Title: Changing the Rules of the (International) Game: How International Law is Turning National Courts into International Political Actors
Abstract: Courts are known to be political actors. National courts play the political game in the national domain; international courts play it in the international sphere. This paper studies the transformation of national courts into international, political actors (IPAs), and the part played by international law in making them so. The paper identifies, categorizes, and demonstrates the influence of national courts and judges on international relations (IR), separating it into two main categories: direct influence, by taking a position on international issues in concrete situations with immediate IR implications; and indirect influence, by supporting trends that transform international politics (specifically legalization and judicialization of IR) through national courts and judges’ contribution to the empowerment of international law. This process progresses as the engagement of national courts with international law increases, making national courts stronger and more significant actors in international politics.
Publication Year: 2014
Publication Date: 2014-08-19
Language: en
Type: article
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