Dualistic Theory

Hello friends, today I have brought another topic of international law with you. The topic is called dualistic theory. There are many theories of international law that tell us about the relationship between state municipal law and international law. I have discussed the first theory, the monistic theory. You will find its link in the description. The second theory is dualistic theory. Let's discuss this theory. Before discussing, I would like to tell you that you will find all the links of this chapter in the description. According to this theory, both state municipal law and international law are separate and self-contained legal systems. This theory says that there is a dualism. The dualistic theory says that both state municipal law and international law are separate and self-contained legal systems. International law cannot become a part of state municipal law till the principles of international law are applicable under state municipal law. In simple words, international law cannot become a part of state municipal law till the principles of state municipal law are applicable under state municipal law. This law is also called dualism theory. Economics also has a dualism theory. Proponents of this law also say that the principles of state municipal law are applied by state municipal courts while principles of international law are applied by international courts and tribunals. According to Stark, the main principle of dualistic theory is that the state municipal law and international law are two fundamentally separate and self-contained legal systems. In simple words, this theory says that both state municipal law and international law are separate and self-contained legal systems. According to Angeli Lotti, the state municipal law works in compliance with the law enacted by the state legislature while the principle of international law is to honor the agreement executed between states. On the other hand, state municipal law honors the agreements between states. The basis of separation of these two laws is 1. Customs and Treaties while the case of the municipal law is an enactment by sovereign power. Where does the international law come from? Does it come from treaties or international customs? There are many other sources whose links you can find in the description. On the other hand, who makes the domestic law or the state's municipal law? The government makes it. The international law controls the relations between states The rules and regulations of the international law and the state's municipal law are the relationship between the state and the individual. The main cause of compliance of state law is fear of punishment while the basis of compliance of international law is moral liability, vested interests and sanctions. On the other hand, why do we follow state law? Because we are afraid of punishment. On the other hand, why is international law followed? Because there are some moral liabilities on every country, which have to be followed at the international level. I hope you liked this video. If you liked it, then please like, share and subscribe. You will find the link of the next theory in the description. Take care. Bye-bye.