Municipal Law Dualism
Contemporary events on this world make it seem applicable to confer the much-debated inquiry of the relation between municipal law and international law. Borchard (1940) stated the two certain features about the debate which: first, that as long as the disputants do not extensively vary in the ultimate resolution of problems, they vary significantly in their developing theories and major premises. Second, that the effort of various countries on chance to getaway the restraints of international law convince them to find a justifying theory in its compensating emphasis upon state sovereignty and generally believed limited scope.
Under the dualism doctrine, a comprehensible distinction is established between municipal and international law, creating them as separate legal orders which control different subjects (Triepel, 1899). Municipal law confers rights to entities and persons within the sovereign state, while international law entails the regulation of the relationship between sovereign states. It is therefore significant to point out that under the dualism
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International law should identify concepts and doctrines established by municipal law. The empirical implications of this argument appear when taking account to the admissibility of municipal courts’ resolutions in the International Court of Justice (ICJ). In the Brazillian Loans Case, the predecessor to the International Court of Justice decided that due concern must be paid to the judgments of municipal courts as they give jurisprudential guidance on the result of the specific municipal law in the domestic sphere. International law is primarily used in accordance with the Court’s jurisdiction. It will nevertheless be reasonable to assume that parties will depend on provisions of municipal law as part of their discussions. As such, in the form of proof before the court, they must confer said
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