خلاصة:
The international law system based on groundbreaking human-rights standards - which has amounted to a fundamental change in the international legal values from an outward view (state to state) to an inward view (state to nation) - has compelled all states to change their approach in domestic legal system. Moreover, to protect their identity as a civilized member of international community all states are anxious to coordinate domestic rules and regulations with progressive human-rights standards. National courts are among the main sources by which international legal standards can penetrate into national legal systems. In this paper, based on hypothesis that national judicial decisions have an evident impact on the settlement of national and international conflicts, it will be argued that by interpreting laws in line with international legal sources, national courts can strengthen human rights related standards. This role is compatible with two main theories namely, coordination and prioritization between national and international sources both of which lead to the convergence of national and international legal systems.
ملخص الجهاز:
National courts, as supervisors arising from the domestic legal system, are not only obliged to respect human rights as part of sovereignty, but also, in order to protect the country's interests and prevent any action that endangers national interests and the country's independence, they can, by benefiting from their judicial capabilities and observing general and special international law standards, promote the level of domestic justice and contribute to the convergence of the two national and international legal systems.
Judgment No. 98/00317 dated 1998/04/04 issued by Branch 13 of the Kermanshah Province Court of Appeal expressed this credibility as follows: “It is not possible to deny due process and the administration of justice, which is the highest goal of civilized societies and one of the basic and fundamental rights of citizens, and which, in international documents, including Article 10 of the Universal Declaration of Human Rights, considers access to an independent and impartial court as a human right… and has a superior position in the normative hierarchy compared to the law relating to the payment of court costs, provided that the court costs are paid in full to the government.
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