International law is an umbrella term for legal rules and regulations that apply to international affairs. These rules can be applied in part within a country’s legal system. Often, these laws are enacted by the federal government and are published in the United States Code.
National law is a legal system governed by a national constitution or the executive branch of a country. The United States Congress sets federal laws and upholds them. Some of these laws are enforceable by federal courts.
Some national constitutions provide for integrating international legal obligations into domestic law. This process is known as legal harmonization. When a nation ratifies a convention, it becomes a party to that convention. Its status as a party may depend on the treaty’s provisions.
In some countries, only those provisions incorporated into national law are enforceable. For instance, the Education and Care Services National Law Act 2010 establishes a uniform framework for educating children in Australia. Other jurisdictions have followed suit by introducing their own corresponding legislation.
While the concept of an a-national law has gained prominence in recent years, its practical application is still up for debate. Many commentators argue that a-national law is a fad. Others are convinced that it is real and have attempted to define it.
One question that frequently arises is whether national law is a good way to implement international law. The answer depends on a number of factors. Firstly, what is the relevant rule?