The End of an Era

Static and Dynamic Interpretation in International Courts

Stuart Toddington, Henrik Palmer Olsen

Research output: Contribution to journalArticle

6 Citations (Scopus)

Abstract

Ninety per cent of international courts' (ICs) legal decisions have been issued within the last two decades. This increase in case law - along with other significant changes in the operation of ICs - signals a new form of judicialised international law. This change is best described as a shift from a 'static' regime of contractual relations between sovereign states to a more 'organic' regime of 'living law'. In criminal law, this development is exemplified by the reasoning of the ICTY, the ICTR and the ICC. In examining the institutional undercurrents that accompany these changes important questions arise: through what social processes is legitimacy imputed to ICs? How do ICs handle or avoid crises in legitimacy? In the context of recent critiques of judicial reasoning in international criminal law, the article suggests that the analysis of case law from ICs must become as dynamic and agile as contemporary international law itself.
Original languageEnglish
Pages (from-to)920-943
Number of pages24
JournalInternational Criminal Law Review
Volume14
Issue number4-5
DOIs
Publication statusPublished - 31 Jul 2014

Fingerprint

interpretation
international law
criminal law
case law
legitimacy
regime
social process
Law

Cite this

Toddington, Stuart ; Olsen, Henrik Palmer. / The End of an Era : Static and Dynamic Interpretation in International Courts. In: International Criminal Law Review. 2014 ; Vol. 14, No. 4-5. pp. 920-943.
@article{d16c71fcac1547298d0edd256529c72e,
title = "The End of an Era: Static and Dynamic Interpretation in International Courts",
abstract = "Ninety per cent of international courts' (ICs) legal decisions have been issued within the last two decades. This increase in case law - along with other significant changes in the operation of ICs - signals a new form of judicialised international law. This change is best described as a shift from a 'static' regime of contractual relations between sovereign states to a more 'organic' regime of 'living law'. In criminal law, this development is exemplified by the reasoning of the ICTY, the ICTR and the ICC. In examining the institutional undercurrents that accompany these changes important questions arise: through what social processes is legitimacy imputed to ICs? How do ICs handle or avoid crises in legitimacy? In the context of recent critiques of judicial reasoning in international criminal law, the article suggests that the analysis of case law from ICs must become as dynamic and agile as contemporary international law itself.",
keywords = "International courts (ICs), International criminal law, Legal analysis, Legal interpretation, Legal theory",
author = "Stuart Toddington and Olsen, {Henrik Palmer}",
year = "2014",
month = "7",
day = "31",
doi = "10.1163/15718123-01405010",
language = "English",
volume = "14",
pages = "920--943",
journal = "International Criminal Law Review",
issn = "1567-536X",
publisher = "Martinus Nijhoff Publishers",
number = "4-5",

}

The End of an Era : Static and Dynamic Interpretation in International Courts. / Toddington, Stuart; Olsen, Henrik Palmer.

In: International Criminal Law Review, Vol. 14, No. 4-5, 31.07.2014, p. 920-943.

Research output: Contribution to journalArticle

TY - JOUR

T1 - The End of an Era

T2 - Static and Dynamic Interpretation in International Courts

AU - Toddington, Stuart

AU - Olsen, Henrik Palmer

PY - 2014/7/31

Y1 - 2014/7/31

N2 - Ninety per cent of international courts' (ICs) legal decisions have been issued within the last two decades. This increase in case law - along with other significant changes in the operation of ICs - signals a new form of judicialised international law. This change is best described as a shift from a 'static' regime of contractual relations between sovereign states to a more 'organic' regime of 'living law'. In criminal law, this development is exemplified by the reasoning of the ICTY, the ICTR and the ICC. In examining the institutional undercurrents that accompany these changes important questions arise: through what social processes is legitimacy imputed to ICs? How do ICs handle or avoid crises in legitimacy? In the context of recent critiques of judicial reasoning in international criminal law, the article suggests that the analysis of case law from ICs must become as dynamic and agile as contemporary international law itself.

AB - Ninety per cent of international courts' (ICs) legal decisions have been issued within the last two decades. This increase in case law - along with other significant changes in the operation of ICs - signals a new form of judicialised international law. This change is best described as a shift from a 'static' regime of contractual relations between sovereign states to a more 'organic' regime of 'living law'. In criminal law, this development is exemplified by the reasoning of the ICTY, the ICTR and the ICC. In examining the institutional undercurrents that accompany these changes important questions arise: through what social processes is legitimacy imputed to ICs? How do ICs handle or avoid crises in legitimacy? In the context of recent critiques of judicial reasoning in international criminal law, the article suggests that the analysis of case law from ICs must become as dynamic and agile as contemporary international law itself.

KW - International courts (ICs)

KW - International criminal law

KW - Legal analysis

KW - Legal interpretation

KW - Legal theory

UR - http://www.scopus.com/inward/record.url?scp=84907738555&partnerID=8YFLogxK

U2 - 10.1163/15718123-01405010

DO - 10.1163/15718123-01405010

M3 - Article

VL - 14

SP - 920

EP - 943

JO - International Criminal Law Review

JF - International Criminal Law Review

SN - 1567-536X

IS - 4-5

ER -