Domestic courts' reading of international norms: A semiotic analysis
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Domestic courts' reading of international norms : A semiotic analysis. / Fikfak, Veronika; Burnett, Benedict.
In: International Journal for the Semiotics of Law, Vol. 22, No. 4, 01.12.2009, p. 437-450.Research output: Contribution to journal › Journal article › Research › peer-review
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TY - JOUR
T1 - Domestic courts' reading of international norms
T2 - A semiotic analysis
AU - Fikfak, Veronika
AU - Burnett, Benedict
PY - 2009/12/1
Y1 - 2009/12/1
N2 - This article focuses on a number of cases in international law in which US domestic courts have produced judgments that conflict with those given by the International Court of Justice. The nature of these courts' judgments has been extremely closely tied to the interpretation given by the US national Executive to a certain international norm. This situation raises a number of questions, which can be broadly categorized into two spheres: the legal (regarding the overall legality of the courts' decisions) and the semiotic (regarding the manner in which a 'meaning' for the norm has been claimed by the courts). In this article we aim to provide answers to a number of these questions, both from the standpoint of international law and from that of a reader-response model of semiosis. We also analyse the level of interdependency that exists between the two spheres.
AB - This article focuses on a number of cases in international law in which US domestic courts have produced judgments that conflict with those given by the International Court of Justice. The nature of these courts' judgments has been extremely closely tied to the interpretation given by the US national Executive to a certain international norm. This situation raises a number of questions, which can be broadly categorized into two spheres: the legal (regarding the overall legality of the courts' decisions) and the semiotic (regarding the manner in which a 'meaning' for the norm has been claimed by the courts). In this article we aim to provide answers to a number of these questions, both from the standpoint of international law and from that of a reader-response model of semiosis. We also analyse the level of interdependency that exists between the two spheres.
KW - Domestic court
KW - International law
KW - Interpretative community
KW - Judicial independence
KW - Reader-response
UR - http://www.scopus.com/inward/record.url?scp=77952882347&partnerID=8YFLogxK
U2 - 10.1007/s11196-009-9125-5
DO - 10.1007/s11196-009-9125-5
M3 - Journal article
AN - SCOPUS:77952882347
VL - 22
SP - 437
EP - 450
JO - International Journal for the Semiotics of Law
JF - International Journal for the Semiotics of Law
SN - 0952-8059
IS - 4
ER -
ID: 229031100