Public International Law Monism and Dualist Theory PDF

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IZZ FARZANExplain monism and dualist theories. (4 Marks)Monism is a single legal framework of international and national law, which means that, in terms of its implementation, there is no distinction between both laws. International and national law rules work in the same area and are concerned with...

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IZZ FARZAN

Explain monism and dualist theories. (4 Marks)

Monism is a single legal framework of international and national law, which means that, in terms of its implementation, there is no distinction between both laws. International and national law rules work in the same area and are concerned with the same subject matter. It is accepted to be part of the national legal framework, without the need to enact any domestic legislation. If there is any dispute arose within international or national law, international law shall prevail as it is considered as supreme law.

In dualistic theory, the implementation of international and national law is separated. It is entirely different from monism, since both rules were deemed not to serve in the same sphere of power by this theory. Both laws are autonomous in their own right. The relationship between states is regulated by international law, while national law regulates the rights and duties of nationals in the state. A domestic law must first be adopted to allow international law to be applied in that country, in order to enforce international law at the national level.

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