International Law through the National Prism: the Impact of Judicial Dialogue
This project explores whether and for what reasons national courts engage in a transnational judicial (‘court-to-court’) dialogue and what are the effects of such dialogues on the interpretation, application and development of international law.
This three-year project will contribute to our understanding of how national courts engage in the interpretation, application and development of international law through transnational judicial (‘court-to-court’) dialogue. It will provide a systematic empirical analysis of the extent of judicial dialogues on international law, uncover methodologies of courts, as well as their motivations to engage in such dialogues, and identify ‘best practices’ for determining when and how domestic courts should rely on foreign and international interpretations. The project will provide critical information to scholars, practitioners and policymakers in the field of the rule of law and human rights.
The project is carried out by the ACIL in cooperation with four partners (the University of Vienna, Humboldt University of Berlin, the University of Lodz, and the University of Oslo) and three associated partners (Tel Aviv University, University of Siena, University of Salamanca). It started on 1 January 2012. It is funded by the European Science Foundation (ESF) as a European Collaborative Research Project in the Social Sciences (ECRP).