ANALYSING THE INTERPLAY BETWEEN INTERNATIONAL LAW AND DOSMESTIC LAW: ISSUES RELATING TO RATIFICATION AND DOMESTICATION AS VEHICLES FOR STRENGHTHING INTERNATIONAL JUSTICE
Authors:
JAMES Louisa
Publication Type: Journal article
Journal:
ISSN Number:
0
Downloads
14
Views
Abstract
The concept of international law as contra-distinguished from municipal law creates the impression of two separate fields of juristic endeavours. International law has as its subject nations or states, whereas the focus of municipal law is the regulation of the domestic activities of private individuals or citizens in their civil and criminal jurisdictions. One noticeable feature of the post-second world war international system was the recognition of the position that it is impracticable for the global legal system to run strict compartmentalization system between the international legal system and the domestic provinces of law. It soon dawned on the international community that certain actions of private individuals could have its impact transcending the frontier of municipal law to the realms of international legal system. Clear examples can be seen in offences like rape, torture and genocide which were all part of the cruel instrument of warfare under the Nazi regime. The growth of international law after the horrendous violations of human rights successfully collapsed the fragile wall of separation between international law and municipal law. For instance, the concept of personal criminal liability in international law has diluted the position of international law being called the ‘law of nations’. The impact of the new Nuremberg and Tokyo military tribunals and subsequent post conflict courts have strengthen the synergy between international law and municipal law in the quest for international justice and equity as exemplified in Charles Taylor and Hissene Habre’s conviction for war crimes, crimes ageist humanity, torture and sexual slavery. This work undertakes a research into how to expand the frontier of composite treatment of law devoid of abstract categorization for the purpose of strengthening the efficacy of law the global justice system through such synergy. The work explores the utility of the principles of ratification and domestication of international treaties into effective part of the municipal legal system. The research relied on the critical analytical methodology of study and concluded with recommendations including the necessity for closer cooperation between the two vital classes of law as an imperative for a more effective operation of both municipal as well as the international justice systems.
JAMES,L. .
(0000). ANALYSING THE INTERPLAY BETWEEN INTERNATIONAL LAW AND DOSMESTIC LAW: ISSUES RELATING TO RATIFICATION AND DOMESTICATION AS VEHICLES FOR STRENGHTHING INTERNATIONAL JUSTICE, 0
(), 0-0.
JAMES,L. .
"ANALYSING THE INTERPLAY BETWEEN INTERNATIONAL LAW AND DOSMESTIC LAW: ISSUES RELATING TO RATIFICATION AND DOMESTICATION AS VEHICLES FOR STRENGHTHING INTERNATIONAL JUSTICE" 0, no (), (0000):
0-0.
JAMES,L. and .
(0000). ANALYSING THE INTERPLAY BETWEEN INTERNATIONAL LAW AND DOSMESTIC LAW: ISSUES RELATING TO RATIFICATION AND DOMESTICATION AS VEHICLES FOR STRENGHTHING INTERNATIONAL JUSTICE, 0
(), pp0-0.
JAMESL, .
ANALYSING THE INTERPLAY BETWEEN INTERNATIONAL LAW AND DOSMESTIC LAW: ISSUES RELATING TO RATIFICATION AND DOMESTICATION AS VEHICLES FOR STRENGHTHING INTERNATIONAL JUSTICE. 0000, 0
():0-0.
JAMES,Louisa ,
.
"ANALYSING THE INTERPLAY BETWEEN INTERNATIONAL LAW AND DOSMESTIC LAW: ISSUES RELATING TO RATIFICATION AND DOMESTICATION AS VEHICLES FOR STRENGHTHING INTERNATIONAL JUSTICE", 0 . (0000) :
0-0.
J.Louisa ,
"ANALYSING THE INTERPLAY BETWEEN INTERNATIONAL LAW AND DOSMESTIC LAW: ISSUES RELATING TO RATIFICATION AND DOMESTICATION AS VEHICLES FOR STRENGHTHING INTERNATIONAL JUSTICE"
vol.0,
no.,
pp. 0-0,
0000.