Law 3101A/B Study Guide - Quiz Guide: Basic Norm, Municipal Law, Monism
Document Summary
Interactions between legal orders: conceptualizing the relationship. Overlapping issues on which both inter and natio regulations are necessary (environment, trade, hr: the monism" v dualism" debate. Dualism: international legal order (ilo) and municipal legal order (mlo) operating independently from one another. Requirement of a positive evidence that a treaty obligation has been appropriately transformed, usually through judicial recognition or statutory incorporation into municipal law (recognize custo il though) Based on autonomy and distinct nature of mlo, in which state is sovereign and supreme. Neither legal order has power to create or modify any legal rule from the other. Il rule applying to municipal legal order only when accepted or tolerated by sovereign state. Municipal law determining how a conflict of rules can be resolved. Monism: direct application of il within mlos, without need for any transfo. Il incorporated directly into domestic law, usually by operation of the constitution, and requires no further enabling legislation, self-executing".
