Judicial Lawmaking, Discourse Theory, and the ICTY on Belligerent Reprisals

Kuhli, Milan; Günther, Klaus

doi:10.1007/978-3-642-29587-4_11

Cited by 3 publications

(4 citation statements)

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“…They realized that through judge-made law that creatively invoked customary international law they could impose on recalcitrant governments, mainly in the developing world, constrains they would hesitate to commit to in treaties. In fact, some of those states expressed their apprehension that the newly established tribunals would make new law and 1 On the lawmaking by international criminal tribunals, see Kuhli et al (2011);Swart (2010);Danner (2006).…”

Section: Bibliography B a Fourth Role?mentioning

confidence: 99%

Economic analysis of international law

Aaken¹,

Stradner²

2021

Research Methods in International Law

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Section: Bibliography B a Fourth Role?mentioning

confidence: 99%

Economic analysis of international law

Aaken¹,

Stradner²

2021

Research Methods in International Law

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“…Over the course of its activity, the ECtHR has significantly developed the European Convention and coated its text with thick layers of meaning. 116 Of central importance in the development of the law has been the Appeals Chamber, which has effectively vested earlier decisions with precedential force. 111 Decisions of the Inter-American Court of Human Rights (IACtHR) paint a similar picture while the Court dives even deeper into the constitutional orders of member states by obliging domestic courts to engage in judicial review of national law against standards of the American Convention on Human Rights.…”

Section: International Courts As Organs Of a Value-based Internationamentioning

confidence: 99%

“…115 It has crafted a rich body of case law that has considerably developed both procedural and material criminal law. 116 Of central importance in the development of the law has been the Appeals Chamber, which has effectively vested earlier decisions with precedential force. '[T]he need for coherence is particularly acute', it held, 'where the norms of international humanitarian law and international criminal law are developing.'…”

Section: International Courts As Organs Of a Value-based Internationamentioning

confidence: 99%

On the Functions of International Courts: An Appraisal in Light of Their Burgeoning Public Authority

Bogdandy¹,

Venzke²

2013

Leiden Journal of International Law

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This contribution presents international judicial institutions as multifunctional actors against the background of a traditional understanding, which sees just one function: settling disputes. The traditional, one-dimensional understanding eclipses other important functions that many international courts do actually perform in contexts of global governance and it underrates problems in their legitimation. In order to appreciate international adjudications' manifold contributions to social interaction, the paper first identifies three more functions beyond dispute settlement: the stabilization of normative expectations, law-making, and the control as well as legitimation of authority exercised by others. It then places these functions within broader basic understandings of international courts, which respectively picture them as instruments of the parties in a state-centred world order, as organs of a value-based international community, and as institutions of specific legal regimes. The distinct problems that each of these basic understanding faces lead to the contours of a new paradigm for the study of international courts as actors exercising public authority. The present functional analysis ultimately helps to refine both the phenomenon and normative questions.

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“…On the lawmaking by international criminal tribunals, seeKuhli et al (2011);Swart (2010);Danner (2006) 2. This is vividly recalled by the late Antonio Cassese, who served as President of the ICTY, in an interview with Professor Weiler conducted in 2003 (http://www.ejiltalk.org/ nino-in-his-own-words/).…”

mentioning

confidence: 99%