Relationship Between International Law and Domestic Laws (Term Paper Sample)

INTERNATIONAL LAW
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ABSTRACT
This paper will examine the relationship that exist when dealing with the aspect of international law and domestic law.it will also look on the clash that surfaces between the dualism and monism. Despite the fact both concepts entail the concurrent existence of international and domestic law. It’s also important to assess on the nature of the co-habitation of this legal orders. The paper will also address on how international laws apply in most of the domestic legal system, this will be looked at basing on the dualist and monist interaction of the two legal traditions Systems. The paper will address on the influence which the international laws can have on the municipal law. This will be based first; on the rule of municipal law to become directly enforceable in the municipal jurisdiction. Secondly; is for the rule of international law to influence the way a particular municipal law can be interpreted. Beside the difference in the two aspects of the law. It will be noted later on how the domestic law may seem to be superior when compared to international law.
It’s important to note that law encompasses the body of rules s and standards which are mainly issued by the government in case of municipal affair and the international laws are mainly issues by the international court under the Roman statute or even mostly through signing of treaties among countries
Relationship between international law and domestic laws
At a very basic level, international law and domestic law differ in magnitude. Domestic law governs the behavior and actions of individuals within the United States, whereas international law governs the behavior and actions of bodies of government: states or countries. International law consists of treaties and customs. Legislature is a body of people who are able to make or enact laws. Treaties are formal agreements among and between countries. Customs are practices which are deemed normal for individuals or states however the relationship of the two can come up clearly under
CORDINATION OF THE TWO LAWS
When it comes to coordinating on how the two laws work. It’s important to consider the presumptions drawn by those who believe in the internal laws and those who believe in the external laws and try to narrow down the legal order in which they seem to share in the process of their common operation. It’s important to note that these two laws work under different platforms hence giving them an opportunity to have equal degrees of supremacy this a times has preclude them from coming into disagreements. When assessing on the relation which exist between the two it’s very important to note that any given state has got no obligation or reason to use the provision that it’s there in its own law to act as a defense that it can use to claim against it. For instances it cannot use for the alleged gap of the international policies. It’s very clearly evident where the US was being awarded on damages against Great Britain (charney 1993).
The two laws work hand in hand when it comes to their applicability on the ground they undergo the process of cooperation and mutual benefits Say like in the Greco –Bulgarian communities, in which it was stated that generally its accepted rule on the international law where in aspect to deal with powers between the two contradicting parties to any form of treaty. In this regard on the relationship of the two laws, it becomes obvious that the provisions of the domestic law cannot at any given time prevail over those of the treaty. This therefore means that the state has to change laws in order to fulfill its international obligation according to the stipulations on the international laws (Chayes 1997) .Then in scenario where international law cannot be applied then basically the domestic laws are applied. Therefore it’s very important to recognize the various concepts created the international law and has had for Avery time effects on the international relations. Due to modernization both the international and domestic courts have seen the need to resort to other spheres of operation as aids to interpretation of the two laws.
Application of the international law in the domestic system.
It important to note that in the event of some states failing to sign treaty of the particular international law then it means those international laws cannot be applied at that domestic level. This application of the law is viewed in two different dimensions the Monism and the dualism. Although the international law is not directly applicable domestically, it calls for the need for it to be translated first into national legislation before it can be applied in any national court. This means ratification of the ICC statutes isn’t sufficient (Simmons 2009). Hence for it to be applied it calls for the need to ensure the implementation of the legislation is advocated. In this it means; War crimes and trials on the applicability of the international law will only work when the national legislation is enacted. Following the implementation and enactment of the international criminal court act most of the domestic violence which includes genocide are addressed through the international court (knop 1999). This law can also be applied under the peace and justice initiative on ensuring the universal implementation of the ICC statute is attained
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