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12 The Role of National Courts in the International Legal Process

From: Problems and Process: International Law and How We Use It

Rosalyn Higgins

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 11 December 2023

Customary international law — Judicial decisions — Dualism — Conflicts between — Immunity from jurisdiction, states — Act of state — Treaties, application
In the textbooks it is customary to find a chapter entitled ‘international law and national law’. In university courses on general international law, the lecture on international law and national law is invariably the very first of the year. I always give this lecture as the very last of the year, believing that it is quite unintelligible to students on their first day, and will remain so until they have covered the substantive ground that will give them their bearings in the debates on international and national law. At the heart of any chapter on international...
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