Do Scandinavian Care about international law? A Study of Scandinavian Judges' Citation Practice to International Law and Courts
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Do Scandinavian Care about international law? A Study of Scandinavian Judges' Citation Practice to International Law and Courts. / Wind, Marlene.
I: Nordic Journal of International Law, Bind 85, Nr. 4, 85, 11.2016, s. 281-302.Publikation: Bidrag til tidsskrift › Tidsskriftartikel › Forskning › fagfællebedømt
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TY - JOUR
T1 - Do Scandinavian Care about international law?
T2 - A Study of Scandinavian Judges' Citation Practice to International Law and Courts
AU - Wind, Marlene
PY - 2016/11
Y1 - 2016/11
N2 - Although Scandinavians are often celebrated as the vanguards of human rights and international law, we know little about whether courts and judges in these countries have embraced those international courts and conventions that they themselves helped establish after the Second World War. This article presents original and comprehensive data on three Scandinavian courts' citation practice. It demonstrates that not only do Scandinavian Supreme Courts engage surprisingly little with international law, but also that there is great variation in the degree to which they have domesticated international law and courts by citing their case law. Building on this author's previous research, it is argued that Norway sticks out as much more engaged internationally due to a solid judicial review tradition at the national level. It is also argued that Scandinavian legal positivism has influenced a much more reticent approach to international case law than would normally be expected from this region in the world.
AB - Although Scandinavians are often celebrated as the vanguards of human rights and international law, we know little about whether courts and judges in these countries have embraced those international courts and conventions that they themselves helped establish after the Second World War. This article presents original and comprehensive data on three Scandinavian courts' citation practice. It demonstrates that not only do Scandinavian Supreme Courts engage surprisingly little with international law, but also that there is great variation in the degree to which they have domesticated international law and courts by citing their case law. Building on this author's previous research, it is argued that Norway sticks out as much more engaged internationally due to a solid judicial review tradition at the national level. It is also argued that Scandinavian legal positivism has influenced a much more reticent approach to international case law than would normally be expected from this region in the world.
KW - Faculty of Social Sciences
KW - international courts
KW - international law
KW - judicial review
KW - legal positivism
KW - majoritarian democracy
KW - Scandinavian judges
KW - supreme courts
U2 - 10.1163/15718107-08504010
DO - 10.1163/15718107-08504010
M3 - Journal article
VL - 85
SP - 281
EP - 302
JO - Nordic Journal of International Law
JF - Nordic Journal of International Law
SN - 0902-7351
IS - 4
M1 - 85
ER -
ID: 170016242