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date: 18 January 2020

Abstract and Keywords

This chapter analyzes the invocation of constitutional norms and values to prevent the recognition of the effects of an international judgment in domestic law, against the background of the Italian Constitutional Court decision No. 238 of 2014. The chapter then explores more generally the significance and function of so-called “system closures” effectuated by judicial organs in domestic and international law. While less frequently resorted to by judicial organs than balancing or coordinating techniques in case of potential conflict between legal orders, system closures have become quite common. Although they perform important symbolic functions, domestic legal systems’ closures are detrimental to the role that domestic courts may play in implementing international law. This is why international adjudicators such as the International Court of Justice should give more consideration to the impact of their decisions on domestic legal orders.

Keywords: Italy, domestic incorporation of international law, constitutional values, system closures, balancing techniques

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