International and Municipal Law Before the World Court: One or Two Legal Orders?

Polish Yearbook of International Law, Vol. 35 (2015), pp. 11-45

43 Pages Posted: 28 Aug 2017

See all articles by H.E. Peter Tomka

H.E. Peter Tomka

International Court of Justice

Jessica Howley

International Court of Justice

Vincent-Joël Proulx

National University of Singapore (NUS) - Faculty of Law

Date Written: July 31, 2016

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.

Keywords: International Court of Justice, Permanent Court of International Justice, international courts, international tribunals, international law, domestic law, monism, dualism, judicial interpretation, sources; evidence

JEL Classification: K33

Suggested Citation

Tomka, H.E. Peter and Howley, Jessica and Proulx, Vincent-Joël, International and Municipal Law Before the World Court: One or Two Legal Orders? (July 31, 2016). Polish Yearbook of International Law, Vol. 35 (2015), pp. 11-45 , Available at SSRN: https://ssrn.com/abstract=2811680

H.E. Peter Tomka (Contact Author)

International Court of Justice ( email )

Carnegieplein 2
The Hague, 2517 KJ
Netherlands

Jessica Howley

International Court of Justice ( email )

Carnegieplein 2
The Hague, 2517 KJ
Netherlands

Vincent-Joël Proulx

National University of Singapore (NUS) - Faculty of Law ( email )

469GBukit Timah Road
Eu Tong Sen Building
Singapore, 259776
Singapore
+65 6601 3979 (Phone)

HOME PAGE: http://law.nus.edu.sg/people/vincent-joel-proulx/

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