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Pirker on Judicial Borrowing in International Courts

By Lawrence Solum

Benedikt Pirker (University of Fribourg (Switzerland) - Faculty of Law and Graduate Institute of International and Development Studies (HEI)) has posted Interpreting Multi-Sourced Equivalent Norms: Judicial Borrowing in International Courts (MULTI-SOURCED EQUIVALENT NORMS IN INTERNATIONAL LAW, Tomer Broude & Yuval Shany, eds., Hart, 2010) on SSRN. Here is the abstract:

The paper looks at the practice of judicial borrowing ? the 'transplanting' of legal reasoning developed in one jurisdiction by another jurisdiction ? and assess its relevance to the treatment of MSENs (using case studies from EFTA and MERCOSUR court decisions). It then discusses the policy implication of acts of judicial borrowing involving MSENs, cautioning against the challenge it offers to judicial independence and institutional legitimacy.

Full post as published by Legal Theory Blog on July 14, 2010 (boomark / email).