Bridging the Gaps Between International and Domestic Law: Strengthening Human Rights and Human Security Protections
Öz
The paper examines the complementarity between international law (the law of nations) and municipal (domestic) law, emphasizing their roles in governance and human rights protection. While much research has explored the interaction between international and domestic law, there remains a gap in understanding how inconsistencies between the two systems directly impact human rights and human security at the national level. Municipal laws often rely on international standards to align national legal frameworks with global expectations, a synergy particularly noticeable in areas such as environmental law, trade regulations, and human rights. However, domestic implementation of international norms is frequently impeded by legislative, institutional, and political barriers. The paper illustrates how conflicts between international obligations and domestic legal principles can create friction and enforcement gaps, undermining human rights protections. The analysis uses a doctrinal research method and draws on examples from various legal systems, such as the challenges faced by countries like the United States, where domestic law sometimes conflicts with international human rights obligations, and the European Union, where the incorporation of international treaties into national legislation has led to more effective protection of human rights. In conclusion, the paper stresses the importance of bridging the gap between international and municipal laws through stronger legislative measures, such as treaty incorporation and constitutional mandates.
Anahtar Kelimeler
Unveiling, Complementarity, Law of Nations, Municipal Law, Missing Gaps
Kaynakça
- Andreopoulos, G. (2005). Human Rights: Between Idealism and Realism. Political Science Quarterly, 120(1). https://doi.org/10.1002/j.1538-165x.2005.tb01338.x
- Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro). (n.d.). International Court of Justice. Retrieved January 5, 2025, from https://icj-cij.org/case/91
- Ashworth, A., & Redmayne, M. (2019). Principles of Criminal Law (8th Ed.). Oxford University Press.
- Aston, P., & Goodman, R. (2013). International Human Rights: The Successor to International Human Rights in Context: Law. Politics and Morals, Oxford University Press.
- Attard, F., & Fitzmaurice, M. (2022). Treaty Interpretation. In Elgar Encyclopedia of Human Rights. https://doi.org/10.4337/9781789903621.treaty.interpretation
- Barcelona Traction, Light and Power Company, Limited (Belgium v. Spain) (New Application: 1962). (n.d.). Retrieved January 5, 2025, from https://www.icj-cij.org/case/50
- Brown, J. (2019). International and Municipal Law: A Comparative Study (3rd Ed.). Routledge. Byers, M. (1995). Custom, Power, and the Power of Rules-Customary International Law From an Interdisciplinary Perspective. Michigan Journal of International Law, 17, 109. Byers, M. (1999). Custom, Power and the Power of Rules: International Relations and Customary International Law. Cambridge University Press. Byers, M. (2015). International Law and the Responsibility to Protect. In C. Chinkin & F. Baetens (Eds.), Sovereignty, Statehood and State Responsibility Essays in Honour of James Crawford (pp. 23–50). Cambridge University Press. https://doi.org/DOI: 10.1017/CBO9781107360075.006
- Cassese, A. (2011). International criminal law: cases and commentary. Oxford University Press.
- Chesterman, S. (2004). You, The People: The United Nations, Transitional Administration, and State-Building. Oxford University Press.
- Chinkin, C. (1998). International Law and Human Rights. Human Rights Fifty Years on: A Reappraisal, 105, 118–119. Convention on the Rights of the Child, (1991).