Jump to ContentJump to Main Navigation
Realizing UtopiaThe Future of International Law$
Users without a subscription are not able to see the full content.

The Late Antonio Cassese

Print publication date: 2012

Print ISBN-13: 9780199691661

Published to Oxford Scholarship Online: September 2012

DOI: 10.1093/acprof:oso/9780199691661.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2018. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a monograph in OSO for personal use (for details see www.oxfordscholarship.com/page/privacy-policy).date: 19 December 2018

Towards a Moderate Monism: Could International Rules Eventually Acquire the Force to Invalidate Inconsistent National Laws?

Towards a Moderate Monism: Could International Rules Eventually Acquire the Force to Invalidate Inconsistent National Laws?

Chapter:
(p.187) 15 Towards a Moderate Monism: Could International Rules Eventually Acquire the Force to Invalidate Inconsistent National Laws?
Source:
Realizing Utopia
Author(s):

Antonio Cassese

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199691661.003.0015

International law still proves unable effectively to bring about the necessary changes of domestic legislation at odds with international rules. Four measures would be necessary to change this state of affairs. There should be an international judicial body charged with authoritatively establishing, firstly, whether in a specific instance a state has breached a rule imposing to amend national legislation so as to make it consistent with international rules, and, secondly, in the affirmative, enjoining the state to modify its legislation forthwith. A monitoring body should be entrusted with ascertaining whether the state has followed up that ruling. States should pass a constitutional provision stating that any time a national piece of legislation is in conflict with an international norm, such legislation is automatically repealed or, at a minimum, courts, administrative bodies, and individuals are bound to disregard it. Whenever there is a doubt or a dispute on whether national legislation conforms to international rules, national courts as well as natural and legal persons should be empowered to bring the case before an international court, tasked to pass on the matter with legally binding effect. However, the current condition of the world community renders the implementation of the suggested reforms very difficult. Based on the experience of some regional courts, it is suggested that any progress may only occur within regional groupings, not at the universal level.

Keywords:   international law, domestic law, international judicial body, monitoring body, national courts, regional courts

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .