iCourts researchers contribute to new book on Max Sørensen – University of Copenhagen

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20 February 2013

iCourts researchers contribute to new book on Max Sørensen

On the 19th of February Max Sørensen, former professor at the University of Aarhus and judge at the ECJ and ECtHR, would have turned 100. To celebrate professor Sørensen’s many achievements as international lawyer, a Festschrift entitled Max Sørensen 100 år has just been published at DJØF.

See further at DJØF publishing

iCourts’ researchers Mikael Rask Madsen and Henrik Palmer Olsen have both contributed to this volume.

Mikael Rask Madsen explores the role of Max Sørensen in the formation of European human rights and particularly the key role played by Sørensen as a member of the European Human Rights Commission in the very first cases before the nascent European human rights system. It argues that Sørensen more than most other members of the Commission was key to the development of a diplomatically perceptive approach to European human rights law, a role he could play drawing on his combined experiences from academia and diplomacy.

In his article, Henrik Palmer Olsen examines the impact of the growing number of decisions from international courts and their impact on the direct application of international law in Danish courts.. Relying on the theoretical position of dualism, Danish legal theory has hitherto been mainly focusing on the need for legislative implementation of international law, leaving only a marginal role for courts to implement international legal obligations In his article Henrik Palmer Olsen argues that the growing number of decisions from international law transforms international law by making it more immediately judiciable and hence more amenable to direct application. As a consequence Danish courts will have an increased responbility to apply international law directly in order to avoid contravention of Denmarks legal obligations under international law.