The Relation between International Law and State/Muncipal Law Hikmahanto Juwana FACULTY OF LAW UI

Can individuals invoke international law before domestic courts? Can the individuals gain rights under international law which they can enforce within the municipal legal system? Essentially whether municipal courts will give effect within the domestic system to rules of international law which are contrary, or not contrary, to domestic law. What is State attitude to and reception of international law (treaty or customary international law) FACULTY OF LAW UI

Theories on the Relation Monistic School Monists have a unitary concept of law and see all law, and consequently international and municipal law, as an integral part of the same system Should there be conflict between the two: Primacy on International Law Primacy on National Law Dualistic School Dualists see domestic law and international law as independent of each other The two systems regulate different subject matter Dualists hold that the two systems are mutually exclusive and can have no contact with and no effect on each other If international law applied within a state it is only because it has been expressly incorporated into municipal law. FACULTY OF LAW UI