Advances in Social Behavior Research
Vol. 3, 01 March 2023
Open
Access | Article
The Impact of Domestic Law on International Law
* Author to whom correspondence should be addressed.
Abstract
The birth of international law falls behind domestic law, therefore as a developing legal system, international law is naturally influenced by the more mature domestic law system, both in terms of domestic public law and domestic private law. Modern international law is essentially international law with a sense of domestic private law, but the increasingly frequent and complex international interactions required the establishment of a hierarchical and centralized structure shown in domestic public law. The development of international law by drawing on domestic public law faces certain obstacles and poses risks that should be given due attention. This study starts with the theoretical foundation of domestic law influencing international law, in both private and public sense, followed by analyses of real-world practice, and concluded with the major issues such as the different interpretations of equality in domestic and international laws. This article concludes that international law was first developed based on domestic private law with a focus on equality, and then shifted towards domestic public law by emphasizing hierarchy and centralization. International constitutionalism is also discussed in this study using some judgements made by the International Court of Justice.
Keywords
International Law, Domestic Law, Hierarchy, Centralization., Equality
References
1. Lauterpacht, H. (1927). Private Law Sources and Analogies of International Law. London: Longmans.
2. Cassese, A. (2005). International Law, 2nd edition. Oxford: Oxford University Press.
3. Toope, S. J. (1990). Mixed International Arbitration. Cambridge: Grotius Publication Limited.
4. Van Harten, G. (2005). Investment Treaty Arbitration and Public Law. Oxford: Oxford University Press.
5. Hont, I. (2005). Jealousy of trade: international competition and the nation-state in historical perspective. Cambridge: Harvard University Press.
6. Kelsen, H.(1942). Laws and Peace in International Relations. Cambridge: Harvard University Press.
7. Simma, B. (1994). From Bilateralism to Community Interest in International Law. The Hague: Recueil des Cours.
8. Friedmann, W. (1964). The Changing Structure of International Law. New York: Columbia University Press.
9. Mosler, H. (1974). The International Society as a Legal Community. The Hague: Recueil des Cours.
10. Von Bogdandy, A. (2006). Constitutionalism in International Law Comment on a Proposal from Germany. Harv. Int'l LJ, 47, 223.
11. Helfer, L. R. (2003). Constitutional analogies in the international legal system. Loy. LAL Rev., 37, 193.
12. Cottier, T., et al. (2005). Human Rights and International Trade. Oxford: Oxford University Press.
13. Arangio-Ruiz, G. (1997). The federal analogy and UN charter interpretation: A crucial issue. Eur. J. Int'l L., 8, 1.
14. Cronin-Furman, K. R. (2006). The International Court of Justice and the United Nations Security Council: Rethinking a Complicated Relationship. COLuM. L. REv., 106, 435.
15. Libya v. United States Case, 1992 ICJ Reports.
16. International Court of Justice (2004). Legal Consequences of Construction of Wall in Occupied Palestinian Territory, Advisory Opinon.
17. Anand, R. P. (1986). Sovereign Equality of States in International Law. The Hague: Rescueil des Cours.
18. Brierly, J. L. (1942). The Law of Nations. Oxford: Oxford University Press.
Data Availability
The datasets used and/or analyzed during the current study will be available from the authors upon reasonable request.
This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License. Authors who publish this journal agree to the following terms:
1. Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgment of the work's authorship and initial publication in this journal.
2. Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgment of its initial publication in this journal.
3. Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See Open Access Instruction).
- Volume Title
- Proceedings of the 3rd International Conference on Educational Innovation and Philosophical Inquiries (ICEIPI 2022), Part II
- ISBN (Print)
- 978-1-915371-09-6
- ISBN (Online)
- 978-1-915371-10-2
- Published Date
- 01 March 2023
- Series
- Lecture Notes in Education Psychology and Public Media
- ISSN (Print)
- 2753-7048
- ISSN (Online)
- 2753-7056
- DOI
- 10.54254/2753-7048/3/2022579
- Copyright
- © 2023 The Author(s)
- Open Access
- This article is an open access article distributed under the terms and conditions of the Creative Commons Attribution (CC BY) license, which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited