Just because a national legal system contains rules which are designed to ensure the implementation of the State's obligation sunder international law does not mean that those obligations will be complied with. Those rules of national law need themselves to be observed. In particular,they need to be implemented in a manner that is consistent with the State's international obligations.

For this to occur, it is important that those who administer and apply the law - particularly, the judiciary - and those who give advice on the application of the law - typically, lawyers - are familiar with international law and know how to research, understand and work in that field.
 
Issue

Judges and lawyers at the national level frequently display a lack of familiarity with international law, together with a lack of facility in researching, interpreting and applying it. As a result,international law is often misapplied and is sometimes not applied at all.

It is, therefore, highly desirable that practising lawyers and judges receive training in international law, so that they know how to research and interpret international law when the occasion demands and so ensure that international law is properly applied.
 
Actions

The Secretariat, Programmes, Funds and Agencies might take steps to promote the better training of lawyers and judges in international law. In particular they should: 
Promote courses in international law which sitting judges and practising lawyers may take on a voluntary basis;

Advocate the adoption of a qualifying requirement for the judiciary and for practising lawyers that they have taken a course in international law during their professional training; and

In jurisdictions where there is a requirement that practitioners undertake continuing legal education, encourage recognition of courses in international law as fulfilling applicable requirements in that regard;
 

In pursuit of this objective, the Secretariat, Programmes, Funds and Agencies might enlist the assistance of international and national associations of lawyers who are active in the field of international law (8), encouraging them to: 
Organise panels at their conferences on the topic of the implementation of international law in national law;

Invite(from a provided list) key-note speakers from the Organization;
 

The Secretariat,Programmes, Funds and Agencies should take up opportunities to address international meetings of the judiciary whenever possible. Efforts should be made to identify further appropriate opportunities for contacting and addressing national judiciaries and professional lawyers associations;

In those cases in which the Organization is itself engaged in the training of the national judiciary, basic training in international law should be built into the programmes concerned;

 
Examples:

It is assumed that this is done in missions, such as MICIVIH, which run training programmes for lawyers and the judiciary in the rule of law, in UNDP programmes to promote access to justice and good governance and in OHCHR's technical assistance programmesand field operations.
 

The Secretariat should aim to make available to a State, upon its request, training for its national judiciary in the implementation of specific treaties or groups of treaties which have been, or are about to be, ratified by that State(9). 
Examples:

The briefings which are organized and run for judges and arbitrators by the International Trade Law Branch(ITLB) of OLA on the implementation of UNCITRAL texts which have been incorporated into national legislation.

The training programmes which UNHCR runs for members of national refugee commissions in the implementation of refugee conventions which have been incorporated into national law.

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