LAWS 3208 Midterm: Renata Watkin, LAWS 3208 International Trade Regulation Midterm Exam Review

• School: Carleton University
• Department: Law
• Course: LAWS 3208
• Professor: Renata Pimentel Watkin

Document Summary

Laws 3208a midterm exam review: describe the two theories on the relationship between domestic & int"l law. Canadian constitutional law affects the negotiation & implementation of int"l obligations. The two theories are the monistic and dualistic theories. The monistic school states that int"l law and domestic law are part of the same system. In a pure monist state, int"l law does not need to be translated into national law it is just incorporated and have effects automatically in national or domestic laws. The act of ratifying an int"l treaty immediately incorporates the law into national law; and customary int"l law is treated as part of national law as well. Int"l law can be directly applied by a national judge, and can be directly invoked by citizens, just as if it were national law. A judge can declare a national rule invalid if it contradicts int"l rules because, in some states, the latter have priority.