Introduction to International Relations Deneme Sınavı Sorusu #785551

  1. The international law and municipal law are parts of the same legal system.
  2. To apply the rules in the other realm, a given rule must be transferred into the realm of the other legal system.
  3. International law and municipal laws are two separate legal systems so that there cannot be a conflict of rules.
  4. There is only one legal realm in the world.
  5. Both international law and municipal law can be applied directly.

Which of the above are stipulated by Monist View?


I and II

II and III

I, II and IV

I, IV and V

II, III and IV


Yanıt Açıklaması:

Because some issues are regulated by both international law and municipal laws, and since the main actor in both legal systems is the state, there is naturally a relationship between the two legal systems. There are, however, two aspects or problems to be dealt with.

  • First, when rules of the two systems on the same issue conflict, this must be settled.
  • Second, as there are common issues and actors, can rules of one legal system, thet is those of international law, be directly applied in the relam of the other system?

There are two different ways to answer these questions.

First is the Dualist View. This stipulates that international law and municipal laws are two separate legal systems so that there cannot be a conflict of rules. What about the application of the rules of one to the other? This perspective stipulates that to apply the rules in the other realm, a given rule must be transferred into the relam of the other legal system. On the other hand, the Monist View differs. It stipulates that international law and municipal law are parts of the same legal system, because there is only one legal realm in the world. In the case of a conflict of rules, some argue that international law is superior over the municipal rules, but others differ. Both views are grounded in reason.

As to the issue of transfer of rules, the Monist View stipulates that there is no need to transfer the rules from one to the other, simply because they are parts of the same legal system. Thus, both can be applied directly. As also understood from the information given, the correct answer is D, in other words the first, the fourth and the fifth options reflect the Monis View. The second and the third options, by contrast reflect the Dualist perspective. The Dualist View stipulates that international law and municipal laws are two separate legal systems so that there cannot be a conflict of rules. This perspective also stipulates that to apply the rules in the other realm, a given rule must be transferred into the relam of the other legal system.

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