Application of International Law into National Systems
📌 The application of international law into a nation's legal system varies based on each country's national legal framework and involves constitutional issues concerning the executive (binding treaties) and legislative bodies (enacting domestic law).
🔄 Two methods for implementation are incorporation (adopting international law in its original form) or transformation (changing its form into domestic legal instruments, like statutes/laws).
🚫 According to Article 27 of the Vienna Convention on the Law of Treaties (VCLT) 1969, a state cannot use its domestic law as an excuse for violating international legal obligations.

International Law Perspective on Domestic Law
⚖️ In cases of conflict, international law must take precedence over national law, especially obligations arising from treaties, as stated in the VCLT 1969.
🏛️ National law is viewed by international courts not as a source of international law, but as "facts" when assessing state actions, such as verifying official representation or nationality claims (e.g., the _Mavrommatis Palestine Concessions_ case).
💡 National legal principles can contribute to international law as general principles of law (one of the sources listed in Article 38(1) of the ICJ Statute).

Theories Explaining the Relationship (Monism vs. Dualism)
🔄 The relationship between national and international law is explained by three main theories: Dualism (which implies separate systems), Monism, and the Third Way/Harmonization Theory.
👤 Monism posits that national and international law are components of one single legal system, often rooted in the doctrine of universal natural law, as both ultimately regulate individuals.
⚖️ Monism splits into two main doctrines regarding conflict resolution: Monism with Primacy of National Law (national law is higher) and Monism with Primacy of International Law (international law is higher).

Divergent Monist Views
🥇 Monism with Primacy of International Law argues that international law sits at the top of the legal pyramid, stemming from natural law, meaning national law must conform, and transformation is unnecessary.
🌍 This view suggests that international law can be directly applied in national courts without formal transformation because both systems stem from the same ultimate source (the individual).
☯️ Naturalist Monism serves as a middle ground, positioning international law between Natural Law (highest) and National Law (lowest) within a unified system.

Key Points & Insights
➡️ If a conflict arises, international law must be prioritized over national law, particularly concerning treaty obligations (VCLT 1969).
➡️ National law is only examined by international tribunals as factual evidence of a state's conduct, not as a formal source of international law.
➡️ The Monist school views national and international law as belonging to one unified system, contrasting with Dualism which sees them as separate.
➡️ Practitioners should understand that theories like Monism with Primacy of International Law support the direct application of international norms in domestic courts if the system adheres to that view.

📸 Video summarized with SummaryTube.com on Dec 02, 2025, 07:00 UTC