Do Scandinavians Care about International Law?
Publikation: Working paper › Forskning › fagfællebedømt
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Do Scandinavians Care about International Law? / Wind, Marlene.
2016. s. 1-19.Publikation: Working paper › Forskning › fagfællebedømt
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TY - UNPB
T1 - Do Scandinavians Care about International Law?
AU - Wind, Marlene
PY - 2016/9/1
Y1 - 2016/9/1
N2 - Although Scandinavians are often celebrated as the vanguards of human rights and internationallaw, we know little about whether courts and judges in these countries have embraced thoseinternational courts and conventions that they themselves helped establish after the Second WorldWar. This article presents original and comprehensive data on three Scandinavian courts’ citationpractice. It demonstrates that not only do Scandinavian Supreme Courts engage surprisingly littlewith international law, but also that there is great variation in the degree to which they havedomesticated international law and courts by citing their case law. Building on this author’sprevious research, it is argued that Norway sticks out as much more engaged internationally due toa solid judicial review tradition at the national level. It is also argued that Scandinavian legalpositivism, has influenced a much more reticent approach to international case law than wouldnormally be expected from this region in the world.
AB - Although Scandinavians are often celebrated as the vanguards of human rights and internationallaw, we know little about whether courts and judges in these countries have embraced thoseinternational courts and conventions that they themselves helped establish after the Second WorldWar. This article presents original and comprehensive data on three Scandinavian courts’ citationpractice. It demonstrates that not only do Scandinavian Supreme Courts engage surprisingly littlewith international law, but also that there is great variation in the degree to which they havedomesticated international law and courts by citing their case law. Building on this author’sprevious research, it is argued that Norway sticks out as much more engaged internationally due toa solid judicial review tradition at the national level. It is also argued that Scandinavian legalpositivism, has influenced a much more reticent approach to international case law than wouldnormally be expected from this region in the world.
KW - Faculty of Social Sciences
KW - Supreme Courts
KW - citations analysis
KW - Scandinavian judges
KW - majoritarian democracy
KW - judicial review
KW - legal positivism
KW - international law
KW - international courts
M3 - Working paper
T3 - iCourts Workingpaper
SP - 1
EP - 19
BT - Do Scandinavians Care about International Law?
ER -
ID: 171617522