Do Scandinavian Care about international law? A Study of Scandinavian Judges' Citation Practice to International Law and Courts

TY - JOUR

T1 - Do Scandinavian Care about international law?

T2 - A Study of Scandinavian Judges' Citation Practice to International Law and Courts

AU - Wind, Marlene

PY - 2016/11

Y1 - 2016/11

N2 - 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.

AB - 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.

KW - Faculty of Social Sciences

KW - international courts

KW - international law

KW - judicial review

KW - legal positivism

KW - majoritarian democracy

KW - Scandinavian judges

KW - supreme courts

U2 - 10.1163/15718107-08504010

DO - 10.1163/15718107-08504010

M3 - Journal article

SN - 0902-7351

VL - 85

SP - 281

EP - 302

JO - Nordic Journal of International Law

JF - Nordic Journal of International Law

IS - 4

M1 - 85

ER -