Dichotomy Between International Law And Domestic Law

977 words - 4 pages

The key question addressed is the dichotomy between domestic and international laws and the reasoning of these disparities. This essay will also elucidate reasons that realist standpoint on international law are valid.
Firstly, subjects of the law; generally the subjects of the international law are states which may hold and exercise rights while citizens are known as the subjects for the domestic law. Essentially, legal personality who has rights and duties under international law or national law should be taken into consideration. Paradigm has shifted such as Corporations and Non-governmental organizations (NGOs) are also seen as gaining legal personality or having influences on states’ ...view middle of the document...

In contrast, domestic government will have direct implication on the individuals should they do not oblige to the state’s regulations such as robbery, rape and assassination.

Law creation or sources of law and the ways of settling dispute are also important aspects. The processes of law making in international sphere are that treaties are agreed between states so that the parties are liable to adhere to the accepted terms and conditions or through customary laws implicitly. Thus, law creations can be said either centralised or decentralised. For instance, decision made by United Nations Security Council (UNSC) is based on decentralised Political reasoning unlike to International Court of Justice (ICJ) which is based on centralised legal reasoning. Another decentralised example is United Sates invasion on Iraq with no clear consent from UNSC. However, in the domestic law wise, parliament stands as supreme body to legalise rules and regulations, so do the courts and the constitutions in some occasions (Petersmann, 2012).
Relationship between international and nation law can be comprehended by the national sovereignty perspective which essentially is the freedom of states to choose its own destiny but sometimes will be constrained by international laws. If Australia were to restrict fruits imports, it might not be able to do so because it is bound by World Trade Organization (WTO) treaties. Other perspectives are by Monism and Dualism theories. Monism similar to Natural law asserted that since the international laws are universally acceptable, they are already unified into domestic ones and even prevails should conflicts occur. Dualism proposed that two laws are separable and independent. In order to have effect on domestic level, international laws are to be implemented through treaties or bilateral agreements. This was underpinned by Lord Steyn that it allows authorities to observe the domestic situations prior to entering into treaties (Coxon, 2013).
Realist perspectives on international law are that states are that states significant actor and rational within the international System which is anarchic. Cyclone in Myanmar is best illustration of this concept (Kapucu, 2011). In addition, material matters such as...

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