Do Scandinavians Care about International Law? A Study of Scandinavian Judges’ Citation Practice to International Law and Courts
In: Nordic Journal of International LawSearch for other papers by Marlene Wind in
Current site
Google Scholar
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.
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12
Christoffersen and Rask Madsen, ibid., p. 1.
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13
Christoffersen and Rask Madsen, supra note 4, p. 258.
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15
Christoffersen and Madsen, supra note 4, p. 259.
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18
Christoffersen and Madsen, supra note 4, p. 258.
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27
Wind, supra note 8, pp. 1039–1063.
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39
Christoffersen and Rask Madsen, supra note 4, pp. 257–258.
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58
Wind, supra note 8, pp. 1039–1063.
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61
Wind, supra note 8, pp. 1039–1063.
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66
A. Ross, International Law: An Introduction (Copenhagen: Nyt Nordisk Forlag, 1984); Wind, Sovereignty and European Integration, supra note 43.
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Do Scandinavians Care about International Law? A Study of Scandinavian Judges’ Citation Practice to International Law and Courts
In: Nordic Journal of International LawSearch for other papers by Marlene Wind in
Current site
Google Scholar
PubMed
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.
| All Time | Past 365 days | Past 30 Days | |
|---|---|---|---|
| Abstract Views | 621 | 63 | 11 |
| Full Text Views | 545 | 11 | 0 |
| PDF Views & Downloads | 263 | 17 | 1 |