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Chinese Journal of International Law Advance Access published online on June 23, 2006
Chinese Journal of International Law, doi:10.1093/chinesejil/jml027
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© The Author 2006. Published by Oxford University Press. All rights reserved

Article

The Role of Domestic Courts in the Case Law of the International Court of Justice

André Nollkaemper 1 *

1 Professor of Public International Law and Director of the Amsterdam Centre of International Law at the University of Amsterdam, The Netherlands

* To whom correspondence should be addressed.
André Nollkaemper, E-mail: P.A.Nollkaemper{at}uva.nl


  Abstract

Recent legal scholarship has argued that the traditional hierarchical relationship between international courts and domestic courts has been replaced by a relationship characterized by such features as co-operation, communication and dialogue. This article examines to what extent the practice of the International Court of Justice supports that development. It concludes that the while the case law of the International Court of Justice remains largely rooted in the traditional perspective, in which decisions of domestic courts are just facts, in recent cases we can see some evidence for a more complementary relationship.


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