The legal context for implementation of international law
Legal traditions and systems
- The legal system in force within a State Party has an impact on the ways in which international human rights instruments are incorporated into domestic legislation. In particular, whether a State Party is dualist or monist plays a significant role in the domestic implementation of international law.
- The legal system also affects the ways in which stakeholders can advocate for and support legislative reform.
- There are four main legal systems operating around the world today: civil law, common law, Islamic law, and plural legal systems.
- There are points of overlap between civil law and common law in practice, and either may be combined with Islamic or customary law in a given country.
- The characteristics of each of these systems affect the creation, adoption and enforcement of laws relating to children.
- Even within the broad categories of civil law and common law, there are variations from country to country in the way that the basic principles and historical context are adapted and carried forward.
