The Reception of International Law in Domestic Legal Orders PDF

The Reception of International Law in Domestic Legal Orders Dr. Barbara Sonczyk, 16 October 2024  Learning Outcomes Discuss how international law is ordinarily applied Examine the distinction between monism and dualism Consider the difference between the terms: -...

The Reception of International Law in Domestic Legal Orders Dr. Barbara Sonczyk, 16 October 2024  Learning Outcomes Discuss how international law is ordinarily applied Examine the distinction between monism and dualism Consider the difference between the terms: - ‘Enforcement of international law’ - ‘International dispute settlement’ Consider the difference between diplomatic and judicial methods of  International vs Domestic Legal Systems No central authority: horizontal structure States create rules through treaties/custom No global executive, legislative, or police force ICJ jurisdiction requires state consent  Compliance with International Law Article 26 VCLT: Treaties must be performed in good faith Article 27 VCLT: Domestic law can't justify treaty breaches Monism vs Dualism approaches to application  Monism Single legal system uniting international and domestic laws Supremacy of international law (e.g., Hans Kelsen's theory) No need to transform international law into domestic law  Dualism Separate legal systems for international and domestic laws International law must be incorporated into domestic law Example: Treaties must be enacted via legislation  Ensuring Compliance Enforcement mechanisms: - State responsibility, countermeasures, UN actions Dispute settlement methods: - Diplomatic: Negotiation, mediation, inquiry - Legal: Arbitration, ICJ rulings  Peaceful Settlement of Disputes Prohibition of force (ius cogens) Methods include: - Negotiation, mediation, conciliation - Arbitration, judicial settlement Based on consent (e.g., UN Charter Chapter VI)