Monistic Theory

Sociology | Mercantile Law | International Law | International Relations

EXPONENTS
It is 18th century’s theory proposed by Moser and Martens. Kelson, Wright and Duguit are the chief exponents of this theory.

VIEWS
This theory lays emphasis on the view that both national and international law are no different things but they are the two phases of one thing. The former regulates the states while the latter governs the citizens residing in these states. Kelson is of the opinion that, ‘Science of law is unified field of knowledge.” He is not ready to consider the clear cut difference between the both as he considers that ‘man is the root of all laws’.

Such states do not need the international law to be translated into national law; it’s just incorporated and gains the automatic effects on the national law. In case of conflict between the national and international laws the later prevails over the former. It is to such extent that the conflicting national law will be declared invalid.

APPLICATION
Germany is a state where treaties have the same effect as legislation. Such states are called ‘Self-Executory States’.

Similarly, United States of America is a state with combined monist-dualist system that prioritizes international treaties over general municipal laws in some cases but not in all.