Law 2101 Lecture 21: The Monist Approach to Integrating International Law into Domestic Law

• School: Western University
• Department: Law
• Course: Law 2101
• Professor: Mysty Sybil Clapton

Document Summary

The monist approach to integrating international law into domestic. Dualism: review: under the strict rule set out in capital cities communications, international treaties exist in the international sphere, and can only enter the domestic sphere if they are transformed into domestic law. In baker, the scc found that canada had not transformed an article in the convention on the. Monism: overview: under the monist approach, 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 the state. For canada, customary international law automatically forms a part of canadian law.