Réflexions sur le Monisme et le Dualisme dans les Rapports entre Systèmes

This article is an essay on the relationship between dualism and monism in international and municipal law. It attempts to trace the strengths and inadequacies of both doctrines and to consider the matter under the lens of a functional distinction. The question of monism and dualism is asked at different levels and in different contexts, and it thus elicits different answers. The most fundamental distinction seems to be the issue of dualism and monism on the level of the general relations between international and municipal law, and the issue of how international law is concretely introduced into a municipal legal order. Both aspects deserve a separate analysis.

Robert Kolb

Professeur de droit international public à l'Université de Genève, Suisse