Dichotomy Between International Law and Domestic Law

The important problem to be solved is the dichotomy between domestic law and international law and the reasoning of these differences. This paper also clarifies why the position of realism against international law is reasonable. First, the theme of the law, in general, the subject of international law is a country that can hold and exercise rights, citizens are called the subject of domestic law. Basically, it is necessary to consider corporations with rights and obligations under international law or domestic law.

International law is different from domestic law. In the United States, federal and state governments are enforcing the domestic laws of the United States. However, as far as international law is concerned, governments and international organizations will not implement international law. Although the United Nations Security Council can pass enforcement measures, implementation of these measures by law enforcement agencies (Article 43) has been achieved because Member States could not provide the necessary financial resources (military etc.) Absent. (Law enforcement agencies should not be confused with existing UN peacekeeping forces, which are not mandatory violations of international law, but to maintain peace and security.

Analysis of relationships between domestic and foreign human rights law and its domestic law is always a matter of international law and domestic law. There is no legal system in the world that treats international law as "foreign law". It is ubiquitous as part of the land law, contract law, labor law, administrative law. Regarding the UK, all the rules of customary international law are generally accepted, in any case, the consent of the country as a land law. In this regard, the validity of the common law principle still exists in the UK, and the Blackstone Group expresses the principle that the domestic law is part of the land law. In the United States, the interrelationship between international human rights norms and domestic laws has developed quite well.

The relationship between domestic law and international law at the procedural level may be complicated, especially if domestic courts directly apply international law. It is important to remember that domestic law can not be used as a reason for not fulfilling international responsibilities. One of the fundamental principles of international law states that countries that violate their international obligations must be accountable for their actions. More specifically, according to the concept of state responsibility, a state that does not respect its international obligation immediately obstructs illegal acts and compensates for injured people. The principle of national responsibility forms part of international customary law and binds all countries.