Relationship Between International Law and Domestic Law

Question 1

Monism

Answer 1

A theory under which international law forms a part of the same larger whole

Question 2

Dualism

Answer 2

International law and domestic law are two entities apart, and in essence should never meet

Question 3

What happens in the event of conflict between international obligations and national law?

Answer 3

The international rule prevails (Art 27 VCLT, Art 13 Declaration on Rights and Duties of States)

Question 4

The Serbian Loans and the Brazilian Loans 1929

Answer 4

The PCIJ explored the nature of its competence, while its main function was to decide disputes between States on the basis of international law, it also had jurisdiction to determine the existence of any fact which, if established, would constitute a breach of an international obligation, including questions of municipal law

Question 5

Nottebohm 1955

Answer 5

The ICJ had to determine if the grant of nationality by Liechtenstein produced international legal effects which must be recognised by Guatemala, held that the issue was not dependent of the legal system of Liechtenstein or the validity of naturalisation

Question 6

Exchange of Greek and Turkish Populations 1925

Answer 6

Self-evident that a State which had assumed valid international obligations bound to make such modifications in legislation as necessary to ensure their fulfilment

Question 7

Does a rule of customary international law prevail over conflicting national law?

Answer 7

Yes, it seems that all national legal systems accept customary international law as integral part of national law

Question 8

Buttes Gas and Oil v Hammer 1982

Answer 8

A classic example of court saying they are not competent to answer a question of IL

Question 9

Trendtex v Central Bank of Nigeria 1977 on DL and IL

Answer 9

IL incorporated into DL unless conflict with statute, thus DL can respond to changes in IL rather than bound by previous interpretation of IL