Judicial Misgivings Regarding the Application of International Law: An Analysis of the Attitudes of National Courts

"...Only by understanding the factors that hinder national courts from becoming the enforcement agencies of international law will it be possible to assess the real potential of national courts in the international arena and the means to realize it." "The first part of the article is an inquiry into the practice of national courts with respect to the application of international law. This comparative analysis demonstrates the existence of a similar pattern of behaviour in most jurisdictions. It provides the backdrop for assessing the reasons that prompt most national courts to adopt an apprehensive approach towards international norms, and the circumstances in which such an approach could be revised. In light of this general study, the second part of the article examines more closely the jurisprudence of the Israeli Supreme Court in this context. ..." [This article does not specifically address women's human rights law.]