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17 Brit. Y.B. Int'l L. 66 (1936)
Monism and Dualism in the Theory of International Law

handle is hein.journals/byrint17 and id is 70 raw text is: MONISM AND DUALISM IN THE THEORY OF
By J. G. STARKE, B.C.L., Vinerian Law Scholar, Oxford; formerly
Exhibitioner of the University of Western Australia
A STRICTLY theoretical treatment of the relation between
international law and municipal law' is to-day of the utmost
practical importance. While international law is developing at
a pace without precedent in past centuries, there is some danger
that the technique of its growth may be impaired by not giving
a certain weight to theoretical considerations. The purpose of
this article is to deal with the problem from an analytical, posi-
tivist point of view, and to some extent therefore it follows the
principles of the Austrian school, Kelsen, Kunz, and Verdross.2
This is not to say that the conclusions of that school are accepted
without question; only their method is followed, and that method,
it is submitted, represents their most decisive contribution to juris-
The Austrian school constantly employ the concept of the
norm ,3 and it would be well to clarify its meaning as we shall
be employing it throughout the article. A norm shortly is a pre-
scription enjoining a defined mode of action. A norm may be
moral or it may be legal, but the legal norm differs from the moral
by reason of its particular logical structure and its power validly
to direct the human will. It is obvious that such a general concept
is essential for an analytical treatment of law, and indeed it helps
to simplify and purify theoretical method. Municipal law thus
becomes a normative order or particular system of norms having
validity over certain persons within a certain defined territorial
area, while international law is a normative order of wider validity
and operation.
The problem of the relation of these two normative orders is
1 The terms municipal law and state law are used interchangeably through-
out the article to denote the internal law of a self-governing state, and are intended as
a translation of the more exact French expression, droit interne.
The literature on the subject is formidable in quantity. A bibliography is given in
Anzilotti, Corso di Diritto internazionale, 1928 edition, at pp. 45-6.
' See for account of these principles: Modern Theories of Law, paper on Kelsen by
Dr. Lauterpacht; The Theoretical Basis of the Law of Nations, Dr. Kunz in Trans.
actions of the Grotius Society (1924), p. 115; also Revue de Droit International et de Ligis-
lation Comparde (1925), Dr. Kunz, especially pp. 558-60.
I See Morgenthau, La Rdalitd des Normes, for a critical account.

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