Abstract
Abstract The subject of the application of international law by national courts was central – arguably the most central – to the scholarly work of Benedetto Conforti. The defining feature of his views on this matter was the dialectical opposition between the poles of obedience and disobedience. In fact, Conforti called upon national courts to take up a dual role: key enforcers of international law, but also defenders of national fundamental values against international law. This paper reflects on the complexity of Conforti’s thought and on its relation with scholarship and case law. The analysis is articulated around the themes of the past, the present and the future: respectively, the roots of his ideas and their connection with previous scholars, his writings’ influence on judicial practice, and the legacy of his thought.
Published Version
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