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12 - The Treason of the Clerks

Judicial Revolts against International Law1

from Part III - Battlegrounds

Published online by Cambridge University Press:  02 February 2023

Paul B. Stephan
Affiliation:
University of Virginia
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Summary

This chapter traces the revolt against international law by domestic courts. The Luxembourg Court of the European Union and the Supreme Court of the United States began this trend, but many courts around the world have joined in. A growing number of top-level courts in EU member states have rebelled against the Luxembourg Court. Russia’s Constitutional Court has taken the movement as far as it can go by wielding constitutional law in new and surprising ways as a way to excuse Russian noncompliance with its international obligations.

Type
Chapter
Information
The World Crisis and International Law
The Knowledge Economy and the Battle for the Future
, pp. 235 - 250
Publisher: Cambridge University Press
Print publication year: 2023

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  • The Treason of the Clerks
  • Paul B. Stephan, University of Virginia
  • Book: The World Crisis and International Law
  • Online publication: 02 February 2023
  • Chapter DOI: https://doi.org/10.1017/9781009321020.016
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  • The Treason of the Clerks
  • Paul B. Stephan, University of Virginia
  • Book: The World Crisis and International Law
  • Online publication: 02 February 2023
  • Chapter DOI: https://doi.org/10.1017/9781009321020.016
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • The Treason of the Clerks
  • Paul B. Stephan, University of Virginia
  • Book: The World Crisis and International Law
  • Online publication: 02 February 2023
  • Chapter DOI: https://doi.org/10.1017/9781009321020.016
Available formats
×