Unit IV

International law and domestic law of other countries

1. Lead-in. Brainstorming section:

1. Read the following quotes about International Law, and decide whether you agree or disagree. Prepare your arguments to support your viewpoint:

• International law is part of the common law. B. Pigott

• Who saves his country violates no law. Napoleon Bonaparte

• International law, like the moral law, is part of the law of England, but only to the extent that the Courts will not help those that break it. C.B.Pollock

• A great part of the law of nations stands upon the usage and practice of nations. It is introduced, indeed, by general principles: but it travels with those general principles only to a certain extent: and, if it stops there, you are not at liberty to go further, and to say, that mere general speculations would bear you out in a further progress— thus, for instance, on mere general principles it is lawful to destroy your enemy; and mere general principles make no great difference as to the manner by which this is to be effected; but the conventional law of mankind, which is evidenced in their practice, does make a distinction, and allows some, and prohibits other, modes of destruction. Sir W. Scott, "The Flad Oyen"

• The voluntary law of nations derives its force from the presumed consent of nations, the conventional from their express consent; the consuetudinary from their tacit consent. Wolfus, "Jus Gentium"

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2. Before you read the text study the Hot Tip from Weekipedia:

HOT TIP

Municipal law is the national, domestic, or internal law of a sovereign state defined in opposition to international law. Municipal law includes not only law at the national level, but law at the state, provincial, territorial, regional or local levels. While, as far as the law of the state is concerned, these may be distinct categories of law, international law is largely uninterested in this distinction and treats them all as one. Similarly, international law makes no distinction between the ordinary law of the state and its constitutional law.

2. Before you read the text answer/discuss these questions:

1. Is international law a true law?

2. What law at the national level is defined in opposition to international law?

3. How does international law differ from domestic law? How do international law and domestic laws interact?

4. What are the two main theories that explain the relationship between international law and domestic law?

5. How international law is incorporated into domestic and why is it important?

6. Do different countries incorporate and interpret international law in different ways?

7. What do you know about the implementation of Intrenational Law in Ukraine/other countries of the world?