NTERPRET THE RELATION BETWEEN NATIONAL AND INTERNATIONAL LAW (Essay Sample)

The relation between National and International Law Student’s First Name, Middle Initial(s), Last Name Institutional Affiliation Course Number and Name Instructor’s Name and Title Assignment Due Date The relation between National and International Law Legal scholars consider the relationship between domestic and international law an issue of serious concern. Many argue that this association is not clearly defined or fully clarified. Debates about the relationship, therefore, still attract many conflicting views. Overall, domestic jurists seek to obtain the answer to the issue regarding the link between domestic law and international law in the national constitutional order. Conversely, international barristers always rely on the legitimate international order. Although similar principles govern domestic and international law, they are independent entities that exist in different spheres and regulate separate issues. Both national and international laws have developed and are underpinned by the fundamental ideologies of coordination and reconciliation between the two laws. Specifically, at the center of the conflict between national and international law is the issue of whether nations need to willingly confine their freedom of action in the interest of international security, communication, trade, and human rights. According to Kodra (2017), the same interests in coordination and cooperation that arise among individuals in national law and those that arise among states in international law are controlled by the same principles. Although the two forms of laws are applied in different jurisdictions, they are reinforced by similar principles. The major difference between national and international law, however, lies in the jurisdiction of the application of such laws. While international law controls external relations between two or more nations through signing agreements and treaties about aspects such as war and trade, domestic law applies within a nation's boundaries (Kodra, 2017). Consequently, national law is created in accordance with a single country’s constitution. On the contrary, international law offers a means to extensive international cooperation, for instance, the formation of the United Nations. While both laws are applied in their own jurisdictions without any disorder, the extent of such jurisdictions differs, with international law seeking to maintain international relations. In contrast, domestic laws safeguard the sovereignty and growth of nation-states. International law also differs from domestic law in that it operates mainly, though not exclusively, through consent. The reason is that there is no universally established and acceptable authority to enforce international law on sovereign states (Van Aaken & Simsek, 2021). Subsequently, countries can choose not to adhere to international law and to breach treaties. Even so, such violations, especially those of customary international law, may be met with discontentment by others, potentially attracting coercive action. Van Aaken & Simsek (2021) states that when a country violates international law, it risks suffering economic sanctions or diplomatic pressures. States that flout such law provisions may also...