Edited by Catherine Brölmann and Yannick Radi
Chapter 10: International judicial lawmaking
AbstractThe role of judicial institutions in the development of international law has been an open question since the days of PCIJ. If the adjective ‘judicial’ can be used as pertaining to a system of courts of law dedicated to the administration of justice within a legal order, a judiciary’s role in lawmaking remains foundational as regards the nature and form of a legal system. However, number of international judicial institutions renders sweeping generalisations on the phenomenon of international judicial lawmaking difficult. The first section considers the question of judicial lawmaking generally. The second part of this chapter will consider how the jurisprudence of the ICJ and its predecessor, the PCIJ, have contributed to the development of international law. The chapter concludes with the work of the WTO’s Appellate Body, the ad hoc international criminal tribunals for the former Yugoslavia and Rwanda, and the American and European human rights courts.
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