In order to face the phenomenon of judicial globalization and the internationalization
of human rights and to bring the plurality of jurisdictional remedies back to a tendency
to unity, the jurisprudential scenario is characterized by the cooperation between
internal and supranational jurisdictions, in the forms of «dialogue between the
Courts». The use of coordination practices to prevent any hermeneutic antinomies
becomes central. Through the contamination of best practices, behavioral models,
registers of language, techniques of argumentation and style of decisions, they are
forming in the community of jurists, through authoritative «precedents», a European
nomofilachia and ius commune.
The essay also analyzes a case of failure of the «dialogue between the Courts» (the Italian
Supreme Court and Constitutional Court vs the International Court of Justice),
about limits to the functional immunity of the State for war crimes and against humanity.