The Doctrine of Greater Israel: A Geopolitical Flashpoint in the Middle East?

 Two Systems, One World: Understanding the Legal Tug of war between Nations and the Globe. 

"The end of law is not to abolish or restrain, but to preserve and enlarge Freedom" — John Locke

 

Domestic law and International law are distinct legal systems with different scopes and subjects. Domestic law governs within the boundaries of a single state, applying to individuals, organizations, and entities within that state’s jurisdiction. International law, on the other hand, regulates the conduct of states and other international actors, focusing on relations between nations and international organizations.

SCOPE:

Domestic Law, sometimes called national law, refers to the legal frameworks and regulations that are enacted and enforced within a specific country. It governs the conduct of individuals, organizations, and government entities in their interactions with each other. Understanding domestic law is crucial in the context of how international agreements, like treaties, are integrated into a nation’s legal system, especially regarding the treaty-making process and the role of Senate ratification. Domestic law encompasses a wide range of legal areas including criminal law, civil law, rights, contracts, and family law. Domestic law can vary significantly from one country to another, reflecting different cultural, historical, and social values.

International law, on the other hand, is also known as public international law, and the law of nations, as the set of rules, norms, legal customs and standards that states and other actors feel an obligation to, and generally do obey in their mutual relations. In international relations, actors are simply the individuals and collective entities, such as states, international organizations, and non-state groups. International law is a product of the relations between international actors. Rules are formal, typically written expectations that outline required behavior, while norms are informal, often unwritten guidelines about appropriate behavior that are shaped by custom and social practice. It establishes norms for states across a broad range of domains, including war and diplomacy, economic relations, and human rights.

SUBJECTS:

For Domestic law, individuals, corporations, and other entities within a state are subject to its laws. That is to say, domestic law forms the basis of a state’s constitution on how the government should be run and public life should be governed. While for international law, the subjects to its laws are primarily state actors; according to Article 1 of the Montevideo Convention on the Rights and Duties of States, a state is defined as a legal person with a permanent population, a defined territory, government and capacity to enter relations with other states. It also includes international organizations such as the UN, the WTO, the World Bank and the IMF, and under international law are allowed to also enter into relations with member states. And in some cases, individuals, particularly abusers of human rights.

ENFORCEMENT:

In most countries, domestic law are enforced by agencies empowered by laws passed by the legislative branch of the state’s government. These laws outline the specific powers and authorities that these agencies have, such as the power to arrest suspects, investigate crimes and enforce laws. The extent of these powers and authorities can vary depending on the country or jurisdiction in question. For example, some countries may have more robust police forces with greater powers than others. Additionally, there may be different levels of government within a single country, each with its own set of rules and regulations for law enforcement. Overall, the powers and authorities of domestic law enforcement agencies play a crucial role in maintaining public order and ensuring the rule of law within a society. International law differs from state-based domestic legal systems in that it operates largely through consent, since there is no universally accepted authority to enforce it upon sovereign states, since its just practically states relating together and ensuring there is global peace. States and non-state actors may choose to not abide by international law, and even breach a treaty, but such violations, particularly of temporary peremptory norms, can be met with disapproval by other states and in some cases coercive action including diplomacy, economic sanctions, and war. The lack of a final authority in international law can also cause far reaching differences. This part is partly the effect of states being able to interpret international law in a manner which they seem fit. Thus can lead to problematic stances which can have large local effects.

RELATIONSHIP BETWEEN DOMESTIC AND INTERNATIONAL LAW:

There are generally two approaches to the relationship between international and domestic law, namely "monism" and "dualism." Monism assumes that international and domestic laws are part of the same legal order. Therefore, a treaty can directly become part of the national (domestic) law without the need of enacting legislation, although they will generally need to be approved by the legislature. Examples of countries with monism approach are France and the Netherlands. The dualism approach considers that national and international law are two separate legal orders, so treaties are not granted a special status. The rules in a treaty can only be considered national law if the contents of the treaty have been enacted first. An example is the UK; after the country ratified the European Convention on Human Rights, the convention was only considered to have the force of law in national laws after Parliament passed the Human Rights Act 1998. However, both domestic and international law both have impacts on each other as domestic law plays a crucial role in implementing international law by establishing legal framework within which treaties must be negotiated and ratified. In the US, for example, while the President has the authority to negotiate treaties, they must be submitted to the Senate for approval. This process ensures that domestic laws align with international agreements and allows legislative oversight over foreign policy decisions. International law can also influence domestic law, particularly in areas where states have obligations under international treaties.

KEY DIFFERENCES 

SUMMARIZED

| FEATURE | DOMESTIC LAW | INTERNATIONAL LAW |

|---------------|-------------------------------------------------------|---------------------------------------------------|

| SCOPE | Within a state's borders | Between states & other international actors |

| SUBJECTS | Individuals, organizations, and entities within a state | States, international organizations & sometimes individuals |

| ENFORCEMENT | Domestic institutions (police, courts) | Primarily based on state consent, reciprocity, international courts and diplomatic pressure |

| SOVEREIGNTY | State has supreme authority within its territory | Sovereignty is a core principle, but states can limit their sovereignty by entering into treaties or accepting international law |

| HIERARCHY | Generally, a clear hierarchy exists (e.g., constitutions over statutes) | No single universally recognized hierarchy |