National Law
National Law
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International Law and National Law
Introduction to National Law
Every nation is expected to obey international law. Some nations make international law automatically part of the law of their land. The U.S. Constitution designates ratified treaties, along with the Constitution itself and federal statutes, the supreme law of the land (Article VI) and empowers Congress "to define and punish … Offences against the Law of Nations" (Article I, Section 8). Customary international law is automatically incorporated into the U.S. legal system as federal common or unwritten law.
In cases involving international law, U.S. state and federal courts presume that U.S. law conforms to international law; such an attitude has been urged consistently by the Supreme Court of the United States.
In some countries, such as the United Kingdom, treaties do not become effective in national law until they are enacted by Parliament.
In other countries, a treaty or customary international law is given constitutional status superior to national legislation. How a sovereign state adopts and applies international law is generally left to its discretion, so long as it conforms to the law in the end.
Whatever the constitution or legal system of a nation, it cannot use its domestic law as an excuse to breach an international agreement or violate an international rule. This was made clear during the war crimes trials held in Nürnberg, Germany, following World War II. The Nürnberg tribunals rejected the defense that certain acts, such as the killing of prisoners of war, were permitted under the domestic laws of Nazi Germany. The tribunals held that such laws were null and void because they contravened the generally valid rules of warfare. It also held that the individuals responsible for issuing and executing such laws were criminally responsible for grave breaches of international law. Today, international human rights courts often declare national laws incompatible with international rules and may award compensation to those whose rights have been violated." (1)
Resources
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Notes and References
Information about National Law in the Encarta Online Encyclopedia
Guide to National Law
Hierarchical Display of National law
Law > Sources and branches of the law > Source of law > Legislation
European Union > European Union law > EU law > Approximation of laws
National law
Concept of National law
See the dictionary definition of National law.
Characteristics of National law
Resources
Professional Content and Learning Tools
Lawi offers educational solutions and professional insight, integrating content, tools, and practical technology to promote lifelong learning, personal and professional improvement, and human progress through knowledge. Our collections feature resources and solutions from a wide range of subject areas, from management and finance to law and cybersecurity. This text is only a brief introduction. If you would like us to expand on this content, please let us know in the comments. If you’re finding our platform and publications valuable, share it with a colleague or friend, leave a comment and consider subscribing if you haven’t already (thanks!). There are group discounts, gift options, and referral bonuses available.
Translation of National law
Spanish: Derecho nacional
French: Droit national
German: Nationales Recht
Italian: Diritto nazionale
Portuguese: Direito nacional
Polish: Prawo krajowe
Thesaurus of National law
Law > Sources and branches of the law > Source of law > Legislation > National law
European Union > European Union law > EU law > Approximation of laws > National law
See Also
Including similar content viewed by others, in case you missed it:
Domestic law
Internal law
Legislation of the Member States
National legal system
National legislation
National regulations