Judicial Decisions in International Law Argumentation: Between Entrapment and Creativity

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Dr Letizia Lo Giacco (Leiden University, the Netherlands)

Judicial Decisions in International Law Argumentation

Between Entrapment and Creativity

Dr Letizia Lo Giacco (Leiden University, the Netherlands)

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English

Hart Publishing
18 April 2024

Comparative law; International criminal law

Series: Studies in International Law

This book explores the question of how the multiplication of judicial decisions on international law has influenced the way in which legal findings in international law adjudication are justified. International law practitioners frequently cite judicial decisions to persuade. Courts interpreting international law are no exception to this practice. However, judicial decisions do much more than persuading: they enable and constrain interpretive discretion.

Instead of taking the road of the sources of international law, this book turns to the somewhat uncharted terrain of legal argumentation. Using international criminal law as a case study, it shows how the growing number of judicial decisions has normalised courts’ resort to them in legal justification and enabled some argumentative practices to become constitutive of international law. In so doing, it critically revisits the implications of an iterative use of judicial decisions, and reassesses the influence of the ‘judicialisation turn’ on the ways in which the meaning of international law is formed, shaped and reshaped by reference to judicial decisions.

By: Dr Letizia Lo Giacco (Leiden University the Netherlands)
Imprint: Hart Publishing
Country of Publication: United Kingdom
Dimensions: Height: 234mm, Width: 156mm, Spine: 25mm
Weight: 454g
ISBN: 9781509948987
ISBN 10: 1509948988
Series: Studies in International Law
Pages: 232
Publication Date: 18 April 2024
Audience: College/higher education , Primary
Format: Paperback
Publisher's Status: Active

Letizia Lo Giacco is Assistant Professor of Public International Law at Leiden University, the Netherlands.