The use of foreign precedents by Courts still remains a matter of great theoretical and practical importance. The doctrinal positions on the so- called “transjudicial communication” are divergent. Some authors criticise the phenomenon for introducing random and unjustifiable criteria of interpretation into a particular legal system while some others see it as an opportunity to enrich and legitimize the decision- making process at a jurisdictional level. We will explore those theoretical approaches in the specific context of the constant communication between the European Court of Human Rights and the Inter- American Court of Human Rights.
Contact: Kim Conant