Conversations among Courts

Abstract

This chapter examines the interactions between national and international courts. It begins by discussing the four roles that national courts can perform in relation to international adjudication: substitution, implementation, contestation, and normative development. It then distinguishes between the multiple functions exercised by international courts in relation to national courts. These include substitution, review, and normative development. It is argued that the interactions between international and national courts, like the interactions between international and national legal orders, may range from cooperative dialogue and willingness toward recognition and accommodation, to outright competition.