National and International Courts— Deference or Disdain.pdfVIP

National and International Courts— Deference or Disdain? * MÓNICA PINTO I. THE RELATIONSHIP BETWEEN INTERNATIONAL AND DOMESTIC LAW Far beyond the debates and controversies relating to the different statuses and origins of both international and domestic law rules, there is a long standing tradition in the international law arena whereby states exercise their sovereignty when they enter into an international agreement and when they feel bound by the same general practice accepted as law. International and domestic rules are integrated into the legal order of every given state. The hierarchy and the relationship amongst these rules are normally regulated by the state’s Constitution or other fundamental laws. In this context, there is a long standing practice according to which every state has the latitude to choose the means through which international law will become effective internally. In fact, what actually matters is that it be applied. As early as 1925, the Permanent Court of International Justice (PCIJ) recognized that there was “a principle which is self- evident, according to which a State which has contracted valid international obligations is bound to make in its legislation such modifications as may be necessary to secure the fulfillment of the * Professor of International Law and Human Rights Law, University of Buenos Aires Law School. These ideas took shape for the conference on “International Courts and Tribunals in the 21st Century: The Future of International Justice” convened by the Project on International Court