How can we interpret the impact of international legal precedents on local courts' decision-making processes? This question has been asked since the time when countries started to interact internationally for trade purposes, which resulted in new types of interactions that were later incorporated into laws. In this context, the concept of international law emerged and was developed, resulting in different mechanisms, such as treaties and agreements between nations, that regulate their relations and activities.
It is important to highlight that there are no common procedures or rules for all nations to be followed; each country has its own legal system and constitutional organization. Thus, decisions made at an international level may influence but do not determine judicial practices at the domestic level. This essay will analyze how international legal precedents can affect local court decisions through three examples.
One example relates to a case involving a company operating in Brazil that committed several environmental crimes. The case went to court, and the judge ruled against the company based on international legal precedents set by various organizations, including the International Criminal Court (ICC) and UN Environment Programme (UNEP). These precedents set guidelines about the responsibility of companies towards the environment, which influenced the judge's final decision. Another example refers to a dispute between two countries regarding land borders. The Supreme Court of the United States took into consideration the opinion of the World Court when making its decision, even though the US does not recognize the latter's authority.
A third example involves the use of torture during wartime. While the Geneva Convention prohibits the practice, some states continue to allow it under certain circumstances, impacting local courts' decision-making process on human rights issues.
We must consider that international legal precedents influence local court decisions through their interpretation and application. Courts should follow these precedents without losing sight of national laws and traditions. At the same time, they must strive to ensure a balance between both sets of norms to achieve just and fair rulings.
How do international legal precedents influence local court decisions?
While some courts may choose to follow international legal precedents when making their rulings, others may not due to several factors such as cultural differences and national laws. Additionally, local courts often consider their own jurisdictions' unique circumstances when deciding cases. This is because each country has its own laws and regulations that must be taken into account before determining how a case should be handled.