Domestic Law vs.
International Law
1. Domestic Law
o Definition: The body of law that governs activities within a specific country.
o Scope: Deals with the rights and obligations of individuals and entities within
the boundaries of a nation-state.
o Source: Derived from national legislation, judicial precedents, and local
customs.
o Enforcement: Enforced by the state through its legal institutions, such as
courts and law enforcement agencies.
2. International Law
o Definition: The set of rules and principles that govern relations between
sovereign states and other international actors, such as international
organizations.
o Scope: Regulates treaties, diplomatic relations, human rights, and issues of
global concern, such as environmental protection.
o Source: Derived from treaties, conventions, customary international law, and
general principles recognized by the international community.
o Enforcement: Relies on the voluntary compliance of states, international
organizations, or tribunals like the International Court of Justice (ICJ).
Monism and Dualism in the Context of Domestic and International Law
1. Monism
o Philosophy: International and domestic law are part of a unified legal system.
o Integration: International law automatically becomes part of domestic law
without requiring additional legislation.
o Implications: International obligations can be directly enforced in domestic
courts.
o Example: The Netherlands and France follow monist principles, where
treaties automatically have domestic effect.
2. Dualism
o Philosophy: International law and domestic law operate as two separate legal
systems.
o Integration: International law requires domestic legislation for its
incorporation into the national legal framework.
o Implications: Treaties and international obligations do not have direct effect
until enacted by the domestic legislature.
o Example: The United Kingdom and India follow dualist principles, where
international treaties need parliamentary approval to take effect domestically.
Key Differences Between Monism and Dualism
Aspect Monism Dualism
Relationship Unified legal system Separate legal systems
Adoption Automatic incorporation Requires legislative action
Domestic No effect unless domestically
Immediate enforceability
Effect implemented
Found in states with centralized Common in states with parliamentary
State Practice
legal systems sovereignty
Understanding these concepts is crucial for interpreting how states interact with international
law within their domestic legal frameworks.
