Law 2101 Chapter : International IL[2-14][14-24]Oct 14
Document Summary
Il-2 the dualist approach to to integrating international law into. How does canada give effect to international law? domestic law. One kind of international law flows directly into the canadian legal system through a theory of international law reception called monism . Another type of international law can only enter canadian domestic law once transformed through a processes enumerated through a theory of international law reception called dualism : dualism review. Under the strict rule set out in capital cities communications, international treaties exist in the international sphere, and can only enter the domestic sphere if they are transformed into domestic law. Sections 91 and 92 of the constitution determine whether it is federal or provincial. Parliaments that adopt legislation to transform international law into domestic law. While treaties need to be transformed to have domestic effect, courts will read the domestic legislation so as to conform to the international treaty, where possible.
