Abstract and Keywords

This chapter examines the contribution of international adjudicative bodies to lawmaking. It first discusses how the practice of interpretation generates legal normativity. It considers the working of judicial precedents, whose normative force is carried by the expectation of participants in the legal discourse. It then turns to judicial lawmaking in specific fields of international law. The article concludes by looking into the legitimacy of international judicial lawmaking.

Keywords: international adjudicative bodies, lawmaking, legal normativity, judicial precedents, judicial lawmaking, international law, legitimacy

Armin von Bogdandy

Armin von Bogdandy is the Director of the Max Planck Institute for Comparative Public Law and International Law at Heidelberg University, and Professor at the Goethe-Universität in Frankfurt. He is President of the OECD Nuclear Energy Tribunal and a member of the Scientific Committee of the European Union Agency for Fundamental Rights (2008–2013).

Ingo Venzke

Ingo Venzke is a Senior Research Fellow and Lecturer at the University of Amsterdam. He was previously a Hauser Research Scholar at New York University and a Research Fellow at the Max-Planck-Institute in Heidelberg. He is the author of How Interpretation Makes International Law: On Semantic Change and Normative Twists (Oxford University Press 2012).

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