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The Administration of International Law in National Courts and the Legitimacy of International Law

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Increasingly, national courts find themselves called upon to determine matters where UN lex specialis; regional supranational law; customary international law and domestic law all appear relevant. Lower court judges may be challenged significantly because such matters often lie beyond their day-to-day practice of interpreting and applying national law to local legal issues. This article recommends that to ensure both justice and legitimacy of international law, national courts − especially lower courts, should a priori consider whether the matters before them would be best served by appointing an expert academician ‘friend of the court’ to illuminate the contested applicable international law.

Affiliations: 1: Professor of International Law, Brunel University London, UK

10.1163/15718123-01705004
/content/journals/10.1163/15718123-01705004
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/content/journals/10.1163/15718123-01705004
2017-10-15
2018-06-22

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