UK LEGAL SYSTEM

UK Legal System

UK Legal System Dualist Approach To International Treaties & A Monist Approach To Customary International Law

Monism and dualism terms used to describe two different theories of relationship between international law and national legislation. Monistic assume that internal legal systems and international form the unit. National standards and international legal standards that the State has accepted, for example by means of the treaty, to determine whether actions are legal or illegal. In most tier states, the distinction between international law in form of treaties and other international standards, for example, jus cogens is done. International law does not necessarily translate into national legislation. act of ratification of international law, law immediately incorporated into national law. International law can be applied directly by national courts, and can be invoked directly by people, as if it were national legislation. THE judge may declare the national standard, if it is in contradiction with international standards, since in some states, latter take precedence. In other states, like Germany, treaties have same effect as law, and principle of lex posterior, just take precedence over national laws enacted prior to ratification. In its purest form, monism dictates that national law that contradicts international law is null and void, even before international law, even if it is constitution. From standpoint of human rights, for example, it has some advantages. Suppose the country has accepted the human rights treaty - International Covenant on Civil and Political Rights, for example - but some of their national laws restricting freedom of press. THE citizen of that country, which is being prosecuted by state for violation of this national law, can invoke human rights treaty in the national court can ask court to implement this Treaty and to decide that domestic law is not valid . He or she does not have to wait for national legislation to international law means. Your government may, after all, be negligent or even willing to translate. treaty was perhaps only accepted for political reasons, to please donor countries, for example.

According to Dixon, monistic theory assumes that international law and national legislation are just two components of the single body of knowledge called "law." 'Law' is seen as the single entity in which "national" versions "international" are just particular manifestations. In case of conflict between two systems, international law is said to prevail. In this view, international law is supposed to be supreme, but in case of conflict, there are several different explanations for why this should be so.

First explanation is represented by Mr. Hans Kelson (monist-positivist), who sees superiority of international law as the direct consequence of "fundamental rule" of any law. This basic rule (basic principle of all law gains its validity) is that " state should behave, as they usually have behaved." As the result of international law is the higher legal order and as such supreme, because it derives from practice of States and national legislation is derived from states as established in international ...