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Full-Text Articles in International Law
L’Europe Face Aux Défis De Pluralismes Inattendu, Vivian Grosswald Curran
L’Europe Face Aux Défis De Pluralismes Inattendu, Vivian Grosswald Curran
Book Chapters
This contribution to a Festschrift in honor of Mireille Delmas-Marty explores the challenges for Delmas-Marty’s aim of “ordered pluralism” within the EU, given the departures from fundamental EU values by some of its Member States in recent years. It touches on the divided pasts of the Western and Eastern members of the EU, building on work of C. Joerges and T. Snyder in that area, addressing how the different historical narratives may be understood. It also suggests the utility of Article 17 of the European Convention, as was done by the partially concurring, partially dissenting judges in the Navalny v. …
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 …