Exam (elaborations)
LCP4801 ASSIGNMENT 2 YEAR 2024 SEM 1 guide CALL
- Institution
- University Of South Africa (Unisa)
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LCP4801 ASSIGNMENT2 YEAR 2022 SEMESTER
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, QUESTION A
The differences between international law and domestic are quite pronounced and well
known in international legal scholarship. Yet despite these differences, the two legal
systems bear many similarities. These similarities and differences have given birth to
various schools of thought in international legal studies. In a brief discussion, relying on
authority, articulate these schools of thought, the prevailing similarities and differences and
how, if any, states have tried to bridge those differences.
The theories of monism and dualism are used to explain the relationship between international law
and national law.
Monism
According to this idea, every law is a component of a global legal system that governs how each
State should conduct itself. In the case of international affairs, the State is typically held responsible
for the repercussions.
International law is inalienably interwoven into domestic law since all laws are a part of the same
legal system. When domestic law and international law clash, some monist theorists believe that
international law will take precedence; others believe that domestic legislation that is in conflict with
world law still has some effect on domestic law.
Dualism
According to this idea, domestic law and international law are two distinct legal systems that
function separately. According to dualism, international legal norms and principles must first be
changed or incorporated into local law before they may have an impact on people's rights and
duties. The origins, objects, and subject matter of law are regarded to be the primary distinctions
between domestic and international law. International law is a product of the collective will of States;
as such, States are its subjects, and the relationships between States are its subject matter.
Domestic law is derived from a sovereign's or a court's
State, its subjects are the individuals within the State, and its subject matter is the relations of
individuals with each other and with government.
Differences between international law and domestic
International law is concerned with the rights and duties of States in their relations with each other
and with international organisations. Domestic (municipal or national) law, the law within a State, is
concerned with the rights and duties of legal persons within the State. International law differs from
domestic law in two central respects:
1. The law-making process
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