International Rule of Law and Domestic Courts: A Few Concerns

The manifestation of the international rule of law appears as one of the possible paths to check the rule of power and establish an egalitarian system. Many international organizations have emphasized on the international rule of law in their objectives and mandates and have called the states to act in their service. The domestic courts have resonated with the call by exhibiting internationalism in their decisions. The international norms have been domesticated by the courts by adopting several incorporation and interpretation methods. The domestic courts, therefore, have been called as the ‘agents’ in the service of international law and protectors of international rule of law. The contribution of domestic courts is opined to be valuable in the evolution and development of international law (vide Article 38 ICJ Statute). However international rule of law is argued by the Global South scholarship to be limited to the rules of international law rather than being democratic and egalitarian. The paper examines the internationalist approach adopted by the domestic courts in the light of the above argument. It also questions if the domestic courts give due consideration to the formative process and historical roots of international norms while incorporating them