Bullettin n. 1/2011
June 2011
CONTENTS
  • Section A) The theory and practise of the federal states and multi-level systems of government
  • Section B) Global governance and international organizations
  • Section C) Regional integration processes
  • Section D) Federalism as a political idea
    • Kuhli Milan,Günther Klaus
    Judicial Lawmaking, Discourse Theory, and the ICTY on Belligerent Reprisals
    in German Law Journal , Vol. 12, n. 5 ,  2011 ,  1261-1278
    Without presenting a full definition, it can be said that the notion of judicial lawmaking implies the idea that courts create normative expectations beyond the individual case. That is, our question is whether courts’ normative declarations have an effect which is abstract and general. Our purpose here is to ask about judicial lawmaking in this sense with respect to international criminal courts and tribunals. In particular, we will focus on the International Criminal Tribunal for the Former Yugoslavia (ICTY). No other international criminal court or tribunal has issued so many judgments as the ICTY, so it seems a particularly useful focus for examining the creation of normative expectations. Full text available at: http://www.germanlawjournal.com/pdfs/Vol12-No5/PDF_Vol_12_No_05_1261-1278_Beyond%20Disptue%20Special_Kuhli%20%20Gunther%20FINAL.pdf
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