المحاكم الوطنية ودورها في المشاركة بتطبيق القانون الدولي

Abstract EN

The increased interference of international law with national legal systems and the resulting role of national courts in the performance of their judicial function at the international level has increased to a dual role (national and international), through which it performs its primary function of dispute settlement, which in turn leads to law enforcement, whether national or international, and interpretation of the law in the course of its initial function, resulting in the development and restructuring of the law as well.

However, that would raise the problem that the exercise of the judicial function of national courts at the international level would lead to (fragmentation of international law), since the national courts of each State would apply international law in their own way, which was not in conformity with those of other States, and thus would be before the international law of each State.

We have come to the conclusion that there is no national legal system that fully adopts the unilateral or dual approach, and that it is the national legal system that sets out the specific role of national courts.

The importance of the participation of national courts in international law, whether by its application or development, They are of great importance, owing to the lack of a central application at the international level, The role of national courts is not limited to the application of international law but goes beyond its development.

That, in the exercise of its judicial function in the application of international law, it develops this law so that it can be applied in the form in which it shows the degree to which these courts understand international law.

In conclusion, the Republic of Iraq adopts the two-pronged and highly adjudicated approach to its national legal system, and its national courts apply only its national law