Book contents
- Frontmatter
- Contents
- Preface
- PART I International Court of Justice
- 1 Reflections on the Role of the International Court of Justice
- 2 Relations Between the International Court of Justice and the United Nations
- 3 Was the Capacity to Request an Advisory Opinion Wider in the Permanent Court of International Justice than it is in the International Court of Justice?
- 4 Authorizing the Secretary-General of the United Nations to Request Advisory Opinions of the International Court of Justice
- 5 Preliminary Rulings by the International Court of Justice at the Instance of National Courts
- 6 Chambers of the International Court of Justice Formed for Particular Cases
- 7 Three Cases of Fact-Finding by the International Court of Justice
- 8 Indirect Aggression in the International Court
- 9 Human Rights in the World Court
- PART II International Arbitration
- PART III United Nations
- PART IV International Contracts and Expropriation
- PART V Aggression under, Compliance with, and Development of International Law
- List of publications
- Index
5 - Preliminary Rulings by the International Court of Justice at the Instance of National Courts
Published online by Cambridge University Press: 06 November 2009
- Frontmatter
- Contents
- Preface
- PART I International Court of Justice
- 1 Reflections on the Role of the International Court of Justice
- 2 Relations Between the International Court of Justice and the United Nations
- 3 Was the Capacity to Request an Advisory Opinion Wider in the Permanent Court of International Justice than it is in the International Court of Justice?
- 4 Authorizing the Secretary-General of the United Nations to Request Advisory Opinions of the International Court of Justice
- 5 Preliminary Rulings by the International Court of Justice at the Instance of National Courts
- 6 Chambers of the International Court of Justice Formed for Particular Cases
- 7 Three Cases of Fact-Finding by the International Court of Justice
- 8 Indirect Aggression in the International Court
- 9 Human Rights in the World Court
- PART II International Arbitration
- PART III United Nations
- PART IV International Contracts and Expropriation
- PART V Aggression under, Compliance with, and Development of International Law
- List of publications
- Index
Summary
As long ago as 1929, Dr. H. Lauterpacht wrote:
One may consider the possibility of a development in which the highest national tribunals will prefer to ask competent international tribunals, preferably the Permanent Court of International Justice, sitting in its full strength, for an opinion on difficult or unsettled questions of international law which do not involve national interests. In a more integrated stage of international organization – which is still far off – this request for an opinion might assume the form of leave to appeal against the decision of the national court on a point of international law. It is not unusual for inferior municipal courts to invite an appeal from their own decision on questions of legal interest on which the opinion of the highest organs of the judiciary is felt to be desirable. However, a formal application, emanating from the highest judicial authorities of the country and addressed to the Permanent Court, for a ruling on any important question of international law pending before the municipal court would constitute a less radical step. Such a procedure, being a voluntary one in form and substance, would derogate neither from the sovereignty of States nor from the authority of their highest tribunals; it would testify that these tribunals regard themselves as the organs of the international community when administering international law, and it would give the Permanent Court, whose main work consists at present in interpreting treaty provisions, the opportunity of developing international law in much needed directions.
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- Justice in International LawSelected Writings, pp. 84 - 92Publisher: Cambridge University PressPrint publication year: 1994
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