Intl law in national courts

Intl law in national courts - International Law in National...

Info iconThis preview shows pages 1–2. Sign up to view the full content.

View Full Document Right Arrow Icon
International Law in National Courts How do rules of international law take effect in the internal law of states? Which rule prevails in the case of conflict? TWO MAIN THEORIES About Relationship between Intl Law and National/Municipal Law: 1) Monist - unitary perception of the "law" ; understands international law and municpal law as parts of one legal system. Intl law does not need to be translated into national law. -act of ratifying the intl law immediately incorporates the law into national law. 2) Dualist- assumes that intl law and municpal law are two seperate legal systems, which exist independent of each other on separate planes (prevailing approach) -Adherence to positivism and emphasis on sovereignty- requires the translation of intl law into national law. -State can become bound on intl plane, bud doesnt necessarily mean causes obligations on domestic plane. Common ground-- Alabama Principle -- international law supreme at level of relations between states. (Article 27 VCLT) -A state cannot rely upon its own domestic law as an excuse for noncompliance with intl obligations; states cannot invoke internal laws as justification for not complying with intl. There is a general duty for states to bring their domestic law into conformity with obligations under
Background image of page 1

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
Image of page 2
This is the end of the preview. Sign up to access the rest of the document.

This note was uploaded on 09/04/2010 for the course GOVT 380 taught by Professor Tannenwald,n during the Spring '07 term at Cornell.

Page1 / 2

Intl law in national courts - International Law in National...

This preview shows document pages 1 - 2. Sign up to view the full document.

View Full Document Right Arrow Icon
Ask a homework question - tutors are online