Outline the key differences between international and domestic law. Using examples, explain how international laws are implemented and enforced, both within the UK and internationally.

Question 1

Outline the key differences between international and domestic law. Using examples, explain how international laws are implemented and enforced, both within the UK and internationally.

(50 marks)

Question 2

1. Devolution is described in Unit 2 as one of the largest constitutional changes in the UK’s history. Explain what devolution means. (10 marks)
2. Locate sections 4 and 6 and Schedule 3 of the Northern Ireland Act 1998 using a legal database. Explain, citing relevant provisions of sections 4 and 6 and Schedule 3, whether the Northern Ireland Assembly has legislative competence with respect to the following matters:   (30 marks)
   • to establish environmentalism as the only legally protected political ideology, discriminating against all other forms of political opinion
   • to introduce a law establishing a new legal drinking age for the whole of the UK
   • to make trade union membership illegal, in spite of freedom of association as set out in Article 11 of the European Convention on Human Rights
   • to establish a more restrictive night curfew for flights over Northern Ireland. 

Question 3

Legal Skills 1 covered organisation, note-taking and reading methods. Give two examples of how you have put these skills to use during your study of the materials for Block 1.

(10 marks)

Please ensure that you read the learning outcomes and the advice given for these questions

Learning outcomes

TMA 01 tests the following learning outcomes:

Knowledge and understanding:

• international law
• devolution.

Skills:

• interpret and describe legal principles and authority in a logical and coherent way
• present and structure information clearly and accurately using language appropriate for the intended audience
• reflect, assess and learn from your own studies

Sample Answer

TMA 01 – International Law, Devolution and Legal Skills

Question 1: Key Differences Between International and Domestic Law

Introduction

International and domestic law are both crucial to the governance of modern societies, yet they differ significantly in their scope, origin, enforcement, and authority. This section outlines these differences and explains how international law is applied and enforced, both globally and within the UK.

Key Differences

Source of Law

Domestic law, also known as national law, originates from a sovereign state’s legislative bodies such as Parliament in the UK. It includes statutes, common law, and regulations that govern the conduct of individuals and organisations within the country.

International law, in contrast, is derived from treaties, conventions, customary international practices, and general principles recognised by the global community. It governs the conduct of states and international organisations, rather than individuals directly, although certain international laws (e.g., human rights laws) can apply to individuals.

Jurisdiction

Domestic law operates within the territorial boundaries of a specific country. It is enforced by national courts and legal institutions.

International law applies between states or across borders. Its jurisdiction can be more complex, often requiring states` consent to be bound by treaties or conventions. Enforcement depends on international bodies or agreements between states.

Enforcement Mechanisms

Domestic law is enforced by national courts, police forces, and government agencies. For example, UK courts have clear authority to impose penalties or sanctions for breaches of domestic law.

International law lacks a central enforcement authority. Compliance is usually voluntary, based on the principle of state consent. Enforcement can occur through international courts (e.g., the International Court of Justice), diplomatic pressure, sanctions, or collective action by states. For instance, the United Nations may impose sanctions on a state violating international law.

Legal Subjects

In domestic law, the subjects are individuals, companies, and government bodies. In international law, the primary subjects are sovereign states and international organisations. However, certain areas like international human rights law directly apply to individuals.

Implementation and Enforcement Examples

Within the UK

The UK is a dualist system, meaning international law does not automatically become domestic law. International treaties must be incorporated through national legislation to have legal effect domestically. For example, the European Convention on Human Rights (ECHR) was incorporated into UK law through the Human Rights Act 1998.

Once incorporated, UK courts can apply international legal principles. However, unincorporated treaties do not create domestic legal rights.

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