Sociology | Mercantile Law | International Law | International Relations

EXPONENTS
Tripel and Anzilotti are the chief exponents of dualistic theory.

VIEWS
The dualistic theory also known as the ‘Pluralistic’ theory is in total contrast to the views of monistic theory. It needs the translation of international law into national or municipal law for implementation. Without such translation there won’t be any international law. In short, to make a treaty signed a part of their national law; the legislative authority is ought to perform.

CRITICISM

• Seeing International Law and Municipal Law as separate would mean that International Law cannot be a part of Municipal Law => It cannot be operated as law of land unless specifically transformed.
• This is incorrect because internationally recognized fundamental rights are applicable even in municipal law even if state does not like it.
• It is incorrect to say that international law regulates the relationship between states.
• pacta sunt servanda is an important principle in International law but it is not solely relied on it.

APPLICATION
UK is a dualistic state whereby the parliament as representative of the people’s will is ought to translate the international law into its municipal law for effective implementation.

In a broader range, approximately all the common wealth countries are dualist in this sense.