9 The Last Judgment: Legal Effects of the Decisions of International Courts and Arbitral Tribunals in the Proceedings of National Courts

Abstract

This chapter determines whether a national court is bound by and must apply an international judicial decision that addresses the State of which that court is a judicial organ. It commences with some general observations on the relation between international law and national law. The chapter analyses the legal effects of judgments and opinions of international courts and arbitral tribunals in national court proceedings. It draws some conclusion on the basis of the discerned trends in national court proceedings. International law does not contain any rules on the effect and status of international law in national legal orders, with the exception of rules that have been laid down in or can be derived from a treaty. Some international courts and arbitral tribunals have the power to render opinions. Keywords: arbitral tribunals; international courts; international judicial decision; international law; legal effects; national court; national legal orders