[How does International Law differ to National Law?]

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ACKNOWLEDGEMENT

I would first like to express my gratitude for my research supervisor, colleagues, peers and family whose immense and constant support has been a source of continuous guidance and inspiration.

DECLARATION

I [type your full first names & surname here], declare that the following dissertation/thesis and its entire content has been an individual, unaided effort and has not been submitted or published before. Furthermore, it reflects my opinion and take on the topic and is does not represent the opinion of the University.

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ABSTRACT

The study of international law has emerged out as an important aspect of international organisations. There are different stakeholders, playing their part in the progress of international law. National law on the other hand has controlled the internal politics of individual nations. Keeping in view the importance of national and international law, this dissertation highlights the question of what actually is the difference between the two sets of laws is. The first chapter provides introduction to the topic, followed by literature review covered in the second chapter. The third chapter deals with the methodology, while the discussion and analysis is presented in the fourth chapter. The dissertation concludes with the fifth chapter.

TABLE OF CONTENTS

ACKNOWLEDGEMENTii

DECLARATIONiii

ABSTRACTiv

CHAPTER 1: INTRODUCTION1

Background of the Study1

Purpose of the Study2

Problem Statement2

Objectives of the Study3

CHAPTER 2: LITERATURE REVIEW4

International Law and National Law4

Nature and Development of International Law5

Modern International Law7

Subjects of International Law12

Government and Capacity to Enter International Relations15

Non-state Actors16

Special Topics20

CHAPTER 3: METHODOLOGY24

Research Philosophy & Design24

The Research Process25

Rationale for a Qualitative Study26

Data Collection Methods26

Researcher Bias27

Reliability and Validity27

Keywords Used28

Ethical consideration28

CHAPTER 4: DISCUSSION29

International Law after the Second World War29

National Security and the Perception of Threat30

Nature of the State and Perception of Threat30

National Security32

Nature of the Threat to National Security34

The Relationship between Direct Effect and Consistent Interpretation35

Controlling Legal Systems36

Legal Relationships Governed by the Practice of Consistent Interpretation41

Legal Consequences of Indirect Effect47

A Comparative Note: the English Marleasing' (Human Rights Act 1998, Section 3)48

CHAPTER 5: CONCLUSION57

Summary57

Conclusion57

BIBLIOGRAPHY61

CHAPTER 1: INTRODUCTION

Background of the Study

The historical background and development of international law vis-a-vis aliens and minorities through Graeco-Roman law, medieval law, commercial treaty policies, natural law, the impact of nationalism, the doctrines of diplomatic protection, national treatment, and international minimum standard reveal several factors. Traditional international law dealt with a "law of nations," not individuals. Yet gradually, during the seventeenth and eighteenth centuries, the practices and policies of states began to transform and coalesce into a set of standards providing for the protection of the rights of aliens and minority groups through the aegis of the nation-state. Nevertheless, the impact of nineteenth and early twentieth century nationalism, the development and application of the doctrine of Domestic Jurisdiction emerging from the League of Nations Covenant, and the realisation of self-rule for numerous former colonies produced conflicting forces.

Old and new states attempting to demonstrate self-determination and political control over their sovereign territory were confronted with a dramatic rise in alien and minority groups seeking legal identity and rights. The outcome for both submerged factions was, as before, their being viewed as dangerous ...