When Can Courts Refuse Domestic Law Due to International Law Conflict?
A court may refuse to apply an inconsistent provision of domestic law due to its conflict with international law if the international law in question is considered to be superior to domestic law, and if the conflict cannot be reconciled through interpretation or other means. This may happen, for example, if a domestic law violates a treaty or convention that the country has ratified, or if it violates customary international law that is recognized as binding on all states. In such cases, the court may apply the international law instead of the domestic law, or may declare the domestic law to be invalid or inapplicable to the extent that it conflicts with the international law.
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