The simple fact that a juridical national system contains laws that aims to guarantee a state acquaintance of obligations that derive from the international law, does not necessarily mean that these obligations are to be applied by the concerned country.
The national law rules must be respected. Actually, they have to be applied in a way that is compatible with the State’s international obligations.
For that, it is important that those who apply the law, magistrates included, and those who give advices concerning the law’s application, like the jurists and the lawyers, must be full aware of the international law’s rules and subtleties. They are supposed to know how to do researches and work in that field and understand all of its principles.
Magistrates and lawyers who are used to the national law often suffer from a lack of knowledge in international law. They also lack the technicality that allows them to do proper researches, to interpret them, nor to apply them. As a result, the international law is being poorly applied, or even not applied at all. It is, the, very urgent and preferable that the concerned lawyers and judges receive the appropriate formation that will help them understand and learn how to study the international law when the circumstances require it, guaranteeing the law’s good application.
The secretariat, the programs, the funds and organisms could take different measures for a better lawyers’ and judges’ formation in international law like promoting the teaching procedure that the judicature and lawyers could optionally follow.
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