Monism in International Relations, Dualism in Intentional Law, Trinitarianism in Legal Theory - An Irish Crossroads

892-912, Basic Concepts of Public International Law- Monism and Dualism (Belgrade 2013, ed Marko Novakovic)

22 Pages Posted: 4 Dec 2018

Date Written: 2013

Abstract

This contribution attempts three things. First, it sets out the dualist nature of Irish law’s reception of public international law treaties. This is relatively straightforward technically, albeit located in a particular constitutional ethos. The reception of customary international law and general principles of international law is also technically straightforward. Second, the contribution sets out the reception of European Union law, which is contentious, and complex, but reasonably well mapped. This reception has importance for public international law proper as well, due to the competence of the European Union to enter into international treaties. Third, the contribution proposes that in practice the cutting edge of the interface of non-domestic and domestic law now differs from non-domestic and domestic law now differs from the traditional points of interest in public international law and dualism. In practice, in contrast to theory, for most purposes, the Irish system is monist, and the national/international dualism distinction is less important practically than the public sector/private sector dualism. The State retains and invests in an extensive government with little macro freedom of action, wherein the bottom line has ceased to be between the international and national, but rather between the public and private.

Suggested Citation

Phelan, Diarmuid, Monism in International Relations, Dualism in Intentional Law, Trinitarianism in Legal Theory - An Irish Crossroads (2013). 892-912, Basic Concepts of Public International Law- Monism and Dualism (Belgrade 2013, ed Marko Novakovic). Available at SSRN: https://ssrn.com/abstract=3278585

Diarmuid Phelan (Contact Author)

Trinity College (Dublin) ( email )

2-3 College Green
Dublin, Leinster
Ireland

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