ABSTRACT

This chapter explores both the potential harmonizing and disharmonizing effects of international treaties within domestic legal systems. It examines whether, and in what circumstances or settings, international treaties and conventions either suppress or promote multijural effects. The chapter reviews the main theoretical models that have been developed by international lawyers to describe the interaction of the international and domestic legal systems. The chapter proceeds with an examination of various factors that influence the potential domestic multijural effects of treaties. Theoretical approaches to the relationship between domestic and international law have traditionally fallen into two principal schools of thought: 'monism' and 'dualism'. The practical consequence of the dualist view of the relationship between the domestic and the international legal orders is the essential insularity of the former. International treaties and conventions assume different forms and address different types of subject matter, all of which may play a role in their potential multijural effects.