Chapter

Nigeria

Babafemi Akinrinade

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/9780199694907.003.0018
Nigeria

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Nigeria's common law heritage informs her position on international law. It is a dualist system, albeit with some monist considerations, which uses the doctrine of incorporation in relation to customary international law. Arguably, the contours of the application of international law within the domestic legal system are still being worked out. The relationship between municipal law and international law is evolving and it is hoped that the relationship will be better developed as the most recent constitution goes through a period of amendments and revisions to reflect the reality of present day Nigeria. Provisions in the Constitution are presently inadequate and serve to inform a view of international law that is at odds with current international law, especially that perception that Nigeria's international agreements are invalid until domesticated by the National Assembly.

Keywords: Nigerian law; customary international law; international agreements; constitutional law; National Assembly

Chapter.  10742 words. 

Subjects: Public International Law

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