International Law versus Municipal Law: A Case Study of Six African Countries; Three of Which are Monist and Three of Which are Dualist
24 Pages Posted: 7 Sep 2012
Date Written: September 6, 2011
The relationship between international law and municipal law has traditionally been characterized from a monist or dualist perspective. While this characterization remains contested, the approach a country adopts has a great significance for the effectiveness and application of international law within the domestic legal system. This paper discusses the relationship between international law and municipal law with illustrations from six African countries; three of which are monists and three of which are dualists. In so doing, attempt has been made to support each position with relevant judicial authorities from the countries examined. Lastly, the paper suggests that the increasing use and relevance of international law in national legal systems in Africa reveal a great deal about how open African countries are becoming to the influence of international law.
Keywords: International Law, Monism, Dualism, Municipal Law, Application, African, Countries
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