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Questions and Answers
What is emphasized by the Alabama Case (1872) regarding international norms?
What is emphasized by the Alabama Case (1872) regarding international norms?
How do some national constitutions address conflicts between international law and national law?
How do some national constitutions address conflicts between international law and national law?
What aspect of international law does the International Court of Justice affirm?
What aspect of international law does the International Court of Justice affirm?
What does article 96.1 of the Spanish Constitution indicate about international law?
What does article 96.1 of the Spanish Constitution indicate about international law?
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What does the Spanish Constitutional Court's approach aim to achieve?
What does the Spanish Constitutional Court's approach aim to achieve?
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How does the Spanish law regard the enforcement of treaties?
How does the Spanish law regard the enforcement of treaties?
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Which constitutional trend is noted regarding the relationship between international and national law?
Which constitutional trend is noted regarding the relationship between international and national law?
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What limitation does the Spanish Constitution place on the primacy of international norms?
What limitation does the Spanish Constitution place on the primacy of international norms?
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What is the principle of primacy in the context of international and national law?
What is the principle of primacy in the context of international and national law?
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Which statement best describes the relationship between international law (IL) and national law (NL)?
Which statement best describes the relationship between international law (IL) and national law (NL)?
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What mechanism allows for the downward referral from international to national law?
What mechanism allows for the downward referral from international to national law?
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Which of the following best describes self-executing norms in international law?
Which of the following best describes self-executing norms in international law?
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What does the term 'function splitting' refer to in the context of IL and NL?
What does the term 'function splitting' refer to in the context of IL and NL?
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What is a key challenge for national bodies when applying international law?
What is a key challenge for national bodies when applying international law?
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In the upward referral process of law, what is the primary role of national rules?
In the upward referral process of law, what is the primary role of national rules?
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What are states obligated to do regarding contradictions between international law and national law?
What are states obligated to do regarding contradictions between international law and national law?
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What is the primary concept of monism in relation to international law?
What is the primary concept of monism in relation to international law?
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Which article of the Spanish Constitution explicitly relates to the integration of international treaties into national law?
Which article of the Spanish Constitution explicitly relates to the integration of international treaties into national law?
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What does dualism assert regarding international and national laws?
What does dualism assert regarding international and national laws?
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What must occur for an international treaty to be enforceable under Spanish law?
What must occur for an international treaty to be enforceable under Spanish law?
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What principle does the term 'pacta sunt servanda' refer to in the context of monism?
What principle does the term 'pacta sunt servanda' refer to in the context of monism?
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In the context of the integration of international law, what does the term 'mandatory incorporation' indicate?
In the context of the integration of international law, what does the term 'mandatory incorporation' indicate?
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How do Spanish courts generally approach the application of international law?
How do Spanish courts generally approach the application of international law?
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What is a notable characteristic of the Spanish Constitutional framework regarding international law?
What is a notable characteristic of the Spanish Constitutional framework regarding international law?
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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..
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Description
This quiz explores the relationship between international and national laws, highlighting their distinct systems and the way they interact. It delves into fundamental principles such as good faith and the primacy of international law, as well as the complexities of application between treaties and customary laws.
