Marko Milanovic (University of Nottingham School of Law) has posted “Domestic Court Decisions as Sources of International Law and Their Effects on the International Plane”. The abstract reads:
This was an introductory paper at the Third ILDC Colloquium, held at the University of Glasgow, 19 May 2011. It broadly covers two sets of issues: first, the place of the decisions of domestic courts within the doctrine of sources in modern international law, and second, the myriad of effects that these decisions can have on the international plane. It discusses inter alia the role of domestic courts as agents of international legal development and socializers of states through norm internalization, as well as their roles in generating, avoiding or resolving international disputes and checking international law and institutions against other norms and values.
Download a pdf copy of the paper at SSRN here.