SIIL NOTES (Linsangan) character of the rules of

both systems as flexible

CONCLUSIONS: instruments for dealing
with disputes and
 On the whole question of the relation regulating non
between national and international law contentious matters.
theoretical constructions have done
much to obscure realities. If one had to  International court may find it
choose between the theories considered necessary to apply rules of national la;
earlier in this chapter, then the views od BODIES such as:
Fitzmaurice and Rousseau might be o United States Foreign Claims
preferred as coming closer to the truth. Settlement commission – national
but may use international law on a
 Each system is supreme in its own field; large scale
neither has hegemony over the other.
 National Courts applies a rule of
 And yet any generalities offered can only international law because it is
provide a background to the complex appropriate. The question of
relations between the national and transformation depends on the national
international systems. law when a particular national system
have a practice before it is permitted to
 3 Factors operate: apply international law
o Organizational:
 To what extent are the
organs of states ready to
apply rules of
international law
internally and
externally?
 This seems to suggest a
pluralist vision-
regulates its relation with
other legal system
o Proving existence of rules:
 In case of difficulty
national courts usually
rely on advice from the
executive or existing
precedents, and the
result may not accord
with an objective
appreciation of the law.
o Courts:
 Concerned with the
question of which is the
appropriate system to
apply to particular issues
arising.
 The question of
appropriateness
emphasizes the
distinction between
organization, that is, the
character of the
jurisdiction as ‘national’
or ‘international’, and the