LCP4801 Assignment 2
(SOLUTION) Semester
2 (2022)
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QUESTION A
The differences between international law and domestic are quite pronounced
and well known in international legal scholarship. Yet despite these differences,
the two legal systems bear many similarities. These similarities and differences
have given birth to various schools of thought in international legal studies. In a
brief discussion, relying on authority, articulate these schools of thought, the
prevailing similarities and differences and how, if any, states have tried to bridge
those differences.
The theories of monism and dualism are used to explain the relationship between
international law and national law.
Monism
In this theory, all law is part of a universal legal order and regulates the conduct of the
individual State. The difference in the international sphere is that the consequences are
generally attributed to the State.
Since all law is part of the same legal order, international law is automatically
incorporated into the domestic legal order. Some monist theorists consider that
international law prevails over domestic law if they are in conflict; others, that conflicting
domestic law has some operation within the domestic legal system.
Dualism
This theory holds that international law and domestic law are separate bodies of law,
operating independently of each other. Under dualism, rules and principles of
international law cannot operate directly in domestic law, and must be transformed or
incorporated into domestic law before they can affect individual rights and obligations.
The main differences between international and domestic law are thought to be the
sources of law, its subjects, and subject matter. International law derives from the
collective will of States, its subjects are the States themselves, and its subject matter is
the relations between States. Domestic law derives from the will of the sovereign or the
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(SOLUTION) Semester
2 (2022)
, Stuvia.com - The study-notes marketplace
QUESTION A
The differences between international law and domestic are quite pronounced
and well known in international legal scholarship. Yet despite these differences,
the two legal systems bear many similarities. These similarities and differences
have given birth to various schools of thought in international legal studies. In a
brief discussion, relying on authority, articulate these schools of thought, the
prevailing similarities and differences and how, if any, states have tried to bridge
those differences.
The theories of monism and dualism are used to explain the relationship between
international law and national law.
Monism
In this theory, all law is part of a universal legal order and regulates the conduct of the
individual State. The difference in the international sphere is that the consequences are
generally attributed to the State.
Since all law is part of the same legal order, international law is automatically
incorporated into the domestic legal order. Some monist theorists consider that
international law prevails over domestic law if they are in conflict; others, that conflicting
domestic law has some operation within the domestic legal system.
Dualism
This theory holds that international law and domestic law are separate bodies of law,
operating independently of each other. Under dualism, rules and principles of
international law cannot operate directly in domestic law, and must be transformed or
incorporated into domestic law before they can affect individual rights and obligations.
The main differences between international and domestic law are thought to be the
sources of law, its subjects, and subject matter. International law derives from the
collective will of States, its subjects are the States themselves, and its subject matter is
the relations between States. Domestic law derives from the will of the sovereign or the
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Distribution of this document is illegal
