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Unity In The Application Of International Law At The Global Level And The Responsibility Of Judges At The National Level: Reviewing Georges Scelle's ‘Role Splitting’ Theory

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Chapter Summary

In this chapter, the aim of unity in the interpretation and application of international law at the universal level would imply, from a purely logical perspective, the creation of a truly global judicial system. Ideally, this model would be set up in such a way as to guarantee at every level effective respect by States of their international obligations. Implementation of this model would be two-fold. First, such a global judicial system should primarily rely on a simplified and harmonised relationship between international law and national law, and this is precisely where the responsibility of the national judge could be shown to be of crucial importance. Second, the next step would be to coordinate the competence of international jurisdictions within the international legal system. The chapter focuses on the first of these two dimensions, namely the role of the national judge in the interpretation and application of international law.

Keywords: Georges Scelle; International Law; role splitting theory



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