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11 J. Int'l Disp. Settlement 1 (2020)

handle is hein.journals/jloildte11 and id is 1 raw text is: Journal of International Dispute Settlement, 2020, 11, 1-19 doi: 10.1093/jnlids/idz015 Advance Access Publication Date: 27 November 2019 Article The Asymmetric Judicial Dialogue Between the ICJ and the IACtHR: An Empirical Analysis Paula Wojcikiewicz Almeida* ABSTRACT This article evaluates the judicial dialogue between the International Court of Justice (ICJ) and the Inter-American Court of Human Rights (IACtHR). It aims to discuss, on the one hand, the use of the ICJ jurisprudence in the case law of the Inter- American Court and the use of the IACtHR jurisprudence in the case law of the ICJ, on the other hand. Being aware that the ICJ and the IACtHR are placed in different levels and possess structural differences, the judicial dialogue between these two courts is inevitably marked by asymmetries. The empirical analysis of the interaction between the ICJ and the IACtHR aims to identify the functions of the judicial dialogue, which encompass the general cross-fertilization function and the function of enhancing the persuasiveness, authority or legitimacy of individual judicial decisions. 1. INTRODUCTION This article evaluates the judicial dialogue between the International Court of Justice (ICJ) and the Inter-American Court of Human Rights (IACtHR). As a multifunc- tional actor, the ICJ is not solely competent in solving disputes among states, but also in stabilizing normative expectations and developing international law through adjudication.1 In order to fulfil its function, the ICJ tends to support its judicial decision-making process with extensive reference to its previous judgments and * Professor of International Law, Getulio Vargas Foundation Law School in Rio de Janeiro (since 2008). Email: paula.almeidaafgv.br. Jean Monnet Chair, sponsored by the European Commission at the Getulio Vargas Foundation Law School. Associate Researcher at the Institute of International and European Law at the Sorbonne (IREDIES). Nominated Brazilian member of the ILA Committee on the Procedure of International Courts and Tribunals. Chair of the Interest Group on 'International Courts and Tribunals' of the Latin American Society of International Law (LASIL). Member of the ESIL Interest Group on International Courts and Tribunals. Qualified as 'maitre des conferences' in Public Law (France, CNU). Doctorate with honors summa cum laude in International and European Law at the Universite Paris 1 Pantheon-Sorbonne. Masters of Law (Master II Recherche - former DEA) in Public International and European Law - Universite Paris XI, Faculte Jean Monnet. Post-doctoral visiting scholar at the Max Planck Institute for Comparative Public Law and International Law (2014) and visiting professor at the Ecole de droit de la Sorbonne - Universite Paris 1 Pantheon-Sorbonne (2019). 1 Armin von Bogdandy and Ingo Venzke, In Whose Name? A Public Law Theory of international Adjudication (OUP 2014) 15; Sir Hersh Lauterpacht, The Development of International Law by the International Court (Stevens & Sons Limited 1958); Antonio Augusto Can9ado Trindade, International Law for Humankind: Towards a New Jus Gentium (The Hague Academy of International Law Monographs Martinus Nijhoff 2010) © The Author(s) 2019. Published by Oxford University Press. All rights reserved. For permissions, please e-mail: journals.permissions@oup.com . 1

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