A comparative perspective on the role of national courts in enforcing international law

Today, international law is not confined to regulating the relations between the states and has recognized numerous rights for persons. Nevertheless, there are no effective enforcement mechanisms for these rights. Due to lack of central enforcement agencies, including executive, legislative and judiciary, international community has no centralized authority; thereby international law relies heavily on the actions of national agencies. A judiciary that is independent of the national Government and employs international standards is indeed a perfect forum to interpret, apply and develop international norms. The present article tries to examine practices and approaches of national courts towards the enforcement and development of international law.