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Globalization of Judgment: Transjudicialism and the Five Faces of International Law in Domestic Courts

Resource type
Author/contributor
Title
Globalization of Judgment: Transjudicialism and the Five Faces of International Law in Domestic Courts
Abstract
This Article identifies and explores the justifications or rationales offered by national court judges in support of their references to international human rights law. It does not analyze the extent to which judges invoke international law; rather, it examines the reasons offered by judges to explain their references to international law. The focus is on leading decisions rendered by higher courts in the United States and Commonwealth jurisdictions where the international norms do not bind decision-makers because they have not been made part of domestic law through an act of incorporation, the relevant treaty has not been ratified, or the ratifying state has filed a reservation limiting a treaty's domestic effect.
Genre
SSRN Scholarly Paper
Archive ID
1718609
Place
Rochester, NY
Date
2002
Accessed
9/4/23, 1:30 AM
Short Title
Globalization of Judgment
Language
en
Library Catalog
Social Science Research Network
Citation
Bahdi, R. (2002). Globalization of Judgment: Transjudicialism and the Five Faces of International Law in Domestic Courts (SSRN Scholarly Paper 1718609). https://papers.ssrn.com/abstract=1718609
Author / Editor