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Description
Flashcards by Rehema Rukaria, updated 3 months ago
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Created by Rehema Rukaria
3 months ago
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| Question | Answer |
| Monism in international law: 1. what is monism? | 1. monism is a set of beliefs that international and domestic laws are the same. to the extent that international treaties once ratified in a monist system become part of domestic law. For example Germany and France. |
| 2. What is dualism? | 2. Dualism is a theory in PIL where international and domestic law are seen to be different aspects of law, so much so that international law would require domestic legislation for it to apply. for example UK |
| 3. what are the charachteristics of a monist system? | 3. - International law is supreme. -direct applicability -judicial use of international law in domestic disputes -national courts can act as international tribunals |
| 4. what are the characteristics of a dualist system? | 4. - domestic law is supreme - IL requires domestic legislation so as to be effective on a domestic level -little to no use of IL in settling domestic disputes. -seperate legal systems |
| 5. What is the theory of transformation in IL? | 5. this is the process by which international legal norms are integrated into a state's domestic legal system |
| 6. what is monism with transformation? | 6. in monism with transformation, IL is considered to be part of domestic law upon ratification. however for the IL to apply it must be transformed with domestic legislation and thus, the state must formulate laws that give effect to iL within its domestic laws framework....for example in the US there is a law that states that self executing treaties automatically becomes part on domestic law... |
| 7. What is dualism with transformation? | 7. in dualism with transformation there remains a strong distinction between IL and domestic laws. and for IL to apply in a domestic legal system it must be transformed through domestic legislation. |
| 8. Kenyan jurisprudence: | 8. - Karen Kandie v Alesaane Ba & others: the COA affirmed Kenya as a monist state, and this position was affirmed by the Supreme Court in 2017. -Okunda & Anor. v Republic: the court held that where there is a dispute between municipal law and IL, municipal law prevails. |
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