Engaging with Domestic Law in International Adjudication
Factfinding or Transnational Law-Making?
International law today is marked by ‘judicialisation’ as a result of the proliferation of international courts and tribunals. Emphasis has been put on how international courts and tribunals actively make international law. What is often neglected, is that international courts and tribunals regularly engage with domestic law. This Workshop focuses on the approach(es) adopted by international courts and tribunals in dealing with issues of domestic law.
Participation in this workshop is by invitation only.
International law today is marked by ‘judicialisation’ as a result of the unprecedented proliferation of international courts and tribunals. Great emphasis has been put on how international courts and tribunals engage with – interpret, apply and further develop – international law, both general and specific, such as human rights, foreign investment or international trade law. One conclusion scholars share is that international courts and tribunals actively make international law.
By contrast, what is often neglected, is that international courts and tribunals regularly engage with domestic law. This can concern incidental questions, such as the determination of nationality, the validity of domestic property rights, or the legality under domestic law of government conduct.
A pivotal, yet underexplored question is how international courts and tribunals engage with domestic law and what effect that engagement has on the domestic law in question.
Empirical, analytical and normative questions pose themselves, among others:
- Do international courts and tribunals only passively ‘find’ the law by treating it itself as a fact and apply it to the facts of the case at hand?
- Or do international courts and tribunals creatively work with, perhaps even further develop it?
- Do they adopt a transnational and comparative approach in relation to domestic legal issues?
- If international courts and tribunals take a transnational approach, what are the reasons for it?
- What should the appropriate approach to dealing with domestic law be?
- Is it appropriate for international courts and tribunals to take a transnational approach, perhaps even further develop the law in question by setting precedent?
- Or is there a duty to treat domestic law as a fact?
Seeking to further explore and shed light on these questions, this workshop will focus on the approach(es) adopted by international and regional courts and tribunals in dealing with issues of domestic law, or certain aspects of it.
Please note that participation in the workshop is by invitation only. Professor Hélène Ruiz Fabri's keynote lecture will be accessible to the general public as a standalone event.
- Panel 1: Domestic Law between Law and Fact
- Panel 2: Relationships between Domestic and International Law
- Keynote lecture by Professor Hélène Ruiz Fabri
- Panel 3: Forms of Engagement with Domestic Law
- Panel 4: International Economic Law
- Panel 5: Human Rights Law
- Presentation of ERC research on private-public arbitrations and transnational law
- Concluding Remarks
This event has received funding from the European Research Council.