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Tzanakopoulos, Antonios --- "Domestic judicial lawmaking" [2016] ELECD 588; in Brölmann, Catherine; Radi, Yannick (eds), "Research Handbook on the Theory and Practice of International Lawmaking" (Edward Elgar Publishing, 2016) 222

Book Title: Research Handbook on the Theory and Practice of International Lawmaking

Editor(s): Brölmann, Catherine; Radi, Yannick

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781781953211

Section: Chapter 11

Section Title: Domestic judicial lawmaking

Author(s): Tzanakopoulos, Antonios

Number of pages: 20

Abstract/Description:

This contribution to the Research Handbook on the Theory and Practice of International Law-Making discusses the law-making potential of domestic courts. Given the seemingly strict 'dualist' approach of international law to domestic law and domestic court decisions ('merely facts'), the paper demonstrates the modest international law-developing function of domestic courts: it first details their methods in engaging international law, and then discusses the impact of such engagement. It concludes that domestic courts may, in terms of content, fine-tune rules of international law rather than set grand principles. In terms of process, this is done by 'suggesting' the fine-tuning, rather than in any way single-handedly developing international law.