Comparative Analysis of the Phenomena of “Dualism and Monism” of Domestic and International Law: Evolution of Legal Doctrines and Practice of International Community

Abstract

The relationship between domestic and international law has always been a struggle for the two traditional discourses of dualism and monism. Despite the age of the proposed theories, there is no single discourse on this matter. Some state and international organizations move towards one of them even without making any specification. The present article, after explaining the developed legal doctrines and exploring the practices of state and international organizations as active subjects of the international community, found that it is better to get the middle ground in the application of domestic and international law relations. According to the requirements of the proposed case, in different situations, one of the two mentioned theories can be applied in practice. Sometimes, these approaches are very close to each other in practice, in such a way that “dualism” has an overlapping relationship with “monism with the supremacy of the international law. In practice, it is suggested to take a hegemonic and positivist approach.

Keywords

• dualism
• monism
• relations between domestic and international laws
• international community