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International Law ConcentrateLaw Revision and Study Guide

International Law Concentrate: Law Revision and Study Guide (5th edn)

Ilias Bantekas and Efthymios Papastavridis
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date: 25 April 2024

p. 494. The relationship between international and domestic lawlocked

p. 494. The relationship between international and domestic lawlocked

  • Ilias Bantekas
  •  and Efthymios Papastavridis

Abstract

This chapter analyses the relationship between international and domestic law and particularly the reception of the former in domestic legal systems. This matter is regulated in the receiving State’s constitutional law and is generally based on the doctrine of incorporation and that of transformation. The former does not require any further implementing legislation by the receiving State, but where it is applied it is subject to several limitations, particularly where the treaty in question is not sufficiently clear or precise, in which case it is not automatically self-executing. The philosophical foundations of the relationship between international and domestic law are explained by reference to the monist and dualist theories. Besides treaties, domestic law also regulates the reception of custom and UN Security Council resolutions. However, in respect of Security Council resolutions, international human rights law determines their legality.

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