'International Law Is Part of the Law of the Land': True or False?
(2013) 26 Leiden Journal of International Law 351
Victoria University of Wellington Legal Research Paper Series, Keith Paper No. 24/2017
19 Pages Posted: 17 Mar 2014 Last revised: 22 Nov 2017
Date Written: 2013
Abstract
This article addresses the question stated in its title by considering not only the role of national courts but also the roles of national legislatures and executives. That emphasis is called for because most of international law most of the time operates through national, rather than international, institutions and in particular through the executive and the legislature. Before the author discusses those national institutions, he considers two undisputed propositions of law, the varying characteristics of rules of international law and the impact of those characteristics on different national constitutional and legal systems.
Keywords: International law, domestic law, dualism, implementing international law
JEL Classification: K10, K19, K33
Suggested Citation: Suggested Citation