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Book . 2022
License: CC BY NC ND
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https://doi.org/10.4324/978103...
Book . 2022 . Peer-reviewed
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The International Court of Justice and Municipal Courts

An Inter-Judicial Dialogue
Authors: Kuc, Oktawian;

The International Court of Justice and Municipal Courts

Abstract

Recent decades have brought international and municipal courts much closer together and induced meaningful cooperation. This holds true also for the International Court of Justice and domestic judicial institutions as they engage actively in an inter-judicial dialogue, particularly on the normative level. Due to the impact of globalisation and internationalisation, the World Court has expanded its jurisprudence to also accommodate references and analysis of external judicial organs and their pronouncements. Likewise, ICJ decisions are referred to and consulted by municipal courts as authoritative statements of international norms or assistance in fact determination. This monograph examines this inter-judicial dialogue in a comprehensive manner by identifying and analysing all its aspects as evidenced in respective jurisprudence. Surprisingly, the mutual conversation in judicial decisions between the World Court and national judicial institutions has drawn little attention from international legal scholarship, and the book is designed to fill this lacuna.

Country
Poland
Related Organizations
Keywords

Arrest Warrant Case, ICJ Decision, Advisory Opinions, ICJ Rule, Municipal Courts;International Court Of Justice;International Law;Avena Case;LaGrand Case;International Court;ICJ Rule;Arrest Warrant Case;Municipal Judicial Decisions;Jurisdictional Immunities;Provisional Measures;International Humanitarian Law;Post-adjudicative Phase;Bosnia Genocide Case;Avena Judgment;ICJ Decision;North Sea Continental Shelf Cases;Sensu Largo;Nuclear Weapons Opinion;Advisory Opinions;Exclusive Economic Zone;Barcelona Traction Case;UK House;Western Sahara Opinion, Provisional Measures, UK House, Jurisdictional Immunities, thema EDItEUR::L Law::LA Jurisprudence and general issues::LAQ Law and society, sociology of law, International Law, International Court Of Justice, International Court, Bosnia Genocide Case, Post-adjudicative Phase, Exclusive Economic Zone, Municipal Judicial Decisions, Avena Judgment, Nuclear Weapons Opinion, North Sea Continental Shelf Cases, Barcelona Traction Case, Western Sahara Opinion, Avena Case, Sensu Largo, LaGrand Case, International Humanitarian Law, thema EDItEUR::L Law::LB International law::LBB Public international law, Municipal Courts

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    popularity
    This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
    Top 10%
    influence
    This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
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    impulse
    This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
3
Top 10%
Average
Average
Green