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2. Answer the check-up questions.

1. What relations are governed by International Law?

2. What does the national law regulate according to Keslen?

3. What does International Law regulate according to Keslen?

4. Is there a divergence of opinion on the question of International Law and

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Municipal Law?

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

6. What does Monistic Theory maintain on the subject of the two systems of law?

7. What does Dualistic Theory maintain on the subject of the two systems of law?

8. What are the other two theories Starke makes reference to?

9. What is the essence of Transformation Theory?

10. What is the essence of Delegation Theory?

11. Why is the Delegation Theory incomplete?

12. What is is settled by the leading English and American decisions?

13. Has the United States applied the doctrine that International Law is part of the law of the land unambiguously?

14. Are all international conventions ratified by the USA binding upon American Courts even if they may be contrary to the statutory provisions?

15. Is there a presumption in cases of conflict that the United States Congress did not intend to overrule International Law?

3. Complete the following sentences using the required information from the text above:

  1. International Law is the law which governs the relations of …

  2. Kelsen observes that national law regulates …

  3. Monistic Theory maintains that …

  4. According to Monistic Theory International Law and Municipal Law are …

  5. According to the dualist view the systems of International Law and Municipal Law are …

  6. The sources of Municipal Law are …

  7. In the second place Municipal Laws regulate relations between …

  8. Besides the above two theories, Starke makes reference to two other

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theories …

  1. The transformation is not merely …

  2. Transformation Theory is fallacious in several respects. In the first place … . In the second place …

  3. According to Delegation Theory there is the delegation of …

  4. There is no need of transformation of a treaty into …

  5. The delegation theory is incomplete for …

  6. The United States has unambiguously applied the doctrine that …

  7. All international conventions ratified by the USA and such customary International Law as has received the assent of the United States …

  1. Define if the following sentences are true or false. Use the required information from the text above and correct the false statements:

Statements

True or False

  1. International Law is the law which governs the relations of sovereign independent States inter se Municipal law or State law or national law is the law of a State or a country.

  1. International Law is concerned with the internal relations of the State, its domestic affairs.

  1. There is no divergence of opinion on the question as to whether International Law and Municipal Law on the various national laws can be said to form a unity, being manifestations of a single conception of law or whether International Law constitutes an independent system of law essentially different from the Municipal Law.

  1. Dualistic Theory maintains that the subject of the two systems of law namely, International Law and Municipal Law are essentially one in as much as the former regulates the conduct of States, while the latter of individuals.

  1. The sources of Municipal Law are customs grown up within the boundaries of the State.

  1. Besides the two theories (Monistic and Dualistic), Starke makes reference to two other theories namely, the Transformation Theory and Delegation Theory.

  1. International Law according to Transformation Theory can find place in the national or Municipal Law unless the latter allows its machinery to be used for that purpose.

  1. According to Delegation Theory there is no need of transformation of a treaty into national law but the act is merely an extension of one single act.

  1. The delegation theory is fully complete for it assumes the primacy of international legal order but fails to explain the relations existing between municipal and international laws.

  1. The United States and Canada have unambiguously applied the doctrine that International Law is part of the law of the land.

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