Соотношение международного и внутригосударственного права: теоретические аспекты

Abstract

The present article analyzes major theories of correlation between international and municipal law (theories of incorporation, transformation, dualism, monism and the theory of harmonization), as well as the problem of direct effect of international law in the municipal sphere. The article argues that, in fact, there is no “direct” or “indirect” application of international law: international law is either applied or not applied by the subjects of the municipal legal system. The dualistic approach reflects the plurality, juridical independence and sovereign equality of municipal legal systems with regard to international law. Monism shows relativity of state sovereignty, possibility of its collapse as well as the independence and deciding role of international law in situations when a state and its legal system cease to function. However, those who apply international law do not follow any particular model of correlation of international and municipal law. In this respect the author proposes a conception, according to which, international law is an alternative to the municipal legal system and the state should bear legal responsibility for harmonization of its international and munipal legal obligations not only on international plane, but also with regard to the subjects of municipal law.