Serena Forlati

Judicial Interpretation and the Development of International Law

  • Abstract

Informations and abstract

Keywords: Case Law – Judicial Development of the Law – Res Judicata – Authoritativeness – State Practice.

Although international judgments are formally binding only for the parties and for the particular case, judicial interpretation is critical to the development of international law. A creative role is inherent to the exercise of the judicial function also at the domestic level; however, this phenomenon is enhanced by the specific features of the international legal order, where the authoritativeness of “judge-made lawµ ultimately relies on the ability of international courts and tribunals to identify solutions that are acceptable to their constituencies.

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