Law 2101 Quiz: Monism Overview
Document Summary
Monism overview: there is no division between the international and domestic systems of law, the legal system as 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: international law is domestic law, for monists. Law prohibiting genocide, can"t torture individuals within their own territory, outside of their own country diplomats should have immunity: legal definition, customary international law has 2 elements: Evidence of opinio juris a sense on the part of states that this state practice is mandatory. A psychological feeling by states that the practice is obligatory, and that, if usage is departed from, some sort of sanction will or ought to. General and widespread nature of the practice; and.
