Domestic Courtss Engagement with UN Human Rights Treaty Monitoring Bodies: A Thematic Report for the ILA Study Group on Principles on the Engagement of Domestic Courts with International Law

Abstract

This thematic report, prepared for the ILA Study Group on Principles on the Engagement of Domestic Courts with International Law (May 2011), supplements the trends and principles provided in the ILA Study Group’s Preliminary Report (2012). The report examines (I) how domestic courts engage with the findings of UN human rights treaty monitoring bodies; (II) on what basis; and (III) why some courts are more willing to engage with the findings while others are not. This report highlights the selective and partial accommodation of the international findings by domestic courts which thereby approve and contest the treaty bodies’ opinions and their legitimacy.