Cookies Policy

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

Treaties in Domestic Civil Litigation: Jura Novit Curia?

No metrics data to plot.
The attempt to load metrics for this article has failed.
The attempt to plot a graph for these metrics has failed.
The full text of this article is not currently available.

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this article

+ Tax (if applicable)
Add to Favorites
You must be logged in to use this functionality

Many international treaties regulate relations between states and private individuals (vertical treaty rules) and transnational relations between private individuals (transnational treaty rules), and domestic civil litigation often plays an important role in the enforcement of such rules. The actual impact of treaty rules in domestic civil litigation depends inter alia on the procedural principles governing the judicial application of law. In the European legal tradition of civil law, these principles are often expressed by the Latin adages “jura novit curia” (the court knows the law) and “da mihi factum, dabo tibi jus” (give me the facts, I give you the law). This article analyses how such procedural principles affect the obligations of domestic courts to apply vertical and transnational treaty rules in civil litigation and how, at the same time, international law can influence these domestic procedural principles in ways which create a complex relationship between international law and domestic civil procedure law.

Affiliations: 1: Assistant Professor, Faculty of Law, Centre for Studies in Legal Culture, University of Copenhagen, Denmark


Full text loading...


Data & Media loading...

Article metrics loading...



Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Subscribe to ToC alert
  • Get permissions
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
    Nordic Journal of International Law — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation