About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

19 Brit. Y.B. Int'l L. 67 (1938)

handle is hein.journals/byrint19 and id is 71 raw text is: THE INTERPRETATION AND APPLICATION OF
MUNICIPAL LAW BY THE PERMANENT COURT
OF INTERNATIONAL JUSTICE
By C. WILFRED JENKS
I. Introduction
IT is occasionally suggested that the functions of the Per-
manent Court of International Justice do not include the inter-
pretation or application of municipal law. The practice of the
Court does not support this view, and it is intended in the present
article: (1) to examine critically the extent to which the Court
has hitherto had occasion to interpret and apply municipal law;
(2) to suggest further classes of cases in which the Court may have
occasion to interpret or apply municipal law; (3) to review some
of the special problems which arise in connexion with the inter-
pretation and application of municipal law by the Court; and (4)
to consider whether it is desirable that the Statute or Rules of
Court should include any provisions relating to the consideration
of municipal law by the Court. This article is not concerned with
the development of international law by the Court on the basis
of municipal law analogies or with the consideration by the Court
of municipal decisions on points of international law. Its scope
is limited to the interpretation and application by the Permanent
Court of municipal law as the law which determines the existence
of rights or obligations, or the effect of transactions, upon which
the Court is called upon to adjudicate in the course of deciding
international disputes or to express an opinion in the exercise of
its advisory jurisdiction.
II. The Extent to which the Court has already interpreted and applied
Municipal Law
A. Cases in which the Court has interpreted or applied municipal law
1. Cases in which it is necessary for the Court to discuss
municipal law for the purpose of determining its compatibility with
an international engagement. It is generally admitted that the
determination of whether municipal laws are consistent with
international law is an essential part of the function of any in-
ternational court. Even an avowed critic of certain aspects of the
application of municipal law by the Court, such as Judge Anzilotti,

What Is HeinOnline?

HeinOnline is a subscription-based resource containing nearly 3,000 academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline with pricing starting as low as $29.95

Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most