Chapter

The Changing Position of Domestic Courts in the International Legal Order Speech Given at the First International Law in Domestic Courts Colloquium 27 March 2008

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/9780198262350.003.0106
The Changing Position of Domestic Courts in the International Legal Order Speech Given at the First International Law in Domestic Courts Colloquium 27 March 2008

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The potential for domestic courts to contribute to international law has long been recognised. One need only look at the Statute of the International Court of Justice — which is almost identical to the 1922 Statute of its predecessor, the Permanent Court of International Justice. Typically, when one state believes itself, or a high official, to be immune from the jurisdiction of the courts of another state, it challenges the purported exercise of that jurisdiction in the courts of the forum state. This has created a substantial body of national jurisprudence on this aspect of international law. We can fully acknowledge the longstanding role of national courts in the international legal order so far as the law of immunities is concerned. Another role domestic courts play in the international legal order is the receipt and handling of international judicial decisions. Domestic courts may also have to handle not only international judicial decisions but also the legal effect to be given to United Nations Security Council Resolutions.

Keywords: International Court of Justice; domestic courts; legal order; national courts; United Nations; international law; jurisdiction; immunity; judicial decisions

Chapter.  3598 words. 

Subjects: Public International Law

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