How International Law Applies in Dualist Systems: A Guide to Domestic Courts

How International Law Applies in Dualist Systems: A Guide to Domestic Courts

In countries with dualist legal systems, international law doesn't automatically apply within their borders. To be enforceable in domestic courts, international law needs to go through a specific process. Let's explore the key requirement:

A. Incorporating the international law into domestic legislation

This is the essential step for international law to be recognized and applied in dualist systems. Here's why:

• Distinct Legal Orders: Dualist systems view international and domestic law as separate entities. * Sovereignty Upheld: By requiring incorporation through domestic legislation, dualist countries retain control over which international laws become binding on their citizens and courts. * Clear and Accessible: Incorporation ensures that international legal obligations are clearly defined and accessible within the domestic legal framework.

Other options (B, C, and D) are not typically required or relevant in a dualist system:

• Ratifying a treaty signifies agreement on the international stage but doesn't automatically make it part of domestic law in a dualist system.* Consent from other states is generally sought for resolving disputes, not for applying international law domestically.* International courts primarily deal with disputes between states, not individuals, and their judgments don't directly dictate domestic law in dualist systems.