Law 2101 Lecture : international law2

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Class 2: the monist approach to integrating international law into domestic law. November 26,2013: dualism ( division between international and domestic law): questions to. 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. If domestic law is different from international law, then most monist systems have a rule in place: in the event of a conflict between the international and domestic laws, the international law prevails. domestic law. International law applied as: as you will see, canada adopts a different approach from this traditional monist approach. For canada, customary international law automatically forms a part of canadian law. In other words, customary international law enters canadian domestic law directly, without the need for transformative legislation.

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