Nobody downloaded yet

The effect of domestic law in international courts and tribunals - Essay Example

Comments (0) Cite this document
This research is being carried out to discuss making reference to the Corfu Channel Case. The researcher will also attempt to analyze the effect of domestic law in international courts and tribunals with reference to International jurisprudence…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER95.5% of users find it useful
The effect of domestic law in international courts and tribunals
Read TextPreview

Extract of sample "The effect of domestic law in international courts and tribunals"

Download file to see previous pages The paper tells that the international court is to apply “judicial decisions and teachings of the most highly qualified publicists of the various nations, as subsidiary means for the determination of rules of law”. The development of law with regards to the consultation with domestic law is ambiguous and an extent cannot be declared as such. However various pleadings brought before the ICJ are replete with myriad references to legal literature and case laws. In this regards it is noteworthy that the proceedings of international courts and tribunals are often replete with judicial decisions as well as juristic writings. These are discussed below in greater detail as per their influence on the proceedings of international courts and tribunals. During the proceedings of international courts and tribunals, the decisions of international courts and municipal courts as well as publications of academics can be referred to. These references are not as sources of law but rather as means to recognise various laws established through other sources. The actual practice of the ICJ is not to refer to domestic decisions but even then the ICJ does invoke its own previous case laws. International law does not recognise the rule of stare decisis. The decision of any international court or tribunal has no binding force of any kind except that recognised by the contesting parties. Such recognition is only valid for the particular case under consideration as per Article 59 of the statute of the ICJ. ...
teachings of the most highly qualified publicists of the various nations” serve as beacons for “subsidiary means for the determination of the rules of law”. Although the works of various prominent jurists are not considered as source of international law but they are considered indispensable to developing rules that are sourced from custom, treaties as well as general principles of law even those derived from the decisions of domestic courts. Such principles are accepted practice for the interpretation of international law in various cases. One such case that was utilised by an international court was the decision by the United States Supreme Court in the Paquete Habana case (175 US (1900) 677 at 700-1). 2. Conclusion Conclusively it can be said that the decisions of domestic courts are considered by international courts and tribunals but this practice is limited when compared to other sources of international law. The varying legal principles in use by different nations restrict the use of decisions made by domestic courts in international law. “Does the Court need to consider in order for a rule to be established as customary, if there must be absolute conformity and practice with the rule or is it enough that there is a general consistency”. Do you agree with this statement? 1. Introduction When international law is considered it must be kept in mind that rules can be established as customary even if there is only general consistency with the rule and not absolute conformity. It must also be noted that absolute conformity is not possible when considering international law because states hold their interests supreme. Moreover nations cannot be forced to accept decisions taken under international law and instead international law is practiced through wilful ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
(“The effect of domestic law in international courts and tribunals Essay”, n.d.)
Retrieved from
(The Effect of Domestic Law in International Courts and Tribunals Essay)
“The Effect of Domestic Law in International Courts and Tribunals Essay”, n.d.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF The effect of domestic law in international courts and tribunals


...?COURTS Task: Courts Introduction A court is a governmental body, in the form of a tribunal that possesses the man to host, officiates, arbitrates legal clashes between different parties concerned, and in accordance with the law of the land, carries out adept administration of law, justice and order in the solution of social, criminal and governmental issues. Courts are universally responsible for dispute resolution when a complainant remits accusation or charges on the other party. Both parties possess equal rights in a way that the accused should be allowed to shield themselves from the charges, since the accusation may...
10 Pages(2500 words)Research Paper

Commercial law: domestic sales agent has breached their fiduciary duties to other people involved, the case of Rossetti Marketing Ltd v Diamond Sofa Co Ltd54 shows that the court of appeal can also used the principles of informed consent in determining whether or not a purchasing contractor or a real estate agent is guilty of breaching their fiduciary duties to other parties involved in a business transaction. References C Bamford, Principles of International Financial Law. (Oxford University Press 2011). S Christensen & W Duncan (2004). Professional Liability and Property Transactions. (The Federation Press 2004). D Frase, R Helm, & M Day, Practitioner's Guide to Conflicts of Interest in the Financial Services...
12 Pages(3000 words)Essay

Domestic and international banking

...banking, cross border banking and accounts for a fifth of global international lending; with banks in London handling a third of the global foreign exchange business. Facts about United Kingdom’s Banking Sector Banks and financial services provide over 1m jobs Banks and financial services contribute ?70bn to the UK’s national output (6.8% of GDP) Banks and financial services provide 25% of total corporation tax (?8bn) to the UK Government The main retail banks provide over 125m accounts, clear 7bn transactions a year and facilitate 2.3bn cash withdrawals per year from its network of over 30,000 free ATMs  Banks provide cost-effective banking services to 95% of the UK’s population Five UK banks are in the...
10 Pages(2500 words)Essay

The Relationship between the International Court of Justice and other International and Regional Courts and Tribunals

...discuss any conflicts between these courts, and the challenges and issues which are seen with the emergence of these multiple courts. An evaluation of what this relationship should be will also be discussed. Body Hybrid domestic-international tribunals International courts also operate within the context of hybrid domestic-international tribunals which provide another approach to transitional justice, where societies consider accountability for mass atrocities1. These hybrid courts blend both international and domestic...
20 Pages(5000 words)Essay

Law Assignment on Tribunals

...shared resources. Lastly, non-compliance by member countries, non-membership by important countries and a lack of sufficient power to impose resolutions are demerits of tribunals. Introduction Tribunals have gained prominence in the contemporary world ever since the Nuremberg trials for war crimes following World War II. According to Posner and Yoo (2004), a tribunal is a panel of individuals given the responsibility of resolving a dispute between or among states based on international law. Tribunals offer third party dispute resolution or international adjudication, and have different levels on a dependency continuum...
7 Pages(1750 words)Assignment

UAE Courts and Law

... UAE Courts and Law Introduction The constitution of UAE is based on rule of law, equality, liberty, freedom of religion and speech, freedom of communication, freedom of association and council, freedom of movement and freedom to be elected for an office without any discrimination within the limitations of UAE. The judiciary of UAE is constitutionally independent that also includes the Federal Supreme Court. Ras- al Khaimah and Dubai are not the part of the Federal judiciary of UAE. There is a separate Islamic and Secular law for the criminal court, high court and civil courts. The court system of UAE comprises of civil and Sharia Courts. The testimony of a woman is considered half valuable as that of a man in criminal cases... . There is an...
7 Pages(1750 words)Assignment

International Courts and Tribunals

...Running Head: International Courts and Tribunals International Courts and Tribunals [Institute's International Courts and Tribunals: Are international courts and tribunals ever effective when they dealing with human rights "The fundamental rights of [humanity] are, first: the right of habitation; second, the right to move freely; third, the right to the soil and subsoil, and to the use of it; fourth, the right of freedom of labor and of exchange; fifth, the right to justice; sixth, the right to live within a natural...
8 Pages(2000 words)Essay

Employment Tribunals

...Tribunals accommodate legal disputes and matters concerning employment. These include unfair dismissal, redundancy, payments, discrimination as well as claims relating to wages and dismissal among others. Employment Tribunals are like courts, but it is not as formal. Correspondingly, it acts independently. Claims are usually initiated by employees or trade unions. Cases are usually heard by a panel of three persons which include legally qualified chairperson and two lay members who use their employment experiences in judging the facts of the case. Employment Tribunals in the recent years are accessible to an aggrieved employee so as to address the latter's grievances...
5 Pages(1250 words)Essay


...of the Constitution. Generally, this power of judicial review is meant for the Courts to oversee the legislative or executive functions. However, the Court is able to exercise the power to uphold or deny the congressional and executive actions in passing upon the issue of constitutionality. Thus, judicial review can, in effect, nullify the acts of the other branches of the government. This should not be taken that the Supreme Court overpowers the other two branches. Instead, this authority must be understood in the light of the need to uphold the Constitution at all times. After all, in a country where rule of law is observed, the Constitution must be...
5 Pages(1250 words)Essay


...Courts: Book Review Courts: Book Review The book “The introduction to American legal system” offers a detailed and comprehensive description of the complex American legal framework. The book vividly describes the prosecutor, defence attorney and judge’s legal presentations before the American judicial system. The book consequently comments on the wrong doings of the American legal system in relation the civic knowledge as per the system to the overall American society. Additionally, this book provides liberal and legal minds based comments on the public’s criticism and explains why a particular procedure or law is necessary in order to protect individual’s constitutional rights. Utterly,...
4 Pages(1000 words)Book Report/Review
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic The effect of domestic law in international courts and tribunals for FREE!

Contact Us