Abstract

This chapter discusses the relationship between international law and municipal law. The definition of the relationship between international law and municipal or domestic law is closely connected with the concept of law in general on the one hand and, on the other hand, with the structure of the international legal community and the foundations and the sources of international law. The theoretical problem of whether international law and municipal law are parts of one legal order (monism) or of several legal orders existing independently from each other and needing special provisions to be brought into a reciprocal relationship (dualism or pluralism) has been long discussed, often with strong ideological and political overtones. One approach held political faith in a progressive internationalism combined with elements of natural law, while the other strongly emphasized State sovereignty based on juridical positivism. In this chapter, only the problems of general international law are treated.

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