As any good constitutional lawyer will know, and be more than happy to expound
on at length, the interaction between international law and national law is complex
and difficult. It is easy enough at an academic level, or before the courts, to invoke
international norms in national, domestic legal matters with little more than a
general or passing regard for their constitutional status. The focus falls naturally
upon their content, adding weight and advantage to press home a desired legal
result, and upon the impression of global, trans-jurisdictional comity on at least
that legal rule. But status and legal stature prove a somewhat more pressing
immediate issue when the time comes actually and concretely to apply them.
Countering the pressures of an internationalised world are the equal pressures of
maintaining domestic legitimacy and constitutional loyalty. Although the event
horizon for the courts may stretch to international distances, the practicable and
effective scope of sight would seem to remain limited to national boundaries, if
only because the courts are products of and representatives of such a nationaloriented
constitutional footing.
That constitutional tension serves as the impetus for this book. The central
question is to what extent judges respect and enforce the national doctrine of the
separation of powers in recognising and enforcing norms of international law. In a
more compact form perhaps, the issue is what limits the separation of powers sets
on the possibilities of national courts in various countries to interpret and apply
norms of public international law. This is framed against the background of the
‘‘globalisation’’ of law. The question is thus to be read within a broader perspective
of whether the state should be viewed as a solid, closed entity, or whether
globalisation breaks through the boundaries set by the separation of powers with
the result of a broader scope of powers for national courts in the field of the
interpretation of international norms.