Monism and dualism in international law pdf
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- Monism and dualism in international law
- India and international law: formal dualism, functional monism
- The application of international law in Nigeria and the façade of dualism
This is an issue with important technical ramifications, namely the relationship between international and domestic law, also known as the "systems report". It is not natural that the problem should arise, it must be understood that international law is not intended to be and is not self-sufficient. To put it simply, and to solve the problem by its fundamental aspect, international law is designed primarily to create common standards, so that we can agree on things in common, we must be able to create common standards. If States encounter particular problems they must be able to create legal certainty through customary practice; the production of norms is essential to international law.
Monism and dualism in international law
India has traditionally been described as a dualist country in relation to its engagement with international law. Formally at least, the allocation of the power of assumption of international obligations rests with the Executive, while its domestic implementation requires Parliamentary sanction. In this paper, I argue that while India remains formally committed to dualism, in practice it exhibits many monist tendencies. Once international law obligations are assumed, they are transported into domestic law through various channels, not all of which require Parliamentary approval. Further, the Indian judiciary also applies non-domesticated international law obligations in various ways that reflect shades of monism. This is a preview of subscription content, access via your institution.
India and international law: formal dualism, functional monism
Section 12 1 of the Amended Constitution of the Federal Republic of Nigeria the Constitution provides that no treaty shall have force of law in Nigeria unless it has been enacted into a law of the National Assembly. This provision has been interpreted by the Supreme Court and scholars, alike, to mean that treaties are only applicable in Nigeria if they are enacted into law by the National Assembly. This interpretation gives the impression that Nigeria is a dualist State. In this sense, the article maintains that the generalised position that undomesticated treaties are not applicable in Nigeria misses the point that treaties sometimes codify customary international law. The position also misses the point that treaty provisions may later become, or form part of, customary international law. In another vein, the article examines provisions of the constitution which, allow the operation of self-executing treaties in Nigeria.
Skip to main content. Domestic Interaction with International Law. Customary International Law Resources I. Principle of Legality IV. Sentencing V. Cases from Other Jurisdictions VI.
The terms monism and dualism are used to describe two different theories of the relationship between international law and national law. Many states, perhaps.
The application of international law in Nigeria and the façade of dualism
Veriana Josepha B. Countries in the world in the activity always in touch and relate with other countries. This causes the applicable national law a country will always be associated also with international law.
The terms monism and dualism are used to describe two different theories of the relationship between international law and national law. Many states, perhaps most, are partly monist and partly dualist in their actual application of international law in their national systems. Monists accept that the internal and international legal systems form a unity. Both national legal rules and international rules that a state has accepted, for example by way of a treaty, determine whether actions are legal or illegal.