SOSC 1130 Lecture Notes - Pacta Sunt Servanda, Municipal Law, Monism
16 Oct 2013
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Document Summary
Municipal and international law are two different systems. It is not self-sufficient because there is no single government. It is a decentralized system with no government, no legislative body to enact laws for the rest of the states, and also no enforcement system. It needs states to provide the execution of rules. In that sense, international legal order is a particular legal order. There are two basic theories developed to explain the interplay between domestic and international systems of law: dualist, monist. Two founding fathers: h. triepel, d. anzilotti. The dualist approach believes that there are two separate legal systems that exist independently of each other. States in case of international: sources. Parliamentary statutes and judge made law for municipal: content. The functioning of the state and relations between individuals for municipal. Relations between sovereign states for international: consequence. Treaty is translated through the state legislature. There are two steps: a treaty is ratified.
