The relationships between domestic law and international adjudication have always been thought in terms of binary oppositions, most notably the one of fact and law. This bipolar reflection mirrors the one structuring the relations between domestic law and international law, inhabited by famous binary tensions such as monism/dualism, national judge/international judge. Nevertheless, the evolution of the international legal order and the increasing maturity of international dispute settlement lead to nuance these dichotomies. Such a reflection encourages to overcome the old binary way of thinking and to embrace a “paradigm of complexity”, to use the words of Edgar Morin. Thinking the relationship between domestic law and international adjudication in terms of complexity will lead us to deconstruct the way the international judge uses domestic law in the exercise of the international judicial function and goes as far as to shape the form of the domestic legal order.
This lecture is a standalone event as part of ACIL's two-day workshop "Engaging with Domestic Law in International Adjudication: Factfinding or Transnational Law-Making?"
Hélène Ruiz Fabri has degrees in law and political science and a Doctorate from the University of Bordeaux. Before becoming Director of the Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law in 2014, she was professor at the Sorbonne Law School (University of Paris 1 Panthéon-Sorbonne) of which she has been Dean for four years. She has also been Director of the Joint Institute of comparative law of Paris (UMR de droit comparé - Paris 1/CNRS) for 11 years and Director of the Master 2 Degree Program in International Economic Law. She has published extensively in the fields of WTO Law and International Dispute Resolution, and in Constitutional Law. She taught at the Academy of European Law (Florence) and at the Academy of International Law (The Hague). She also has expertise at the Council of Europe (as a legal consultant on the ratification and the implementation of the European Convention on Human Rights in East European countries), at the French administration and at the Organisation internationale de la Francophonie (as a legal consultant on the cultural diversity).
This lecture is open to the public. It will take place at Amsterdam Law School, building REC A, room A3.15, Nieuwe Achtergracht 166, Amsterdam.