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New Perspectives on the Divide Between National and International Law$
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Janne E. Nijman and André Nollkaemper

Print publication date: 2007

Print ISBN-13: 9780199231942

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780199231942.001.0001

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Dualism—a Review

Dualism—a Review

Chapter:
(p.52) 2 Dualism—a Review
Source:
New Perspectives on the Divide Between National and International Law
Author(s):

Giorgio Gaja

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199231942.003.0003

This chapter presents a cautious approach on the present-day relevance of dualism and underlines the shortcomings of the theory in regard to modern international law. It argues that there cannot be a general answer to the question whether a certain legal system should be regarded as self-contained or not. The answer to this question with regard to any legal system would depend on features that pertain to the system itself. Thus, some municipal systems may have to be considered as self-contained while others may not. This leads to a pragmatic solution of a different kind from the one which is often advocated in textbooks and elsewhere, and which consists in leaving the theoretical debate over monism and dualism aside.

Keywords:   dualism, international law, national law, supremacy of law, domestic courts

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