Chapter 4: International law and municipal law

A video tutorial from author Gleider Hernández introducing the topics in chapter 4 of International Law

Key points for reflection:

  • Interaction between different legal orders and consequences that arise from their conflict or interaction
  • Dualism and monism: different ways of structuring the relationship between domestic and international law
  • In civil law States, it often suffices for treaty ratification for international law to be enforceable within domestic law
  • Common law States have additional requirements, such as statutory incorporation or judicial recognition, for international law to be enforceable domestically
  • Municipal law is usually treated as a fact in international law; international courts will not usually challenge a domestic court’s interpretation of domestic law
  • Non-justiciability and act of State doctrines are additional principles to address the relationship between legal orders