The Relationship between International and National Law

0575071 - ÚSP 2024 CZ eng J - Článek v odborném periodiku
Mrázek, Josef
The Relationship between International and National Law.
Czech Yearbook of International Law. Roč. 14 (2023), s. 3-26. ISBN 978-80-904209-7-7. ISSN 1804-543X
Institucionální podpora: RVO:68378122
Klíčová slova: international and national law * monism * dualism * constitution * supremacy
Obor OECD: Law
Způsob publikování: Pouze metadata

There are two basic theories,with various modifications, on the relationship between international and national law. The first theory is called the ‘monist‘ and the second one the ‘dualist‘ (or pluralist). The first theory considers both intertnational and internal law as one legal systém or legal order. The dualist theory assumes that international and municipal law are two separate legal orders, which exist independently of each other. This article discusses how both opposing schools of ‘monism‘ and ‘dualism‘ do not correspond to actual State practice, taking into account the development and codification of public international law. The rigid monist-dualist controversy belongs to the actual practice of States. Lawmakers today pay less attention to theoretical legal problems and seek practical solutions to the tensions between international and internal law. There are various legal approaches taken by individual States towards international law in practice. States are obliged to bring international law in conformity with obligations from international law. States cannot invoke their internal law as a legal justification for not complying with their international obligations. International law does not contain any rules concerning implementation into any domestic legal order. This article centres on the practice of several countries, including the Czech Republic and Slovakia, some other members of the EU and other non-EU countries.
Trvalý link: https://hdl.handle.net/11104/0344918