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The Role of National Courts in Applying International Humanitarian Law$
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Sharon Weill

Print publication date: 2014

Print ISBN-13: 9780199685424

Published to Oxford Scholarship Online: April 2014

DOI: 10.1093/acprof:oso/9780199685424.001.0001

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(p.179) 5 Conclusion
The Role of National Courts in Applying International Humanitarian Law

Sharon Weill

Oxford University Press

This concluding chapter examines the extent to which the functional roles of national courts are harmonized with the principles set by the rule of law. It first outlines the fundamental principles of the rule of law, i.e. their structural and functional aspects. It then turns to how the different roles identified in the previous chapters comply with the rule of law requirements. Finally, it provides some hypotheses on the factors that lead courts to choose any of the categories, and the necessary conditions for the optimal fulfilment of their role from the perspective the international rule of law.

Keywords:   national courts, rule of law, functional role, international law

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