Ireland Dualism Essay

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Ireland as a state is a member of many international organisations, including the United Nations and the Council of Europe. The state is also a party to many international treaties and conventions. However, even though these agreements have been signed and acknowledged, they have no legal force within the state. The reason for this is because Ireland takes a dualist approach to international law.
Monism and dualism are theories describing the relationship between international law and domestic law. Monism’s doctrine of incorporation states that international law automatically becomes a part of domestic law without any express acts of adoption by the state. This is because in monism, international law and domestic law are viewed as one body.
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If an international agreement is to have any effect within a state, it must become part of the law of the state by means of an act of the Oireachtas. For example, the International Convention on Genocide was incorporated into Irish law by the Genocide Act, 1973. This is known as the doctrine of transformation. This doctrine of transformation reflects the dualist position according to which international law has no binding effect in municipal law unless it is expressly and specifically transformed into domestic law by the use of an appropriate constitutional method. When a treaty is ratified this creates obligations addressed to the state itself, but not to the individuals within the state. This gives rise to two …show more content…
For example, on July 7th, 2017 a vote was held by the United Nations conference to adopt the final text of the Treaty on the Prohibition of Nuclear Weapons, the first treaty on nuclear weapons since 1968. Like every treaty ever proposed and signed in the history of international organisations, those states who support and ratify such treaties are the only ones who can adopt them into their national laws. Therefore, if Ireland were to support such a treaty, the state along with however many others who support it are internationally agreeing that they will prohibit nuclear weapons. Furthermore, this treaty would apply to Ireland on an international stage until transformed into Irish law by means of an act of the Oireachtas, as previously

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