The Engagement of Domestic Courts with International Law: Comparative Perspectives (2024)

FAQs

How does international law compare with domestic law? ›

Domestic law is the name given to the law or legal system within a specific country, whilst International Law is the body of law that governs the relationship between multiple nations.

Domestic courts also play an important role in the implementation of international law by issuing authoritative judgments in litigated disputes. These two subjects occupy much of our attention in this chapter. A distinct stage of governance involves decision-making by the sub- jects of legal rules.

The above assertions have been described through two main theories of state which are the monist theory and the dualist theory.

Comparative international law utilizes insights and methods from comparative law in order to identify, analyze, and explain similarities and differences in how international law is understood, interpreted, applied, and approached by different national and international actors.

Provisions in treaties and other international agreements are given effect as law in domestic courts of the United States only if they are "self-executing" or if they have been implemented by an act (such as an act of Congress) having the effect of federal law.

International law applies to all countries that wish to sign treaties and agreements, while professionals use national law in relations within a single country, such as the United States.

Comparative law, the study of different legal systems in different countries, focuses on understanding important differences and similarities among legal systems.

"Sovereign" states relate to one another within the framework of international law, developing binding norms through written agreement and unwritten but consistent and intended conduct.

The two major theories of international relations are realism and liberalism. Most theories of international relations are based on the idea that states always act in accordance with their national interest, or the interests of that particular state.

Comparative Law: The scholarly study of the similarities and differences between the legal systems of different jurisdictions. A comparison between the civil law system of Quebec and the common law system of Ontario would be in the realm of comparative law.

Do comparative law and international law mean the same thing? ›

Comparative law is not a separate body of rules and principles, but is a method of the comparative study of two or more different legal systems. Some sources also refer to the law of other countries as international law, global law, or world law.

Comparative law signifies the systematic application of the comparative technique to the field of law. It means the study of, and research in, law by the systematic comparison of two or more legal systems; or of parts, branches or aspects of two or more legal systems.

It encompasses a body of rules and principles that are recognised by nations as binding in their interactions with one another. The key difference lies in their scope: municipal law applies within a specific state, while international law applies across borders to regulate interactions between states.

"International law" has a deep affinity to this natural law method, for it consists of those practices that have "worked" in inter-nation conflict resolution. The affinity of international law to natural law goes back a long way to the classic writers of international law, notably Suarez, Pufendorf and Grotius.

International relations scholars consider the relations between states. International law considers the norms that govern these relationships (and many other important transactions).