Law 2101 Lecture Notes - Lecture 20: Non-Interventionism, High-Altitude Pulmonary Edema, International Court
Document Summary
Monism: overview: there is no division between the international and domestic systems of law, the legal system is an organic whole, there is a continuum between the international and domestic levels. International law is automatically incorporated into domestic law without any need for domestic legislation. In other words, international law has direct legal effect within a domestic legal system and forms part of the domestic law of that state. International law is domestic law, for monist states. What if there is a clash between international law and domestic law: most monist systems have a rule: International law prevails: canada adopts a different approach from this traditional monist approach. Canada: monist approach for customary international law: for canada, customary international law automatically forms a part of canadian law, essentially, customary international law enters canadian domestic law directly, without the need for transformative legislation. General definition: unwritten law, binds all states and cannot be altered by any state.
