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Judicial Misgivings Regarding the Application of International Law: An Analysis of the Attitudes of National Courts. A Reply to Eyal Benvenisti

Judicial Misgivings Regarding the Application of International Law: An Analysis of the Attitudes... Judicial Misgivings Regarding the Application of International Law: An Analysis of the Attitudes of National Courts. A Reply to Eyal Benvenisti A.D. Enabulele" 1 Introduction The debate on the interaction between municipal law and international law has been an enduring one. 2 In contemporary times the debate has deepened with the concurrence of jurisdiction of both municipal law and internationallaw in several fields, which were traditionally solely regulated by municipal law. There are two aspects to the broad issue of interaction - the first is the relationship between municipal law and international law in the international sphere, or rather before international courts; the second is the relationship between both systems of law in the municipal realm or before municipal courts. As for the former, there is no controversy, as it is generally agreed that, 'from the standpoint of international law and of the court which is its organ, municipal laws are merely facts which express the will and constitute the activities of States ... .'3 It is also incontrovertible that a state cannot rely on its municipal law to escape its international obligati- 1· 2 LLM, BL, Lecturer, Department of Jurisprudence & International Law, Faculty of Law, University http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Tilburg Law Review Brill

Judicial Misgivings Regarding the Application of International Law: An Analysis of the Attitudes of National Courts. A Reply to Eyal Benvenisti

Tilburg Law Review , Volume 15 (1): 39 – Oct 31, 2010

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Publisher
Brill
Copyright
Copyright 2010 by Koninklijke Brill NV, Leiden, The Netherlands
ISSN
2211-0046
eISSN
2211-2596
DOI
10.1163/22112596-90000005
Publisher site
See Article on Publisher Site

Abstract

Judicial Misgivings Regarding the Application of International Law: An Analysis of the Attitudes of National Courts. A Reply to Eyal Benvenisti A.D. Enabulele" 1 Introduction The debate on the interaction between municipal law and international law has been an enduring one. 2 In contemporary times the debate has deepened with the concurrence of jurisdiction of both municipal law and internationallaw in several fields, which were traditionally solely regulated by municipal law. There are two aspects to the broad issue of interaction - the first is the relationship between municipal law and international law in the international sphere, or rather before international courts; the second is the relationship between both systems of law in the municipal realm or before municipal courts. As for the former, there is no controversy, as it is generally agreed that, 'from the standpoint of international law and of the court which is its organ, municipal laws are merely facts which express the will and constitute the activities of States ... .'3 It is also incontrovertible that a state cannot rely on its municipal law to escape its international obligati- 1· 2 LLM, BL, Lecturer, Department of Jurisprudence & International Law, Faculty of Law, University

Journal

Tilburg Law ReviewBrill

Published: Oct 31, 2010

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