Beyond Dispute: International Judicial Institutions as Lawmakers

Abstract

The increasing number of international judicial institutions, producing an ever-growing stream of decisions, has been one of the dominant features of the international legal order of the past two decades. The shift in quantity has gone hand in hand with a transformation in quality. Today, it is no longer convincing to only think of international courts in their role of settling disputes.

Armin von Bogdandy is Director at the Max Planck Institute for Comparative Public Law and International Law (MPIL), Heidelberg, Professor of Law at the Goethe University, Frankfurt, and President of the OECD Nuclear Energy Tribunal. Ingo Venzke is a Research Fellow at the University of Amsterdam, formerly Hauser Research Scholar at New York University and a Research Fellow at the MPIL; his work was supported by the German Academic Exchange Service. Both authors wish to thank Rudolf Bernhardt, Jochen von Bernstorff, Sabino Cassese, Jochen Frowein, Yuval Shany, Bruno Simma, Rüdiger Wolfrum and all participants of the present collaborative research project for their comments on earlier versions of this contribution.