ABSTRACT

Chapter 1 scrutinises the jurisprudence of the International Court of Justice and the role municipal judicial decisions play in its case-law, both in contentious and advisory proceedings. Up to 31 December 2020, 40 rulings of the World Court have been identified that refer in some way to domestic courts’ pronouncements, a significant majority rendered after the year 2000. Many of them constitute a subject-matter of disputes submitted to the ICJ for settlement. They also assist in the fact-finding function or provide guidance on matters of municipal law. But municipal judicial decisions are simultaneously consulted by the Court to address questions of international law, including treaty interpretation, identification of customary norms, or as a subsidiary source of law, not to mention procedural issues. All those instances are elements of fruitful inter-judicial dialogue in the realm of international law.