International and Municipal Law before the World Court: One or Two Legal Orders?
International and Municipal Law before the World Court: One or Two Legal Orders?
Author(s): Peter Tomka, Jessica Howley, Vincent-Joël ProulxSubject(s): Law, Constitution, Jurisprudence, International Law
Published by: Instytut Nauk Prawnych PAN
Keywords: International Court of Justice; Permanent Court of International Justice; international courts; international law; domestic law; monism; dualism; judicial interpretation; sources; evidence; ICJ; PCIJ
Summary/Abstract: This article provides an overview of the approach taken by the International Court of Justice and its predecessor, the Permanent Court of International Justice, to questions of municipal law. Beginning with an outline of the theoretical framework, it discusses the conventional position that domestic law is a factual issue for the Court, before considering the ways in which the two Courts have utilised municipal law. It also considers to what extent the Court employs domestic law in ascertaining international legal rules.
Journal: Polish Yearbook of International Law
- Issue Year: 2015
- Issue No: 35
- Page Range: 11-46
- Page Count: 35
- Language: English
- Content File-PDF