Abstract

Argentina’s historical attitude towards international law is epytomised by the diffidence of the National Supreme Court of Justice, that has adopted a mitigated monist approach, considering international treaties as part of domestic law as long as they abide by the Constitution. The 1994 constitutional reform, whilst reinforcing the status of international treaties, keeps in place the distinction between domestic and international law. While acknowledging that the two legal systems must coexist by striking a balance, domestic law must retain its constitutional primacy, thereby ensuring the protection of national values while complying with international commitments