Dualism and Monism

UNIVERSITY OF NAIROBI
SCHOOL OF LAW-KISUMU CAMPUS
NJUGUNA SAMUEL MACHARIA
G34/38046/2010
PUBLIC INTERNATIONAL LAW
TAKE headquarters ASSIGNMENT
LECTURER; DR.PETER ONYANGO

QUESTION
Discuss the monist and dualist theories of screen subject field law.

Monism
The term monist and dualist argon terms used to describe the theories that have been formulated to explain the inter relationship between the planetary law and the national [or municipal law].
Over the last century there has been unprecedented outgrowth in the premise of external law. It has developed in massive proponents as the world grows forth to become what some scholars cancel a global village. Thus it is of utmost importance that we unwrap the theoretical approaches to this inter relation a lot of consideration. fit to J.G Starke there is a danger that there may be a lot of conflicts if much(prenominal) development is not enured with certain weight.

According to Dixon, the monist theory supposes that international law and national law are simply 2 components of a  individual(a) body of knowledge called law. Law is seen as a single entity of which national and international versions are merely particular manifestation. In the case of conflicts between the two systems, international law is said to prevail.



He is also of the idea that inclose of any would be conflict between the two laws, international law is said to prevail. An invoice to this has been offered by various theorists and scholars.
Hans Kelsen offers an explanation as to why international law is deemed supreme. He sees the superiority of international law as a direct mo of his basic norm of all law. This basic norm (fundamental formula from which all law gains its validity) is that the states should behave as they have customarily behaved. Thus international law ranks higher in the hierarchal clubhouse and national law should be subject to such norms.
Hersch Lauterpacht takes a human rights approach on this issue. He sees international law as...If you want to get a full essay, order it on our website: Ordercustompaper.com



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