Resolution of the Conflict Between International and National Law by Courts

The article discusses the problem of identification by courts of the conflict of international law and national law, its interpretation, the role of modern international law in the domestic legal system. The author substantiates the thesis about the manifestations of such a conflict at the level of action or application of law, with examples of practical approaches of higher courts. The paper proposes approaches to ensuring the effectiveness of international law in national law.

Authors

Publication Details

Journal
Russian judge
Published
2024-11-07
DOI
https://doi.org/10.18572/1812-3791-2024-12-44-48
Primary Topic
International Law and Human Rights
Type
article
Field-Weighted Citation Impact
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article

Resolution of the Conflict Between International and National Law by Courts

Andrey Yu. Klyuchnikov
Russian judge
International Law and Human Rights
article

Resolution of the Conflict Between International and National Law by Courts

Andrey Yu. Klyuchnikov
article en

Abstract

The article discusses the problem of identification by courts of the conflict of international law and national law, its interpretation, the role of modern international law in the domestic legal system. The author substantiates the thesis about the manifestations of such a conflict at the level of action or application of law, with examples of practical approaches of higher courts. The paper proposes approaches to ensuring the effectiveness of international law in national law.

Russian judge
Openalex Percentile: Top 54%
International Law and Human Rights
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Resolution of the Conflict Between International and National Law by Courts — Andrey Yu. Klyuchnikov · Russian judge (2024) | TGRS Research Map | TGRS