Public International Law Part 3, Accurate
answers for top-tier exam performance
What is the difference between dualism and monism? - ANSWER-Dualism emphasizes
the distinct and independent characteristics of international law as between states and
national law as within states
Monism postulates that international and national law form one single legal order, or at
least a number of interlocking orders which should be presumed to be coherent and
consistent
What is Hans Kelsen's account of monism? - ANSWER-Kelsen defines monism as a
scientifically established if international and national law are part of the same system of
norms receiving their validity based on that law's hierarchy & content by an intellectual
operation involving the assumption of a single basic norm (Grundnorm, which is not a
norm of positive law but rather a 'hypothesis of juristic thinking'.
What is the basic norm/Grundnorm according to Kelsen? - ANSWER-States ought to
behave as they have customarily behaved. Norms are relative.
What does it mean when we say that norms are relative? - ANSWER-The basic norms
are determined by what has been established by international law. You have to prove
first that a norm exists, with practice, opinio juris, etc.
What is the general approach of international law to national law? - ANSWER-Article 3
of the ILC's Articles - International law governs the characterization of an act of a State
as internationally wrongful.
Does this principle (where a state cannot plead the provisions of its own laws during
failure to comply with international obligations) also apply when a state evokes its
Constitution? - ANSWER-Yes. A state cannot claim that it is not responsible for
breaching international law because its constitution does not require it to comply with its
international obligations.
answers for top-tier exam performance
What is the difference between dualism and monism? - ANSWER-Dualism emphasizes
the distinct and independent characteristics of international law as between states and
national law as within states
Monism postulates that international and national law form one single legal order, or at
least a number of interlocking orders which should be presumed to be coherent and
consistent
What is Hans Kelsen's account of monism? - ANSWER-Kelsen defines monism as a
scientifically established if international and national law are part of the same system of
norms receiving their validity based on that law's hierarchy & content by an intellectual
operation involving the assumption of a single basic norm (Grundnorm, which is not a
norm of positive law but rather a 'hypothesis of juristic thinking'.
What is the basic norm/Grundnorm according to Kelsen? - ANSWER-States ought to
behave as they have customarily behaved. Norms are relative.
What does it mean when we say that norms are relative? - ANSWER-The basic norms
are determined by what has been established by international law. You have to prove
first that a norm exists, with practice, opinio juris, etc.
What is the general approach of international law to national law? - ANSWER-Article 3
of the ILC's Articles - International law governs the characterization of an act of a State
as internationally wrongful.
Does this principle (where a state cannot plead the provisions of its own laws during
failure to comply with international obligations) also apply when a state evokes its
Constitution? - ANSWER-Yes. A state cannot claim that it is not responsible for
breaching international law because its constitution does not require it to comply with its
international obligations.
