International Law in Domestic Orders

Study Notes

International law is applied in domestic legal orders through various mechanisms.
Key distinctions exist in how different legal systems handle international law: monism and dualism.
International legal systems lack a central enforcement authority, relying on state consent and cooperation.
States create international law through treaties and customs.
There's no global executive, legislative, or police force.
International Court of Justice (ICJ) jurisdiction requires state consent.

Understanding how ordinary international law is applied in domestic legal orders
Analyzing the difference between monism and dualism approaches to implementing international law domestically
Differentiating between "enforcement of international law" and "international dispute settlement"
Comparing diplomatic and judicial methods for settling disputes involving international law

Treaties must be executed in good faith (VCLT Article 26).
Domestic law cannot justify violations of treaty obligations (VCLT Article 27).
Monism and dualism are distinct approaches to incorporating international law into domestic legal systems.

International and domestic law operate as separate legal systems.
International law must be incorporated into domestic law before it is enforceable.
Treaties typically need to be enacted via domestic legislation.

Enforcement mechanisms include state responsibility, countermeasures, and UN actions.
Dispute settlement methods include diplomatic (negotiation, mediation, inquiry) and legal (arbitration, ICJ rulings) means.

The prohibition of force (ius cogens).
Dispute resolution methods including negotiation, mediation, conciliation, arbitration, and judicial settlement.
These methods are typically based on the consent of the states involved. Example: UN Charter Chapter VI.