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Relations between the International Legal Order and the Municipal Legal Orders—a “Perspectivist” View

Relations between the International Legal Order and the Municipal Legal Orders—a “Perspectivist”... Relations between the International Legal Order and the Municipal Legal Orders- a cCPerspectivist" View By ILMAR.TAMMELO READER IN INTERNATIONAL LAW AND JURISPRUDENCE, UNIVERSITY OF SYDNEY MAC.IUR. (TARTU), DR.JUR. (MARBURC), M.A. (MELBOURNE), LL.M. (SYDNEY). The so-called problem of the relations between international law and muniCipal (or internal or State) law has been discussed almost ad nauseam without achievement of a generally acceptable solution. International and municipal legal practice do not appear to have been essentially affected by various suggested solutions of this problem; they seem to follow calmly ways of their own. Sir Gerald Fitzmaurice has declared that "the entire monist-dualist controverJ)Y" (in which the two principal views of the issue clash) "is unreal, artificial and strictly beside the point".[l) Nevertheless noted international legal scholars continue to discuss the problem, for example, Kelsen,(2) Verdross,(3) O'Connell,(4) Starke,(5) and Fitzmaurice himself. Whatever the net result of the solutions offered by them and others may be, the time has not yet arrived simply to dismiss the problem. The way in which it has been discussed and its attempted solutions have created confusion which must be cleared away in order to have free access to theoretical and practical problems in which the relations in http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png The Australian Year Book of International Law Online Brill

Relations between the International Legal Order and the Municipal Legal Orders—a “Perspectivist” View

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Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0084-7658
DOI
10.1163/26660229-003-01-900000007
Publisher site
See Article on Publisher Site

Abstract

Relations between the International Legal Order and the Municipal Legal Orders- a cCPerspectivist" View By ILMAR.TAMMELO READER IN INTERNATIONAL LAW AND JURISPRUDENCE, UNIVERSITY OF SYDNEY MAC.IUR. (TARTU), DR.JUR. (MARBURC), M.A. (MELBOURNE), LL.M. (SYDNEY). The so-called problem of the relations between international law and muniCipal (or internal or State) law has been discussed almost ad nauseam without achievement of a generally acceptable solution. International and municipal legal practice do not appear to have been essentially affected by various suggested solutions of this problem; they seem to follow calmly ways of their own. Sir Gerald Fitzmaurice has declared that "the entire monist-dualist controverJ)Y" (in which the two principal views of the issue clash) "is unreal, artificial and strictly beside the point".[l) Nevertheless noted international legal scholars continue to discuss the problem, for example, Kelsen,(2) Verdross,(3) O'Connell,(4) Starke,(5) and Fitzmaurice himself. Whatever the net result of the solutions offered by them and others may be, the time has not yet arrived simply to dismiss the problem. The way in which it has been discussed and its attempted solutions have created confusion which must be cleared away in order to have free access to theoretical and practical problems in which the relations in

Journal

The Australian Year Book of International Law OnlineBrill

Published: Jan 1, 1970

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