INTERNATIONAL LAW AND MUNICIPAL LAW: TOWARDS A UNIFYING FRAMEWORK OF APPLICABILITY

Abstract

All over the world, there is a mounting concern about the effect international law has on the municipal system and the effect of municipal law on the international system mostly when disputes may arise, and which legal regime may apply. In the absence of a coherent theory explaining these issues, problems are bound to reign amongst policy makers, politicians and jurist over which course to take in resolving conflicts and issues arising. A doctrinal approach and a comparative analysis of the application in Nigeria, South Africa and Namibia reveal a divergence in the reception and application of international law. The paper therefore concludes that there is the need for a universalist system to broaden the scope of research in this area.