6 National Jurisprudence in International Tribunals 107
Ch. 7 Effects of International Arbitral Tribunals in National Courts (I) 147
Ch. 8 Effects of International Arbitral Tribunals in National Courts (II) 177
Ch. 9 Opinions of the Court of the European Union in National Courts 221
Ch. 10 Effects of Decisions of Regional Human Rights Tribunals on National Courts 247
Ch. 11 Interaction Between International Criminal Tribunals and National Legal Systems 285
Ch. 12 Effect of the Jurisprudence of the International Court of Justice on National Courts 335
Ch. 13 Rapporteur's Overview and Conclusions: of Sovereignty, Globalization and Courts 373
Appendix - List of Conference Participants 397
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