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In this ACIL Luncheon, Letizia Lo Giacco will present her paper on the practice by both national and international courts of citing previous judicial decisions rather than primary sources in their decisions.

Event details of ACIL Luncheon
Date 27 June 2017
Time 12:00 -13:00
Location Oudemanhuispoort

Letizia Lo Giacco: Interpretations by Renvoi: The Rise of Judicial Decisions over Sources of International Law

Judicial decisions are cited by scholars in legal writings, by international organizations in legal reports, and by judges in their judicial decisions. Letizia‚Äôs paper explores the practice of courts (both national and international) of citing judicial decisions in their pronouncements. In particular, the paper considers instances of judicial decisions in which prior interpretations of a certain legal rule has displaced the reference to the text of the rule itself, and provided the previous interpretation of the rule as a new point of reference. Such practices of judicial citation essentially show that i) courts tend to invoke prior judicial decisions in lieu of primary sources, and that ii) interpretation contained in a judicial decision shapes the content of legal rules to the extent of offering a new wording which marginalizes the text of the actual provision. 

Faculty of Law, Room A101


Oudemanhuispoort 4-6
1012 CN Amsterdam


The ACIL regularly organizes ACIL Luncheons at which ACIL researchers and visiting fellows present aspects of their work, discuss recent developments, cases, ideas, etc. ACIL Luncheons aim to advance interaction and exchange of research. They are open to all; registration is not required.