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This document discusses the relationship between national and international law in three key points:
1) Theoretical constructions have obscured realities, and views that see each system as supreme in its own field without one dominating the other may be closest to the truth.
2) Three factors influence how legal systems interact: the readiness of state organs to apply international law internally and externally, difficulties in proving rules that may lead courts to rely on executive advice over objective law, and courts' concerns with applying the appropriate system to issues.
3) Both legal systems can be flexibly applied to regulate disputes and non-contentious matters, like how international bodies and national courts sometimes apply the other system's rules.
This document discusses the relationship between national and international law in three key points:
1) Theoretical constructions have obscured realities, and views that see each system as supreme in its own field without one dominating the other may be closest to the truth.
2) Three factors influence how legal systems interact: the readiness of state organs to apply international law internally and externally, difficulties in proving rules that may lead courts to rely on executive advice over objective law, and courts' concerns with applying the appropriate system to issues.
3) Both legal systems can be flexibly applied to regulate disputes and non-contentious matters, like how international bodies and national courts sometimes apply the other system's rules.
This document discusses the relationship between national and international law in three key points:
1) Theoretical constructions have obscured realities, and views that see each system as supreme in its own field without one dominating the other may be closest to the truth.
2) Three factors influence how legal systems interact: the readiness of state organs to apply international law internally and externally, difficulties in proving rules that may lead courts to rely on executive advice over objective law, and courts' concerns with applying the appropriate system to issues.
3) Both legal systems can be flexibly applied to regulate disputes and non-contentious matters, like how international bodies and national courts sometimes apply the other system's rules.
CONCLUSIONS: instruments for dealing with disputes and On the whole question of the relation regulating non between national and international law contentious matters. theoretical constructions have done much to obscure realities. If one had to International court may find it choose between the theories considered necessary to apply rules of national la; earlier in this chapter, then the views od BODIES such as: Fitzmaurice and Rousseau might be o United States Foreign Claims preferred as coming closer to the truth. Settlement commission – national but may use international law on a Each system is supreme in its own field; large scale neither has hegemony over the other. National Courts applies a rule of And yet any generalities offered can only international law because it is provide a background to the complex appropriate. The question of relations between the national and transformation depends on the national international systems. law when a particular national system have a practice before it is permitted to 3 Factors operate: apply international law o Organizational: To what extent are the organs of states ready to apply rules of international law internally and externally? This seems to suggest a pluralist vision- regulates its relation with other legal system o Proving existence of rules: In case of difficulty national courts usually rely on advice from the executive or existing precedents, and the result may not accord with an objective appreciation of the law. o Courts: Concerned with the question of which is the appropriate system to apply to particular issues arising. The question of appropriateness emphasizes the distinction between organization, that is, the character of the jurisdiction as ‘national’ or ‘international’, and the
Slowly Improving Human Protection: The normative character of R2P - Responsibility to Protect - and how it can slowly modify States behavior on Human protection