Chapter

In Memoriam Oscar Schachter: 1915–2003

Rosalyn Higgins Dbe Qc

in Themes and Theories

Published in print August 2009 | ISBN: 9780198262350
Published online March 2012 | e-ISBN: 9780191682322 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198262350.003.0069
In Memoriam Oscar Schachter: 1915–2003

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Issues relating to the relationship between national courts and the International Court of Justice arise in two broad sets of circumstances. The first is the use that national courts make of judgments of the International Court of Justice (ICJ) on various points of international law; the second is the position in which a national court may find itself when the ICJ has delivered a judgment directed at the particular state of the national court concerned. It is obvious that the use national courts choose to make of judgments of the ICJ on points of international law depends in significant part upon the status of international law in the country concerned. The ICJ, being the principal judicial organ of the United Nations, is the first source to which it may be expected that a national court will turn if it is called upon to determine a matter of customary international law. The starting point of the relationship between international law and domestic law lies in the legal theories of dualism and monism.

Keywords: International Court of Justice; United Nations; national courts; judgments; international law; dualism; monism

Chapter.  2892 words. 

Subjects: Public International Law

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