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Johanis Leatemia
Faculty of Law, Pattimura University
Law, Crime, Criminology & Criminal Justice

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Reviewing the National Courts in Creating Orderly International Law and Community Johanis Leatemia
Hasanuddin Law Review VOLUME 3 ISSUE 2, AUGUST 2017
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (522.993 KB) | DOI: 10.20956/halrev.v3i2.1106

Abstract

Orderly international community and international law are determined by a national court. Essentially, the national court must be competent to maintain the balance between the national interest which based on the national sovereignty as well as the provisions of international law within the framework of peaceful coexistence. This article reviews the role of national courts in creating and developing the customary international law. As it turns out in practice, however, it has certain weaknesses, particularly in view of the accountability and legitimacy aspects of its establishment. This purpose could be achieved if national courts were able to maintain a balance between the national interest based on the sovereignty of State on the one hand and the provisions of international law on the other. The function of the national court was to maintain a balance between international law and national law.
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