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Discussion About Monism and Dualism in International Law

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Discussion About Monism and Dualism in International Law

Page 1 of 6
Introduction:
Incorporation of international law

The incorporation of international law is the process by international agreements become part of the municipal law of a sovereign state. A country incorporates a treaty by passing domestic legislation that gives effect to the treaty in the national legal system.

Whether incorporation is necessary depends on a country's domestic law. Some states follow a monist system where treaties can become law without incorporation, if their provisions are considered sufficiently self-explanatory. In contrast dualist states require all treaties to be incorporated before they can have any domestic legal effects. Most countries follow a treaty ratification method somewhere between these two extremes. The Transformation of international law

Differently from the latter theory the transformation doctrine stipulates, that rules of international law do not became part of national law until they have been expressly adopted by the state. The difference between incorporation and transformation is that the former adopts international law into national law just because it is international law, whereas the latter requires a deliberate act on the part of the state concerned. It is clear, that whether any states adopts the incorporation or transformation doctrine is to be determined by its own national law, usually its 'constitution'.

Monism & Dualism
Monism is referred as oneness and dualism is referred to as two. These two words have many differences in philosophical, psychological as well as legal terms.

In philosophical terms, monism is that talks of the oneness of the soul and dualism is that talks of two entities’”individual and supreme soul. While monism accepts unity in diversity, dualism does not agree to it.

When monism talks of the oneness of existence, the term dualism has not endorsed this view. Monism believes in the unification of the self into supreme self. On the contrary, dualism does not believe that the...

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