The Relationship between International Law and National Law

The Relationship between International Law and National Law

The result is often referred to as crystallization. In general, national courts are not expected to apply national legislation in a way that is inconsistent with international treaties, but there is no expectation that the inconsistent legislation is deemed null and void.
This may sound simple enough. However, since the law is not a science, national courts are not always consistent in their respective approaches to customary international law. Essentially, the problem begins with national constitutions. National courts must first begin by reference to their own constitutions. National constitutions determine the status of international law within the national legal order. In this paper, the difficulties implicit in national constitutions in shaping and defining the relationship between national law and international law are examined in the context of the UK’s constitution.
The extent to which the reciprocal application of international and national laws by national courts and international tribunals function effectively is compromised by the interpretation of and application of international treaties at the domestic level. An obvious difficulty arises when a domestic constitution incorporates international treaties and interprets them in accordance with domestic practices and policies. As there are divergent political and legal cultures worldwide, interpretations and applications of international treaties may differ from one country to another.
Complicating matters, some constitutions may even fail to incorporate international treaties. The UK provides an even more interesting enigma in that it does not have a written constitution. The UK’s constitution is comprised of a convention, common law, and various statutory instruments. The difficulty for the UK is&nbsp.manifested by the fact that state constitutions will generally direct how and where an international treaty stands in relation to national statutes.&nbsp.

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