Lapteva, K.N. Role of state courts in application and development of international law: problems and solutions in judicial practice of the Russian Federation and foreign states (part 2, final)

Abstract: Lately it became fashionable to point out the growing role of national courts in application of the international law norms within the legal systems of particular states. How successful are the courts in attaining this goal? Do they prefer to stand aside from international issues, and keep to the familiar sources of national law? In other words, are the courts able to successfully pass the steeplechase, and facilitate application and development of “living” international law, or are they putting a brake on its development? What can be done to make the work of national courts more effective? This article by K.N. Lapteva, part 1 of which, is presented in this journal, is devoted to the study of judicial practice of the courts of a number of states, such as the USA, the UK, the British Commonwealth, the European state as well as Russian practice. The author studies existing problems and solutions found in practice.