1 - The Relationship between international and municipal law

Question 1

What is dualism?

Answer 1

International law and domestic law do not cross each other.

Question 2

Give an example of dualism?

Answer 2

Domestic law would deal with private contracts and individual crimes whereas international would state relations such as war and acquisition of territory.
Domestic law prevails in conflict.

Question 3

What is monism ?

Answer 3

The view that int law and domestic law need each other. Int Law allows states to exist and determines how acts of states are legally valid. Int law can set out principles but these are incomplete in the sense that they need domestic law to apply them.

Question 4

Is the UK dualist or monist.

Answer 4

Dualist, UK parliament needs to implement international law.

Question 5

What is states’ position on monism or dualism?

Answer 5

States choose whether they are dualist o rmonist. International law can not order states to be monist even though it’s more convenient - state sovereignty means choice remains with state.

Question 6

How is the EU an exception to states’ position on monism or dualism?

Answer 6

It’s an exception because EU law applies to all EU Member States.