International Law and Human Rights before Slovenian Courts

Pravnik, Ljubljana 2020, Vol. 75 (137), Nos. 11-12

The author refers to the increasingly frequent cases when the application and interpretation of international law is required before domestic courts, inclu- ding in the field of human rights implementation. In doing so, she briefly discusses the various possible ways of applying international law before do- mestic courts with the aim of providing horizontally (between courts of the same degree) and vertically (between higher and lower courts) harmonised interpretations, as both application and interpretation of international law by domestic courts contribute to respect for international law in each country and to international legal development and consistent enforcement at the global level. A brief critical-analytical summary of legal regulation and practice in Slovenia is presented, while the conclusions provide some concrete proposals on how the use of international law and human rights law in the Slovenian judicial system could be further strengthened, also in light of ensuring the rule of law at domestic and international level, which is not only in the interest of individuals, which is especially true in ensuring respect for fundamental human rights and freedoms, but also in the strategic interest of the state.

Keywords: international law, human rights, treaties, customary international law, general principles of law, domestic courts.

Spletno naročilo edicije: Številka 11-12/2020

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