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80 Tul. L. Rev. 257 (2005-2006)
The European Judge as Comparatist

handle is hein.journals/tulr80 and id is 277 raw text is: The European Judge as Comparatist Christos L. Rozakis I. SOME PRELIMINARY REMARKS ................................................... 257 II. THE EUROPEAN COURT OF HUMAN RIGHTS AND ITS INTERPRETATION TECHNIQUES .................................................... 260 III. THE BASIC CONCEPTS GOVERNING INTERPRETATION ................ 261 IV THE COURT'S SOURCES OF INSPIRATION ..................................... 268 A. The Dialogue ifith the European Legal Order ................. 270 B. The Dialogue with the InternatonalLegal Order ............ 274 C. The Dialogue with Foreign Jurswdictions .......................... 276 V CONCLUDING REMARKS .............................................................. 278 I. SOME PRELIMINARY REMARKS In their thorough and comprehensive study, Sir Basil Markesinis and Jrrg Fedtke (authors) scrutinise the role of national judges around the world when, in deciding certain cases in their dockets, they act as comparatists, resorting to foreign law and alien legal experiences.' The authors present in an exhaustive manner a wide spectrum of possible parameters of this multifaceted phenomenon, where judges open a dialogue with laws and legal practices developed outside their jurisdictional confines in their effort to draw inspiration from them and, as a consequence, to enrich, where appropriate, their administration of justice on the basis, inter alia, of principles and values that presumably have acquired ecumenical dimensions or reflect societal or other changes which their own legal system is also ripe to undergo. This phenomenon of interaction of national law with foreign law through the intermediary of judges is not, of course, a novel one seen * Professor of Public International Law, University of Athens; Vice-President, European Court of Human Rights; Associate Member, Institut de Droit international. The author wishes to thank Mr. Panayotis Voyatzis, Legal Secretary, European Court of Human Rights, for his assistance in collecting material for this Essay and his comments, and Mr. Nicholas Raveney for his linguistic corrections. This Article, appearing with Sir Basil Markesinis's substantially enlarged article, will be published in book form by Cavendish Press, England, under the title Judicial Recourse to Foreign Law: A New Source of Inspiration? It is scheduled to appear in the spring of 2006. 1. See Sir Basil Markesinis & J6rg Fedtke, The Judge as Comparatm4 80 TuL. L. REv. 11 (2005). 257

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