This lecture notes discusses the topic "Dualism in International Law". In a dualist legal system, international law stands apart from national law, and to have any effect on rights and obligations at the national level, international law must be domesticated through legislative process.
First of all, dualism is a philosophical doctrine which holds the belief that reality consists
of two irreducible entities.
Dualism is more pronounced in philosophy, particularly in metaphysics and
epistemology, than in many of the sciences. On the one hand, in metaphysics, dualism
refers to the position that reality is of two kinds, namely, material or physical reality,
and immaterial or spiritual reality. In epistemology, especially in philosophy of mind,
dualism contends that mind and body are basically distinct kinds of substances and,
therefore, exist independently from each other.
It is also important to note that dualism is distinguished from pluralism, a philosophical
doctrine which holds the belief that there are many kinds of substances in nature that
constitute reality, and from monism, a philosophical doctrine which holds the belief that
reality is one and is governed by a unified set of laws.
Dualism can be used in a variety of contexts, such as in psychology, political science,
philosophy, international relations, and international law. But the underlying principle
remains the same, that is, reality is consist of two irreducible elements or entities.
Now, the conventional wisdom in international law is that a state can accept and integrate
international law into the domestic system in one of two ways, namely, through a dualist
doctrine or monist doctrine. Let me briefly articulate the relevance of the principle of
dualism to international law.
In a dualist legal system, international law stands apart from national law, and to have
any effect on rights and obligations at the national level, international law must be
domesticated through legislative process. So, while a monist legal theory prioritizes the
desirability of a formal international legal order to establish the rule of law among
nations, a dualist legal theory prioritizes the notions of individual self-determination and
sovereignty at the state level.
Under a dualist model, therefore, there is a dichotomy between international legal
obligations that states as sovereigns agree to recognize in their foreign relations, and
domestic legal rules that are binding in internal relationships between the state and its
citizens or subjects. This means that an international law can only have binding legal
force at the domestic level if it is implemented at the national or local level. As we can
see, there is a complete separation between international law and state law. And from
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