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

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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…
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The effect of domestic law in international courts and tribunals
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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
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