The Intersection of International Law and Domestic Law

The Intersection of International Law and Domestic Law

A Theoretical and Practical Analysis

Davíd T. Björgvinsson

What are the theoretical and practical issues relating to the intersection between domestic and international law? This important new book discusses how general theories, including monism and dualism, transpire in practice. The author examines several key areas: the rules relating to treaty making and the ratification of treatises, the doctrine of automatic incorporation and transformation, the direct effect of international norms in the domestic system, and a discussion of the principle of consistent interpretation. With a focus on the European Convention on Human Rights, the author concludes that, although traditional theories are still relevant, they fall short in grasping the complexity of the different ways in which the legislator and the courts have given effect to international law on the domestic level.

Chapter 7: Remarks on the judgment of the Supreme Court in the Ægisson case

Davíd T. Björgvinsson

Subjects: law - academic, public international law


This case is considered by many as a landmark case on the relationship between national and international law in Iceland and on the issue of international law as a source of law in the Icelandic legal system. This judgment and several other judgments that followed have led to an exchange of views on this topical issue, where scholars disagree as to how to interpret this judgment. In particular, it is debated whether it should be interpreted as setting aside the principle of dualism, at least in the case of international human rights instruments. Later judgments have also been discussed and whether they should be interpreted as departing from the dualist approach and whether earlier accepted theories and principles relating to the relationship of national law and international law should be reconsidered. Expert opinions differ greatly as to whether these judgments are in conformity with the principle of dualism. As the judgment is very important for the subject matter of this book and reveals different aspects of the manifold bearing unincorporated international human rights treaties can have on the domestic level, it is worth taking a further look at.

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