The Difference between International Law and National Law презентация

Содержание

1. The Difference between International Law and National Law
2. So, literally, “international law” is defined as
3. National law, which is often referred to
4. Structure 1. (Traditional) theories 2. International
5. Theories
6. Theories Monism (Kelsen) Nat. law and
7. Monism Dualism
8. According to Article 38 of the Statute of
9. Monism (Kelsen) • Nat. law and
10. Special international social relations governed by international law
11. The subject of international law Special
18. Sources of International Law
19. International agreements
20. International customs
22. Some resolutions of international organizations
23. General principles of law
24. Decisions of international courts
26. Unilateral statements by States

So, literally, “international law” is defined as “law between nations (States),” which stem from agreements, embodied in a treaty, or customs that is recognized by all nations. The definition of international

Слайд 1The Difference between International Law and National Law

Слайд 2So, literally, “international law” is defined as “law between nations (States),”

which stem from agreements, embodied in a treaty, or customs that is recognized by all nations.

The definition of international law centers on the word “inter,” which means “between,” as opposed to “intra,” which means “within.”

Слайд 3National law, which is often referred to as domestic law, are

those laws that exist “within” a particular nation (State).

Слайд 4Structure
1. (Traditional) theories
2. International law’s perspective on national law
3.

National law’s perspective on international law

Слайд 5Theories

Dualism and monism
• Capture some, but not all of multifaceted relationship between domestic and international law today
Dualism
• international and domestic legal order exist as two separated, distinct sets of legal orders
• Differences in: subjects, sources, content
• Requires ‘transformation’ of int. law into domestic law to make int. law binding on domestic authorities (incorporation) • States decide on modes of incorporation (how)
• National law has priority over int. law that has not been incorporated

Слайд 6Theories
Monism (Kelsen)
Nat. law and int. law as one unitary, coherent

system
Int. law at top of pyramid, (in)validating acts of domestic legal systems
In case of conflict, int. law prevails • No need for ‘transformation’ of int. law into domestic law
No strict distinction between subjects of nat. and int. law; role of individuals

Слайд 7 Monism

Dualism

Слайд 8According to Article 38 of the Statute of the International Court of

Justice, sources of international law, in order of precedence, are: .

international conventions (treaties);
(b) international custom, as evidence of a general practice accepted as law;
(c) the general principles of law recognized by civilized nations;
(d) judicial decision and the teachings of the most highly qualified publicists of the various nations.

Слайд 9Monism (Kelsen) • Nat. law and int. law as one unitary,

coherent system • Int. law at top of pyramid, (in)validating acts of domestic legal systems • In case of conflict, int. law prevails • No need for ‘transformation’ of int. law into domestic law • No strict distinction between subjects of nat. and int. law; role of individuals