Abstract

Although international judgments are formally binding only for the parties and for the particular case, judicial interpretation is critical to the development of international law. A creative role is inherent to the exercise of the judicial function also at the domestic level; however, this phenomenon is enhanced by the specific features of the international legal order, where the authoritativeness of “judge-made lawµ ultimately relies on the ability of international courts and tribunals to identify solutions that are acceptable to their constituencies.