International and National Law Relationship

Choose a study mode

Play Quiz
Study Flashcards
Spaced Repetition
Chat to Lesson

Podcast

Play an AI-generated podcast conversation about this lesson
Download our mobile app to listen on the go
Get App

Questions and Answers

What is emphasized by the Alabama Case (1872) regarding international norms?

  • International laws can be modified by national legislation.
  • Treaty provisions can be ignored by states.
  • National laws are superior to international laws.
  • International norms have supremacy over national laws. (correct)

How do some national constitutions address conflicts between international law and national law?

  • They always prioritize national law.
  • They prohibit the implementation of international treaties.
  • They allow for national law to override all international obligations.
  • They recognize treaty primacy over national law. (correct)

What aspect of international law does the International Court of Justice affirm?

  • National legislation can alter the provisions of international law.
  • International law prevails over national laws. (correct)
  • National laws can override international treaties.
  • International law holds a subordinate position to national law.

What does article 96.1 of the Spanish Constitution indicate about international law?

<p>General international law and treaties have priority over Spanish laws. (A)</p> Signup and view all the answers

What does the Spanish Constitutional Court's approach aim to achieve?

<p>Promote an integrative interpretation to avoid conflicts. (C)</p> Signup and view all the answers

How does the Spanish law regard the enforcement of treaties?

<p>Treaties supersede ordinary national laws. (B)</p> Signup and view all the answers

Which constitutional trend is noted regarding the relationship between international and national law?

<p>Recognition of the primacy of international norms is increasing. (B)</p> Signup and view all the answers

What limitation does the Spanish Constitution place on the primacy of international norms?

<p>The Constitution itself holds absolute primacy. (D)</p> Signup and view all the answers

What is the principle of primacy in the context of international and national law?

<p>International obligations take precedence over national legislation. (C)</p> Signup and view all the answers

Which statement best describes the relationship between international law (IL) and national law (NL)?

<p>IL and NL are distinct but intertwined, influencing each other through overlaps. (B)</p> Signup and view all the answers

What mechanism allows for the downward referral from international to national law?

<p>International law becomes effective only after national laws have been created. (B)</p> Signup and view all the answers

Which of the following best describes self-executing norms in international law?

<p>They do not need further legislative or administrative action to be applied. (A)</p> Signup and view all the answers

What does the term 'function splitting' refer to in the context of IL and NL?

<p>The different responsibilities of states in applying IL and NL. (A)</p> Signup and view all the answers

What is a key challenge for national bodies when applying international law?

<p>There is often a lack of familiarity with international law among national bodies. (B)</p> Signup and view all the answers

In the upward referral process of law, what is the primary role of national rules?

<p>To provide context and meaning to international law. (D)</p> Signup and view all the answers

What are states obligated to do regarding contradictions between international law and national law?

<p>Ensure consistency and eliminate contradictions between the two. (A)</p> Signup and view all the answers

What is the primary concept of monism in relation to international law?

<p>International law is considered superior to national law. (B)</p> Signup and view all the answers

Which article of the Spanish Constitution explicitly relates to the integration of international treaties into national law?

<p>Article 96(1) (B)</p> Signup and view all the answers

What does dualism assert regarding international and national laws?

<p>International laws must be transposed into national laws for applicability. (D)</p> Signup and view all the answers

What must occur for an international treaty to be enforceable under Spanish law?

<p>It must be published in the BOE. (A)</p> Signup and view all the answers

What principle does the term 'pacta sunt servanda' refer to in the context of monism?

<p>Agreements must be respected and upheld. (C)</p> Signup and view all the answers

In the context of the integration of international law, what does the term 'mandatory incorporation' indicate?

<p>Countries must integrate international laws as specified by their constitutions. (A)</p> Signup and view all the answers

How do Spanish courts generally approach the application of international law?

<p>They typically recognize and apply international law with some exceptions. (A)</p> Signup and view all the answers

What is a notable characteristic of the Spanish Constitutional framework regarding international law?

<p>It allows for direct application of international laws. (D)</p> Signup and view all the answers

Flashcards

International Law Integration

The process where countries incorporate international rules into their national legal systems.

Monism

A legal theory that views international and national law as a unified system, with international law superior to national law.

Dualism

A legal theory that views international and national law as separate systems, requiring transformation of international law into national law.

Pacta Sunt Servanda

The principle that agreements must be kept.

Signup and view all the flashcards

Interpretative Application

Applying international law to national laws, often requiring a specific interpretation.

Signup and view all the flashcards

Substantive Application

Using international rules to determine the meaning of national rules.

Signup and view all the flashcards

Mandatory Incorporation

States' legal obligation to integrate international law into national law.

Signup and view all the flashcards

Spanish Constitution (1978)

The Spanish constitution, which adopts a monist approach, recognizing international law's validity within Spain.

Signup and view all the flashcards

Article 96(1) of Spanish Constitution

The Spanish legal article that equates general international law with treaties, defining how these become part of national law.

Signup and view all the flashcards

Conventional International Law

International law derived from treaties.

Signup and view all the flashcards

General International Law

International law not derived from treaties, but from general principles and customs.

Signup and view all the flashcards

International Law (IL)

Rules and principles governing the relationships between states and other international actors.

Signup and view all the flashcards

National Law (NL)

The laws governing a particular country or state.

Signup and view all the flashcards

Relationship between IL and NL

The interaction between international and national laws, showcasing overlaps and potential conflicts.

Signup and view all the flashcards

Functional Splitting

The division of responsibility between states for applying IL and NL.

Signup and view all the flashcards

Good Faith

The principle that states should honestly uphold their international obligations.

Signup and view all the flashcards

Consistency (IL & NL)

The aim to minimize contradictions between international and national laws.

Signup and view all the flashcards

Primacy of IL

International law takes precedence over national law when conflicts arise.

Signup and view all the flashcards

Self-executing norms

International legal rules requiring no further domestic action for application.

Signup and view all the flashcards

Downward Referral (IL to NL)

IL using NL systems for implementation and enforcement.

Signup and view all the flashcards

Upward Referral (NL to IL)

NL gaining meaning and recognition under IL.

Signup and view all the flashcards

Permissive Referral

Allowing states to regulate situations through their national laws.

Signup and view all the flashcards

Mandatory Referral

Requiring specific national legislative actions to implement international obligations.

Signup and view all the flashcards

Mutual Referral Processes

The process of interaction between national and international laws and referring back and forth to the other system

Signup and view all the flashcards

International Law Supremacy

International law generally takes precedence over national laws in cases of conflict.

Signup and view all the flashcards

Alabama Case (1872)

A landmark case that underscored the dominance of international norms over national laws.

Signup and view all the flashcards

National Law in International Law

National laws are considered facts and cannot override international treaties.

Signup and view all the flashcards

Treaty Primacy

Treaties, once ratified, take precedence over national laws in many jurisdictions.

Signup and view all the flashcards

German Constitution (1949)

An example of a constitution that prioritizes general international law.

Signup and view all the flashcards

Spanish Constitution (1978)

Spanish law recognizes international norms' precedence over national laws, excluding the Constitution itself.

Signup and view all the flashcards

Article 96.1 (Spain)

This Spanish article establishes the primacy of general international law and treaties over domestic Spanish laws.

Signup and view all the flashcards

Constitutional Court's Approach (Spain)

Spanish courts prefer an integrated interpretation to avoid conflicts between international and constitutional laws.

Signup and view all the flashcards

Article 95 (Spain)

This Spanish article dictates that treaties needing modification of the constitution require prior constitutional review.

Signup and view all the flashcards

International Responsibility

States can face international accountability for maintaining conflicting national laws.

Signup and view all the flashcards

Study Notes

International and National Law Relationship

  • International and national laws are distinct systems with different sources, aims, and application.
  • However, they interact and influence each other.
  • States act as intermediaries between international and national laws.
  • States create and enforce international rules, and are responsible for compliance.
  • Each state must create national rules and ensure implementation of international laws.
  • "Functional splitting" is the process where each state must reconcile international rules with national ones.

Fundamental Principles Between International and National Laws

  • Good Faith: States must uphold international agreements.
  • Consistency: States should avoid contradictions between international and national laws.
  • Primacy of International Law: International obligations take precedence over national ones.

Complex Issues in Application

  • Treaties are easier to apply than customary international laws.
  • National bodies may struggle to apply international laws, particularly those impacting core state functions like criminal law.
  • Only "self-executing" international norms can be directly applied nation-wide without specific legislation.

Referral Processes

From International to National Law ("Top-Down")

  • International norms use national law channels for application and enforcement.
  • Reference can be permissive (states shape application with national rules) or mandatory (states need specific national measures for implementation).

From National to International Law ("Bottom-Up")

  • Internal national rules can gain meaning through international law.
  • This can involve interpretative application, or national rules can refer to international ones.

Integration of International Law

  • Integration is the process where states incorporate international norms into their legal systems.
  • Constitutional provisions often govern incorporation procedures
  • Some systems prioritize international law over national law, while others are more dualistic.

Monism and Dualism

  • Monism: International and national law are unified systems. International norms can be directly enforced.
  • Dualism: International and national laws are separate systems. International norms must be transformed into national law.

Spanish Case Study

  • The Spanish constitution has a monistic approach, supporting integration of international laws into national law.
  • International treaties directly enter the Spanish legal system (must be officially published for implementation).
  • However, publication issues can affect application.
  • Spanish courts adhere to customary international law.

Conflicts Between International and National Law

  • Conflicts arise when international and national norms are incompatible.
  • A hierarchy or preference principle determines which norm prevails.
  • Different perspectives for analyzing these conflicts exist (national vs. international).
  • National constitutions often establish priorities in conflicts..

Studying That Suits You

Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

Quiz Team

Related Documents

Unit 4: Implementation of International Law in Domestic Law PDF

More Like This

Use Quizgecko on...
Browser
Open
Browser
Browser