Pirker: Interpreting Multi-Sourced Equivalent Norms: Judicial Borrowing in International Courts

Benedikt Pirker (Univ. of Fribourg - Law) has posted Interpreting Multi-Sourced Equivalent Norms: Judicial Borrowing in International Courts (in Multi-sourced Equivalent Norms in International Law, Tomer Broude & Yuval Shany eds., forthcoming). Here's the abstract:

The paper looks at the practice of judicial borrowing – the 'transplanting' of legal reasoning developed in one jurisdiction by another jurisdiction – and assess its relevance to the treatment of MSENs (using case studies from EFTA and MERCOSUR court decisions). It then discusses the policy implication of acts of judicial borrowing involving MSENs, cautioning against the challenge it offers to judicial independence and institutional legitimacy.