@inbook{215b6f92f7de4f86a26d3bb2011ca68c,
title = "Sources of International Law in Domestic Law: Relationship between International and Municipal Law Sources",
abstract = "This chapter maintains that as both municipal and international law use legal norms to regulate social relationships, a space for inter-systemic interaction between both legal spheres emerges. Municipal legal practice can have an {\textquoteleft}upstream{\textquoteright} impact on the formation of the content of the sources of international law, where these require proof of State practice and/or opinio juris for valid norms to be generated. Particularly, domestic court decisions can have a jurisgenerative effect on customary international law, where they become part of a transnational dialogue between domestic and international courts on questions of international law determination. Admittedly, this dialogical process is hamstrung by the particularities of domestic law and the hard-to-eradicate selection bias of international law-appliers. However, a more objective comparative international law process can be grounded, geared to effective problem-solving guided by the persuasiveness and quality of reasoning of municipal court decisions relevant to international law.",
keywords = "General principles of international law, Sources of international law, Recognition and enforcement",
author = "C.M.J. Ryngaert",
year = "2017",
doi = "10.1093/law/9780198745365.003.0053",
language = "English",
isbn = " 978–0–19–874536–5",
series = "Oxford Handbooks",
publisher = "Oxford University Press",
pages = "1137--1156",
editor = "Jean D'Aspremont and Samantha Besson and Knuchel, {S{\'e}vrine }",
booktitle = "The Oxford Handbook on The Sources of International Law",
edition = "1",
}