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Public International Law before Spanish Domestic Courts

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Chapter Summary

Comparative international practice reveals that the conditions of application of Public International Law (PIL) by domestic or municipal authorities depend on the nature of each particular source. The international community is merely interested in the effective application of international rules, both in the field of external relations and in domestic affairs. The manner in which such application is conducted by municipal institutions is of no matter to international law (IL). As stated in Article 7 of the 1931 republican Spanish Constitution, ‘the Spanish State shall respect the universal norms of IL incorporating them into its positive (municipal) law’. In judicial litigation it is up to the parties to assert the existence of a specific international custom and to argue its content and exact meaning.

Keywords: International custom; international law (IL); municipal law; Public International Law; Spanish Constitution



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