Chapter

Introduction

Dinah Shelton

in International Law and Domestic Legal Systems

Published in print September 2011 | ISBN: 9780199694907
Published online January 2012 | e-ISBN: 9780191731914 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199694907.003.0001
Introduction

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This introductory chapter first sets out the purpose of the book, which is to demonstrate how developments in international law have in turn influenced domestic legal systems, especially new constitutions and constitutional law. It then considers the debate over whether the international and domestic legal orders constitute a single system (monism) or whether each domestic legal system rests self-contained, separate from others and from the international system (dualism). It describes how the place of international law in the domestic legal system depends on the source of the international law in question: whether it is a treaty, customary international law, a general principle of law, or derives from the decision of an international organization. The chapter then discusses treaties and domestic legal systems, the use of international law to inform domestic law; and federal systems.

Keywords: international law; domestic legal systems; constitutions; constitutional law; treaties; domestic law; federal systems; monism; dualism

Chapter.  11696 words. 

Subjects: Public International Law

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