Judicial invocation of international law

International law is increasingly becoming more relevant in domestic court proceedings. ¹ In fact, international law has a long history of influencing and forming the basis for decisions of national courts. On the other hand, domestic courts can also influence the development of international law in two important ways: first, domestic courts can confirm rules of international law through consistent application. Such a consistent application may help consolidate or stabilise international legal rules, and indicate their general acceptance. Second, domestic courts can offer new interpretations of international legal rules, extending or limiting their scope, or introducing exceptions. ² In engaging with international legal rules, domestic courts contribute to their further domestication that in turn can promote the implementation of international law, which traditionally has a weak enforcement mechanism. ³ Today, national courts regularly confront issues of international law as a result of the unprecedented increase in the activity of international organisations and human rights NGOs. This increasing use of international law in domestic courts across jurisdictions has been described as a case of “globalisation of judgments”. ⁴ Consequently, the scope of international law as a mechanism of regulating relations between states is ever expanding.