Hierarchy between Domestic and International Tribunals: Utopia or Near Future?

Abstract

The establishment of a formal hierarchy between domestic and international tribunals has traditionally been a “taboo” for international legal scholars and operators of the domestic and international legal systems. However, it is possible and desirable to envisage hierarchy between domestic and international tribunals. Hierarchy is a strong mechanism that permits the efficient enforcement of judicial decisions and the avoidance of all types of conflicts between the judicial organs operating within a legal order. It also fosters the uniformity and predictability in the application and interpretation of the same body of legal rules by many different tribunals. Finally, hierarchy is a strong incentive for the observance of equality before the law of the actors in judicial proceedings. Both domestic and international tribunals have already used hierarchical tools when faced with the regulation of their relationships. Consequently, it appears that the establishment of a hierarchy between * Researcher from the Instituto de Investigaciones Jurídicas and teacher of Derecho Internacional Público y Privado at the Facultad de Derecho of the Universidad Nacional Autónoma de México (unam). Graduate and specialist in European Union Law and International Law and Economics at Sorbonne Law School, Paris I. Master in and Doctor of Derecho Internacional at unam. Email: virginia.geor@derecho.unam.mx To cite this article: Petrova Georgieva, Virdzhiniya. “Hierarchy between Domestic and International Tribunals: Utopia or Near Future?” Anuario Colombiano de Derecho Internacional (acdi), 14 (2021): 173-223. https://doi.org/10.12804/revistas.urosario.edu.co/acdi/a.8013