The Asymmetric Judicial Dialogue Between the ICJ and the IACtHR: An Empirical Analysis

Abstract

This article evaluates the judicial dialogue between the International Court of Justice (ICJ) and the Inter-American Court of Human Rights (IACtHR). It aims to discuss, on the one hand, the use of the ICJ jurisprudence in the case law of the Inter-American Court and the use of the IACtHR jurisprudence in the case law of the ICJ, on the other hand. Being aware that the ICJ and the IACtHR are placed in different levels and possess structural differences, the judicial dialogue between these two courts is inevitably marked by asymmetries. The empirical analysis of the interaction between the ICJ and the IACtHR aims to identify the functions of the judicial dialogue, which encompass the general cross-fertilization function and the function of enhancing the persuasiveness, authority or legitimacy of individual judicial decisions.

Judicial interactions in action - a tool for a more powerful and influential EU Charter of Fundamental Rights

“…31 This was referred to as dialogue between different 31 Cfr. C. L'Heureux-Dubè, 'The Importance of Dialogue: Globalization and the International Impact of the Rehnquist Court', Tulsa Law Journal, 34 (1998) jurisdictions, 32 judicial dialogue, horizontal and vertical communication, 33 transjudicial communication, 34 interjudicial dialogue 35 and reception. 36 As a result of the increasing relations among legal systems -and consequently the increased opportunities for judges in different countries to interact -dialogue between courts was strengthened: references to statements and principles on fundamental rights formulated in foreign jurisprudence flourished.…”