When Can Domestic Courts Favor International Law Over Conflicting National Law?

B、 When the international law is in conflict with a treaty ratified by the state

This option highlights a key principle: treaties, once ratified, often hold a higher legal standing than ordinary domestic laws. If a domestic law contradicts a treaty a state has formally agreed to, the court may prioritize the treaty's provisions.

Here's why:

• International obligations: Ratifying a treaty signifies a state's commitment to uphold its terms on the international stage. * Legal hierarchy: Many countries' legal systems place treaties above regular statutes in their hierarchy of laws.

It's important to note:

• Specifics vary: The exact relationship between international and domestic law differs between countries (e.g., monism vs. dualism).* Constitutional considerations: Some countries' constitutions may have provisions that address the interplay of international and domestic law. * Judicial interpretation: Ultimately, the courts play a crucial role in interpreting the application of both international and domestic laws in specific cases.