Judges and Foreign Affairs: A Comment on the Institut de Droit International's Resolution on `The Activities of National Courts and the International Relations of their State'

V. Conclusion

The Resolution addresses a very complex issue. An effective network of national courts applying international law could contribute immensely to the enhancement of the law. It is time that judges be called upon to recognize their duty to implement international law. However, the invitation to judges to join in the process of international lawmaking should take into consideration the judges' sensitive position within the State apparatus. One should not expect judges to divorce themselves entirely from internal power struggles and public opinion.

It is extremely difficult to reduce this inherent conflict to a number of concise statements, as the Resolution sets out to do. Faced with this challenge, its drafter chose to emphasize the courts' duties rather than the difficulties they face. Yet the drafters were fully aware that these difficulties would continue to shape courts' decisions.

It is to be hoped that the call of the Institut will not be lost on litigants and courts. For the academics among us, the Resolution is a good opportunity to refine our positions on the perennial question of defining the proper role of national courts in the international legal system.

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