‘Monism’ and ‘dualism’ in international law: the practical implication

Ahmad, Muhamad Hassan (2025) ‘Monism’ and ‘dualism’ in international law: the practical implication. The Malayan Law Journal (MLJ), 1 (1). pp. 20-32. ISSN 0025-1283

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Abstract

Jurists and commentators of international law have propounded two theories, i.e., ‘monist theory’ and ‘dualist theory’, in incorporating international law into national law. Since this option is available, some States apply the former and others apply the latter in this regard. Accordingly, the State practice for the reception of international law into national law is not unanimous. On the other hand, a State would be responsible for the violation of international law if its domestic court apply a local law that is inconsistence with a particular binding international legal principle. Hence, this paper intends to explore the two theories - i.e., ‘monist theory’ and ‘dualist theory’ - and studies the constitutions of some selected jurisdictions - i.e., East Timor, France, Germany, Greece, Japan, Kosovo, Russia, South Korea, and the Netherlands - to study how international law is incorporated into their national legal systems through their respective constitution. It concludes that regardless of the fact the a particular State is following whether ‘monism’ or ‘dualism’ in incorporating international law into its national legal system, the State practically have to take responsibility for the breach of any of its obligations under international law.

Item Type:	Article (Journal)
Uncontrolled Keywords:	Monism, Dualism, Monist, Dualist, Doctrine of Incorporation, Doctrine of Transformation.
Subjects:	K Law > KZ Law of Nations
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Ahmad Ibrahim Kulliyyah of Laws > Department of Civil Law
Depositing User:	Dr. Muhamad Hassan Ahmad
Date Deposited:	20 Feb 2025 12:40
Last Modified:	20 Feb 2025 12:40
URI:	http://irep.iium.edu.my/id/eprint/118666

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