Lesson 18 Flashcards
Article 27 VCLT
cannot invoke internal legal regulations that do not comply with International obligations
Two major theories/models on the relationship between IL and internal systems:
1) Dualism
2) Monism
Who theorized Dualism?
Triepel and Anziolotti
What is Dualism?
Dualism considers that an international norm cannot be directly binding in the domestic legal system because the recipients of the norms are the States that have given the consent. It understands that IL and the internal legal system of states are two different and separate types of legal systems.
According to Dualism what do international norms need to do?
transform into internal norms by the legislation
Can international law be repealed or modified by internal law under dualism?
yes
Who theorized Monism?
Kelsen and Scelle
According to Monism what must domestic law do?
adopt International norms into domestic law immediately and automatically. monism understands the international legal system and internal legal systems of the states to forma a single system - a global legal system.
Under Monism when do international rules come into force internationally?
the moment it comes into form internationally - without the need of any specific act for its incarnation
Under Monism what is the hierarchy of norms?
1) international norms then
2) domestic norms
Do states usually subscribe to either dualism or monism?
No, many states mix the two
Principle of Good Faith Codified in 3 Ways?
(1) Art. 26 (VCLT)
(2) Art. 2 UN Charter
(3) Resolution 2625 (XXV) UN General Assembly 1970
What is the Principle of Primacy of IL?
every state, as a member of the international community, is obligated to respect international commitments = internal law cannot prevail over IL
What is the principle of non-invocability of internal law?
a State cannot invoke before another State its own constitution to undermine the obligations imposed by the International treaties in force or IL
