AN ERA OF GLOBAL RELATIONS: HOW INTERNATIONAL LAWS INFLUENCE DOMESTIC LAWS

International Law is a field of law that is on constant debate on whether it could be considered as real law as there are no mechanisms to enforce it. There have been debates that international law affects the sovereignty of a nation and makes its way into domestic law through persuasion. It has been debated how international law functions in general. International law has a Western touch to it. It tries to impose Western culture on other nations has been one the most prevalent debates.

We can assume that this Western touch is due to the presence of certain ideologies in Western countries which are lacking in Eastern nations. International law can be considered as to be brought on about to maintain peace and world order and provide a way for nations to seek redressal in case their nation is faced with any foreign or internal disruption. This paper analyses what international law and domestic law are, and the difference between domestic and international law. How they differ in their meaning to the process of creating and implementing these laws.

The paper hopes to analyze and provide a solution on whether the laws made through international treaties and conventions have an impending effect on the domestic laws followed in a nation that has agreed to the treaty. It also tries to analyze whether the sovereignty of a nation is affected by international law. The paper concluded by stating that it is up to the discretion of the nations to a treaty whether they want to accept a treaty and implement the clauses of such treaty into their domestic laws.

They can be either dualists or monists concerning accepting international law and that international law’s effect on domestic law is purely based on the decision of the state. The paper also concludes that the sovereignty of the state is not affected by international law as the states hold the ultimate power to accept or withhold a treaty.