To distinguish between international law and domestic law, it is essential to understand and identify the substantive differences between international law and domestic law. According to Torrijo(2008), there is one basic difference which is fundamental to understand when attempting to differentiate and distinguish between International and Domestic law. International Law is inter-state, meaning that the international law regulates affairs between different countries. Domestic law is intra-state, meaning that the domestic laws regulate affairs within a country. Therefore, the most fundamental difference between domestic and international law is the magnitude of law.
International law is the practice of law that consist a system of rules and principles are governing the international relations between sovereign States and other international organizations (Dixon 2013). It can be divided to two broad groups; public international law which refers to a set of rules that regulates governments and intergovernmental organizations across national boundaries and private international law which relates to the rights and responsibilities of private transactions between the different countries(Schaffer et al. 2012).
Domestic Law is also commonly referred to as national law or municipal law and differs to International law in numerous areas such as the process of creating law, the obligations of parties within the law system, the enforcement of the laws and the impact law has on political issues. The process of domestic law create will differ in certain countries. Using Australia as an example, a domestic law is established by creating legislation and passing this legislation through the parliaments of Commonwealth, States and Territories (Lau & Johnson2014). The parliament has the highest authority of law making and the courts are obliged to empower and apply the domestic law to domestic cases. International law is created differently as there is no body which resembles the parliament in international law. Therefore laws are not created through a law-making body, but rather created through treaties between nations. These treaties act as contracts and a breach of the treat is acknowledged as a breach of peace, thus will result in dire consequences.
The enforcement of international and domestic law is the other major distinguishing factor between these two law systems. Domestic law enforcement is taken care of by governing bodies such as the police, government law enforcement agencies. These governing bodies will oversee potential criminal activities and ensure that all criminal offenders are dealt with justly. Law offenders will be sent to court where they will be trialed and given the appropriate punishment. International Law is enforced much more differently. Similarly to how international law has no law-making body, there is no police or governing body overseeing the compliance of international laws or treaties (Conrad & Ritter 2013).
There are many factors of international law and domestic law, which crossover the two types of law. Many domestic laws must rely on international treaties to be implemented before becoming viable laws (EducationPortal 2014). Both monism and dualism are theories which can help accentuate the connection between international law and domestic law. Monism is the theory that international and domestic laws contribute to one single unity of law. In pure monist theory, the international law is the ultimate law system, and domestic laws will have minor impact on the international laws.
Dualism accentuates the fact that there is a significant difference between international and domestic laws, and that there is a need to separate these two bodies of law. Dualism theory highlights the needs for two bodies and explains how international laws cannot be immediately adopted into domestic law. According to Stratton (2009), both monism and dualism have ambiguities which question the exactitude of the theory, however together explain how both international law and domestic law play a vital role in the law systems
To distinguish between international law and domestic law, it is essential to understand and identify the substantive differences between international law and domestic law. According to Torrijo(2008), there is one basic difference which is fundamental to understand when attempting to differentiate and distinguish between International and Domestic law. International Law is inter-state, meaning that the international law regulates affairs between different countries. Domestic law is intra-state, meaning that the domestic laws regulate affairs within a country. Therefore, the most fundamental difference between domestic and international law is the magnitude of law.
International law is the practice of law that consist a system of rules and principles are governing the international relations between sovereign States and other international organizations (Dixon 2013). It can be divided to two broad groups; public international law which refers to a set of rules that regulates governments and intergovernmental organizations across national boundaries and private international law which relates to the rights and responsibilities of private transactions between the different countries(Schaffer et al. 2012).
Domestic Law is also commonly referred to as national law or municipal law and differs to International law in numerous areas such as the process of creating law, the obligations of parties within the law system, the enforcement of the laws and the impact law has on political issues. The process of domestic law create will differ in certain countries. Using Australia as an example, a domestic law is established by creating legislation and passing this legislation through the parliaments of Commonwealth, States and Territories (Lau & Johnson2014). The parliament has the highest authority of law making and the courts are obliged to empower and apply the domestic law to domestic cases. International law is created differently as there is no body which resembles the parliament in international law. Therefore laws are not created through a law-making body, but rather created through treaties between nations. These treaties act as contracts and a breach of the treat is acknowledged as a breach of peace, thus will result in dire consequences.
The enforcement of international and domestic law is the other major distinguishing factor between these two law systems. Domestic law enforcement is taken care of by governing bodies such as the police, government law enforcement agencies. These governing bodies will oversee potential criminal activities and ensure that all criminal offenders are dealt with justly. Law offenders will be sent to court where they will be trialed and given the appropriate punishment. International Law is enforced much more differently. Similarly to how international law has no law-making body, there is no police or governing body overseeing the compliance of international laws or treaties (Conrad & Ritter 2013).
There are many factors of international law and domestic law, which crossover the two types of law. Many domestic laws must rely on international treaties to be implemented before becoming viable laws (EducationPortal 2014). Both monism and dualism are theories which can help accentuate the connection between international law and domestic law. Monism is the theory that international and domestic laws contribute to one single unity of law. In pure monist theory, the international law is the ultimate law system, and domestic laws will have minor impact on the international laws.
Dualism accentuates the fact that there is a significant difference between international and domestic laws, and that there is a need to separate these two bodies of law. Dualism theory highlights the needs for two bodies and explains how international laws cannot be immediately adopted into domestic law. According to Stratton (2009), both monism and dualism have ambiguities which question the exactitude of the theory, however together explain how both international law and domestic law play a vital role in the law systems
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