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The Relationship between International and National Law
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SYSNO ASEP 0575071 Document Type J - Journal Article R&D Document Type The record was not marked in the RIV Subsidiary J Ostatní články Title The Relationship between International and National Law Author(s) Mrázek, Josef (USP-I) ORCID Source Title Czech Yearbook of International Law - ISSN 1804-543X - ISBN 978-80-904209-7-7
Roč. 14 (2023), s. 3-26Number of pages 24 s. Publication form Print - P Language eng - English Country CZ - Czech Republic Keywords international and national law ; monism ; dualism ; constitution ; supremacy Subject RIV AG - Legal Sciences OECD category Law Method of publishing Metadata only Institutional support USP-I - RVO:68378122 Annotation 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. Workplace Institute of State and Law Contact Iveta Bůžková, iveta.buzkova@ilaw.cas.cz, Tel.: 221 990 714 Year of Publishing 2024
Number of the records: 1