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Domestic Courts And The Generation Of Norms In International Law, Charles T. Kotoby Jr.
Domestic Courts And The Generation Of Norms In International Law, Charles T. Kotoby Jr.
Articles
International law in the form of treaty and custom is primarily shaped by national executives and legislatures. To be sure, “judicial decisions” are deemed a “subsidiary means for the determination of [international] law,” but that still does not give domestic courts an everyday role in the generation of universal norms and international law. This article proposes a more dynamic reality which elevates the importance of municipal courts in the generation and creation of international law. The truth is that domestic courts interact regularly to announce and create important universal norms—by, for instance, adjudicating expropriation claims, passing on the recognition and …
Remarks By An Idealist On The Realism Of 'The Limits Of International Law', Kenneth Anderson
Remarks By An Idealist On The Realism Of 'The Limits Of International Law', Kenneth Anderson
Articles in Law Reviews & Other Academic Journals
This paper is a response to Jack L. Goldsmith and Eric A. Posner, 'The Limits of International Law' (Oxford 2005), part of a symposium on the book held at the University of Georgia Law School in October 2005. The review views 'The Limits of International Law' sympathetically, and focuses on the intersection between traditional and new methodologies of international law scholarship, on the one hand, and the substantive political commitments that differing international law scholars hold, on the other. The paper notes that some in the symposium claim that the problem with 'The Limits of International Law' is that it …