The Reciprocal Influence of Domestic and International Law in the Jurisprudence of the International Court of Justice: A Case Study of Disputes Between Iran and the United States

Abstract

The relationship between domestic law and international law is considered one of the most fundamental theoretical and practical issues in contemporary international law. The expansion of international obligations of states and the increasing role of international judicial authorities, especially the International Court of Justice, have made it particularly important to examine the interaction of domestic and international rules. On the one hand, domestic courts play a fundamental role in implementing international obligations, and on the other hand, the International Court of Justice is forced to examine the domestic laws and regulations of states in many cases in order to establish their international responsibility. The present study uses a descriptive-analytical method to examine the mutual influence of domestic law and international law in the practice of the International Court of Justice and, focusing on the cases between the Islamic Republic of Iran and the United States of America, analyzes the position of domestic law in determining the jurisdiction of the Court, interpreting treaties, implementing international obligations, and resolving disputes. The findings of the study show that although international law has a superior position in the field of international responsibility of states, domestic law still plays a decisive role in the formation, interpretation and implementation of many international rules. The case law of the International Court of Justice also confirms that states cannot evade the implementation of their international obligations by citing domestic law.