Wzajemny stosunek i związki pomiędzy prawem międzynarodowym i prawem krajowym
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Date
1986
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Wydział Prawa i Administracji UAM
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Relationships between international law and municipal law
Abstract
These relationships concern primarily the binding force and application of international
law in the State, including the respect for that law by State organs
and individuals. Municipal law can also have a place in the international legal order,
and international organs occasionally apply that law. While the latter problem
is more restricted in its weight and dimensions, the impact of one law on another
and their interactions are considerable.
Parliamentary democracy and its workings have brought the domestic implementation
of international law to a head, especially in view of the possibility of
legislating internally through the medium of treaties.
Penetration of the internal legal order by international law meets with various
obstacles: gaps in the regulation of the procedural aspect by municipal law; inertia
of the domestic organs; supremacy of municipal laws (statutes) for State courts;
ignorance of international law; difficulties in identifying the relevant rule of that
law.
The choice of method to be adopted to implement international law inside
a State is left to that State's legal order and practice. There is a variety of procedures.
Some consist of the reception by the domestic law of various rules of
international law whereby the latter are made part and parcel of the body of
municipal Jaw. One such method is transformation of an international legal rule
into a municipal one; transformation can be either particular or general. Other
procedures result in the direct applicability of the international legal rule in the
domestic system: the rule operates as an international on in the internal legal
system.
In case, of conflict between an international rule and a municipal rule primacy
of the former is absolute on the international legal plane. On the other hand, in
the domestic sphere various solutions have been adopted, and it is not unfrequent
that in practice the municipal law will prevail. This undesirable effect of a certain
autonomy of municipal law does not free the State from international responsibility
for violation of its international obligations.
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Digitalizacja i deponowanie archiwalnych zeszytów RPEiS sfinansowane przez MNiSW w ramach realizacji umowy nr 541/P-DUN/2016
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Citation
Ruch Prawniczy, Ekonomiczny i Socjologiczny 48, 1986, z. 1, s. 1-16
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ISBN
ISSN
0035-9629