The Reception of International Law by National Law Is Intricate, but It Is Dynamic and Evolutive

Keywords: International Law, National Law

Introduction

The International and National laws require in-depth analysis for effective policymaking. In the contemporary environment, it is clear that International laws exude a significant relationship with the National laws. Most importantly, the relationship has been changing with the need for further evaluation. Therefore, this paper will examine the relationship between the National and International law as per the case questions.

Nature of the Relation between International Law and Municipal Law

The process of understanding the features of the relationship existent in analyzing the International and Municipal Law requires the need to examine the distinctive thought process (Sassen 2015). Accordingly, there is the prospect of evaluating the relationship between the two laws. Denza (2014) emphasizes that the relationship existent among the International laws and Municipal Laws ought to be seen as cooperation or symbiotic. Accordingly, the nature of the relationship should be based on the prospect that there is a need for recognition of the doctrines coupled with concepts that emanate from the Municipal law. As such, a clear, practical implication of the symbiotic agreement emanates or is evident in consideration of the admissibility of the Municipal Court decision in the International Court of Justice. In reference to Yang (2014), the examination of the Brazilian Loans, it was clear that due regard ought to be examined to the decisions made in the Municipal courts since they provide jurisprudential guidance about the effect of the domestic law in the prevalent Municipal court. Therefore in accordance to Denza (2014) the analysis of the court’s decision, it is clear that International law is implemented it will rely extensively on the provisions of the Municipal law since it forms a part of the arguments. Hence, as part of the perpetual evolution of the International law, it is imperative to consider the concepts emanating from the Municipal law. Accordingly, the concepts of the Municipal law have an impact and relevancy on the sections that are set in the International laws (Sassen 2015).

Theories that Explain the Reception of International Law by National Law

Understanding the relationship and reception of the International Law by National law is reliant on distinctive theories. One of the most fundamental theories is the Monist theory, whereas not explicitly denying the prospect that International law entails a law and in common scenario conceding, the broad scope of inclusion is evaluated extensively. The monist theory, from the analysis of Thompson (2015), makes an emphasis on the prospect that the world entails an arena in which a unitary legal system with a described order. As such, with the International and National laws exuding comparable or equivalent subject, sources or substantive contents. Accordingly, through the differing as to the prospects, whether it is legal, scientific or political, the main aim of the monists is with the emphasis that there is supremacy of the International law over the National Law. The monists assert that the inclusive decision of a nation renders the International law primacy over the National Law (Vedel 2015). There is the emphasis that the basic norm of the prevailing judicial law is the emphasis that the International law has jurisdiction over the sovereign state due to the inclusive decision coupled with the conformity to the member States. The judgment passed by Lord Reed on the cap that of benefits that was being implemented. This had clear motives that were political in nature. Lord Reed made the ruling in favour of the international law stating that the UK government was at fault and the child is the primary consideration not the women who are the ones who are mostly affected by this law. Also Lord Carnwath stated that the government was at fault for not showing that this regulation was not at par with their national obligations (Case Comment: R ( SG & Ors) v Secretary of State for Work and Pensions[2015] UKSC 16, 2015). In view of the dualistic states, the international laws has to be translated before being incorporated as the national laws since it looks at the two laws as different completely(Palmer and Perkins 2007, p.113). Note that the law has to be translated to conform to the national law if it cannot then the international law is violet and no one can claim that the international is part of the national law. The judges in the dualistic states can never apply any international law except when it already translated and incorporated in as a national law. Lord Kerre views that the incorporated treaties are just minor views and cannot infridge its right to the Supreme Court but it should be taken into consideration when reviewing the constitution (Conor McCormick: Debating Constitutiomal Dualism, 2015).

 

Conflicts between International Law and National Law

Dixon, (2013) affirms that international law is reliant on the National Law. Classic examples are the constitutional clauses that refer to the authority of the State organs in International affairs in regards to the conclusion of a given treaty. Nonetheless, in the recent decades, there has been an increasing conflict between the International and National laws. The conflicts have been emanating from the domestic regulations and their influence on the International institutions. In the current environment, there is the clash between the internationally binding laws with the National laws. As a clear example, there are the distinctive Human Rights and Labor Rights that are spelled out by the UN that member states have to follow. Most specifically, there is the labor laws regarding the use of child labor have led to a distinctive environment. In nations such as the Philippines, the use of child labor is legal as the National law whereas, in the International law, the use of child labor is rendered illegal. Therefore, apart from the wide relationship existing between International and National law, there is the prospect of practical consequences regarding a specific legal order. In most instances, International and National laws exude disparity in the determination of the distinctive major cases. Evidence, as per Dixon (2013), reveals that there is supremacy of the International law as compared to the National law in the situation that evident aspect of concern is based on parties from different nations. However, in the internal environment, there is the conflict as to whether the International law sections should be implemented in the decision-making or there is the need for the assumption of the local laws.

Implications of International Legal Issues in National Legal Systems

The systematic analysis of the International legal issues in National legal systems shows that there is disparity about the implication of the two. According to Dixon (2013), the International legal issues have had a direct influence on the National legal systems with the need for the National legal systems to implement changes to conform to the International environment. As a clear example of the analysis of Kosovo, in their formation of their constitution, it was imperative that the National legal system adopts facets of the International legal systems. As a clear example, the lawmakers in Kosovo had to incorporate a National legal system that was in parity with the UN stipulations on the basic Human Rights (Sassen 2015). Conversely, in the analysis of the International legal systems, there is a clear relationship emanates from the National legal systems. In reference to Shelton (2014), the International legal system is a clear collaboration among the National legal systems. The interaction of the distinctive National legal systems through coordination among the countries results in the formation of an International system (Thompson 2015). As a clear example, in handling the International trade legal issues concerning two nations, it is the collaboration between the National legal systems between the two nations that establish a way forward.

Examples of International Instruments Received by National Legal Systems

From the analysis of Shelton, (2014), among the International instruments received by National legal systems include doctrines, conventions, and declarations. As such, doctrines, conventions, and declarations emanate from the United Nations and determine the guidelines of operations among the member states. From the analysis of Habermas (2015), as a clear example, the Declarations on Labor rights are encompassed by various nations in the determination of the legal age in which individuals can participate in any income earning activity.

Conclusion

The interaction of the International and National laws is comprehensive and evolving. From the above analysis, it is evident that the interaction between the International and National law has been changing with the prospect of symbiotic interrelationship evident. Henceforth for sustainable and mutual development of effective regulations, it is imperative to appreciate the interactive process of the International and National law that prevails

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