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The Role of Domestic Courts in Effectuating International Law

Published online by Cambridge University Press:  21 July 2009

Henry G. Schermers
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Extract

In his article on the implementation of international law by the domestic courts in the United States, Richard Falk focuses on the possible role of domestic courts with respect to the acts of foreign policy which may be contrary to international law. In general that role is limited. This is the same in Europe. Falk mentions efforts of individuals, to change national foreign policy by means such as the Russell Tribunal, boycotts of products, blocking of tracks and the occupation of buildings. Such activities also happen in Europe but rather with the intention to attract public attention than with the purpose to litigate in court. In Europe it is generally accepted that courts should not take policy decisions of that kind.

Type
Articles
Information
Leiden Journal of International Law , Volume 3 , Issue 3: SPECIAL ISSUE 1990: THE UNITED NATIONS DECADE OF INTERNATIONAL LAW: Reflections on International Dispute Settlement , December 1990 , pp. 77 - 85
Copyright
Copyright © Foundation of the Leiden Journal of International Law 1990

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References

1 On both issues mentioned members of the Dutch Cabinet had to step down recently.

2 26/62, Van Gend & Loos, ECR 1963, 13.

3 See Stock taking. Supplement 1988, Council of Europe, Strasbourg 1989.

4 See European Court of Human Rights, Survey of Activities 1959–1989, at 37.

5 For a description of the position of domestic courts in Belgium, Denmark, France, Germany, Italy, the Netherlands, U.K. and U.S. A. See F. Jacobs and S. Roberts (eds.), The Effect of Treaties in Domestic Law (1987).

6 Art. 120.

7 Art. 94.

8 European Convention on Human Rights, respectively Arts. 3, 8 and 6.

9 See L.J. Brinkhorst and H.G. Schermers, Supplement to Judicial Remedies in the European Communities 174,175(1977).

10 Id. at 222.

11 1928 P.C.I.J. Rep. (Ser. B No. 15, at 17).

12 Van Gend & Loos, supra note 2, at 12.