Relationship between International and National Law

Question: Discuss about the Report on Relationship between International and National Law? Answer: Introduction The present research paper based on the critically exploring all the fact and findings of international law and national law. The selected country region in the county is United Kingdom. England, Scotland and Wales are the three countries, which represent United Kingdom. The law of United Kingdom is critically compared with the law of the European Union. In the study, the law of United Kingdom comprises the domestic law and on the other hand, the law of European Union comprises of the international law[1]. All the major Acts and laws of the European Union are analyzed with the Acts and laws of the United Kingdom. Generally, the United Kingdom legislation does not maintain any written law and legislations. United Kingdom Legislation does not maintain proper-coded constitutions. On the other hand, the European Union Law maintains a proper-coded constitution. This is one of the most important points in the present study. There are certain advantages and disadvantages of maintaining coded and de coded legislation procedure. This part of the study will summarize the entire structure of the research paper. There are several parts in this particular investigation procedure. The introductory part of the study will highlight the two legal systems, which are highlighted in the study. The second part of the research paper will highlight the background of the investigation procedure. The background of the investigation procedure will analyze what are the key areas and points, which are heighted in the study. The most important point is the rationale of the study, which concludes different issues that can be derived from the topic. The research questions of the study, which are developed by the investigator, will analyze all the key points and areas of the two legal systems. This part of the study will analyze the key relationship point of the two-selected legal system. The following part of the study will highlight different kinds of research methodologies which investigator will use in order to outline the ent ire investigation procedure [2]. The significant part of the entire research methodology is the application of the data analysis procedure. The researcher in the entire investigation procedure has decided maintain the cost factor in the entire investigation procedure. The concluding part of the entire investigation procedure will summarize the entire investigation procedure. Background of the Study The study covers all the Acts and legislations of international law and domestic law. At the initial stage international law and domestic law differs in magnitudes. Domestic law of every country governs the behaviors and actions of different individuals within the country. On the other hand, international law governs the behavior and actions of bodies of government, which includes state or a country. Generally, there are three branches of every government. Depending upon the requirements of the country the three branches of the government are divided into executive branch, judicial branch and legislative branch. The concept of enforcement plays an important and vital role in both international law and domestic law. International law lacks a common executive. On the other hand, majority of the domestic law can be executed. The study will analyze critically all the major factors which differentiate between international law and domestic law. In the study, the constituency of the United Kingdom and the constituency of the European Union are highlighted. One of the major advantages of the United Kingdom law is the legislation are not coded. With indicates that the government can maintain flexibility in the rules and regulations. If required it can be amended within a specific period. The voting system and the human rights are the two crucial factors, which determine the legal contribution. European Union follows a coded legislation, which indicates less flexibility. Rationale of the Study This part of the study will cover three important points. The three points of the study are highlighted in the following part of the study:- What is the issue? Why is the issue? What is the issue now? The study will focus on the three important factors, which will contribute the rationale of the study. The study covers all the critical areas of the international law compared with the domestic law. It will critically analyze all the important areas of the legal structure of the United Kingdom with the Legal structure of the European Union. In the era of globalization, the role of the legal system plays a vital role [3]. For example if a company in Australia wants to develop its legal structure in the United Kingdom, it is one of the very difficult part to follow the a proper legal system. In this particular case, the concept of the legal system plays a vital role. The European Legal structure develops a versatile legal system, which offers majority of the companies to follow a proper structure off a legal system. This particular option is not applicable in the legal system of the United Kingdom. There are negligible issues, which are highlighted in the entire investigation procedure of the selected topic [4]. Both the legal structure of the United Kingdom and European are developed based on the requirements of the county. Sometimes it becomes one of the most different points to compare and to conclude relationship of the national legal system with international legal system. Both the legal system has specific features. The notion of feature includes different concepts of the two legal systems, which includes different applications based on the requirements. In order to compare and contrast a national legal system with international legal system, the Legal system of the United Kingdom is highlighted with the legal system of the European Union. Both the selected legal structure maintains a unique relationship. The relationship of the legal structure of the United Kingdom is almost same with the European Union. All the important factors such as different of legislations and different kinds of Acts are highlighted in the study. The national law and the legal system of any country are developed by keeping in mind the requirements of the country and on the other hand, the international legal system is devel oped by analyzing all the factors of the national legal of different country. The ultimate relationship in this context can be concluded with this particular point is all the legal system of any country is developed, keeping in mind the different needs and requirements of the country and by ensuring a proper reservation of the human rights in the country. Research Questions The investigator keeping in mind the requirements of the research work develops research questions. Initially the researcher has developed five questions based on the national and international law. Q1) what are the different characteristics of the legal system of the United Kingdom which will conclude about the relationship with internal legal system Q2) how the legal system of the United Kingdom differs from the legal system of England, Wales and Scotland Q3) what are the key points, which can be concluded, after relating the legal system of the United Kingdom with European Union Q4) what are the major drawbacks and loopholes of the legal system in the United Kingdom Q5) what are the major drawbacks and loopholes of the legal system of the European Union Research Methodology The outline of the research process is known as the concept of the Research methodologies. The present study mainly deals in the process of analyzing all the critical factors of the national law and international law of United Kingdom [5]. Majority of the research work is conducted with the help of the secondary data analysis. The notion of the secondary research is done with the help of the data, which are already being published. For example, different kinds of legal and official websites, different kinds published newspapers, journals and articles are the key of data. The investigator in order to conduct a proper investigation procedure based on analyzing different points on local and national legal system also organized primary data analysis. The entire data analysis techniques were divided into primary data analysis procedure and secondary data analysis procedure [6]. The application of the qualitative and the application of the quantitative are the two important parts in the en tire data analysis techniques. The primary data analysis procedure is a much time consuming process and requires a lot of cost in the process of organizing. Resources are limited; the job of the investigator is to complete the research work with the limited resources. On the other hand, to complete the investigation process on time is another challenging job for the analyst in the operations of the investigation process. Keeping in mind the requirements of the investigation procedure the researcher has decided to organize only secondary data analysis process. With the help of the secondary data analysis, the investigator has organized the entire investigation procedure based on national and international legal structure of the United Kingdom. The other three other component in the research outline is research philosophy, research approach and research design [7]. There are several research approaches, research designs and research philosophies in the investigation procedure. The job of the researcher is to analyze all the factors of the investigation procedure based on the requirements of the research work. Post positivism is one of the most significant research approaches. The investigator in the process of organizing the research work on national law and international law the researcher has decided to use the concept of post positivism philosophies. With the application of the post positivism, research philosophy the investigator in the operations of the investigation procedure will be able to support the research work with secondary data, real facts and findings. Research approach is another mode of research methodology, which ensures the investigator, to support the investigation procedure by analyzing different kinds of theories and models. Sometimes it becomes very much different for the investigator to decide whether to choose inductive mode of investigation procedure or weather to use deductive mode of investigation procedure. Both the inductive method and the deductive method have different utility in the investigation procedure [8]. In the present research paper on comparisons between international law and national law, the investigator has decided to use the concept of inductive method. As compared with deductive method of research approach, the investigator has decided use the concept of the inductive method of research approach. The main difference between the applications of the inductive method of research philosophy with the deductive method of research philosophy is the application of different theories [9]. The application of t he inductive method of research philosophy includes the concept of the concerned with development of new theories emerging from different analysis of different scientific data. Deductive method of research approach mainly covers all the areas of testing theories. Generally, the application of the inductive method of research approach is more expensive as compared with the deductive method of research approach. Cost is one of the most crucial parts in the entire investigation procedure as resources of the organizations are limited. Application of existing theories and development of new theories is the ultimate objective in the process of inductive method of research approach [10]. The concept of research design refers to the overall research strategies ensuring an effective research work. This part of the research methodology concludes the overall design for data collection method and techniques. There are different kinds research designs. Sometime it becomes very much difficult for the investigator to choose the accurate research designs for the selected research problems, Challenges and problems are always present in different kinds of investigation procedure. The researcher in the study has done a lot of investigation procedure in order to conclude about the best research designs. The concept of research design is known as the blue print of the research proceedings to conduct a proper research work. Plan of executing different collected research data can be done with the application of the research design. The overall plans and proceedings for answering the answering the research questions or testing the research hypothesis is the ultimate objective of the research designs. In the present research paper, the investigator has decided to use the concept of the descriptive research designs. Depending upon the nature of the research work on national and international law the investigator has decided to use the concept of descriptive research design. Descriptive research design brings more sustainability in the entire investigation procedure. Applying descriptive method of research designs will ensure the investigator to carry on an in dept analysis on national law of United Kingdom and international law of European Union. The investigator in the operations of research used the overall research methodology to develop this particular research paper based on the comparisons of the national law and international law. The investigation in the study has critically analyzed all the facts and findings based on the national law of England, Wales and Scotland with international law of European Union. As mentioned cost is one of the most crucial part in the entire investigation procedure a resources of the organizations are limited. The investigator in the present research work has ensured in the optimum utilization of resources. In the investigation procedure, the researcher has skipped the primary source of data collection [11]. The qualitative source and the quantitative source of data collection are quite expensive as compared with the secondary data collection. In order to make the entire investigation procedure in a cost effective manner the investigator has decided to support the study on national and int ernational law on secondary method of data collection. In the outline of the investigation procedure, the investigator has used all the application of the research methodology in an accurate manner. The investigator has done a remarkable job for deciding the entire outline of the investigation procedure. Data Sampling Data sampling analyses a significant portion of the analysis procedure. In order to make the entire investigation cost efficient the investigator has decided to use the application of the secondary method of data collection. The secondary mode of data collection techniques includes different kinds of research analysis of different journals, articles and books. One of the most important part in the entire data analysis procedure is the investigator has used different official websites of legislative system of the government of the United Kingdom and with the European Union. The investigator in the entire investigation procedure has done a remarkable job in order to make the entire investigation procedure cost effective and cost efficient [12]. Nearly the analyst concluded about different books and different journals to conclude the entire investigation procedure with effective information. Literature Review The consolidation process of the legal system was started with the advent of the European Union. National law and international law are the two important factors, which are the major two constituents of the present study. Legislation of the United Kingdom and the European Union are the two important bodies, which are highlighted in the study. With reference to this context, European law divided different legislation [13]. One is the primary legislation and on the other hand, secondary legislation. Primary legislation is the basic ground of all European Law action. The secondary legislation includes three important factor of the European Union Law. Regulations, directives and decisions are the three important principles and objectives, which are set out in the rules and regulations of the legislations. The United Kingdom legislation system has three bodies. The notion of the English law is applicable in England and Wales. On the other hand, the legal system of Northern Ireland is based on common law principle[14]. However, the legal system of Scotland is based on civil law principles. The legal system United Kingdom is diversified. England and Wales diverge in more detail rules and regulations of the English law and on the other hand, common law and civil law are the two important points in Scotland and Northern Ireland. The United Kingdom does not have a single legal system since developed by the political Union of previously independent country [15]. Common law, English Law and civil law are the three important factors in the entire legal structure of the United Kingdom. Concept of National Law The domestic legal system of any country comprises the concept of the national law. United Kingdom comprises both national law and international legal system [16]. The objective of the study is to analysis all the factors of the national legal system of the country, which includes different Acts, rules and legislation. The application and the utility of the national legal system are restricted within the national boundary[17]. The application and the utility of the national legal structure is not applied beyond the national boundary of the country. Concept of International Law The concept and the application of the international law are applied globally. The application of the international legal system can be applied globally or nationally. The most significant part of the study is the contribution of the international legal system based on the formulation of the national legal system [18]. Different legal system of different country contributes a significant portion in the process of development of a proper international legal structure. In order to diversify this particular concept the legal system of the United Kind and the legal system of the European are highlighted. Relation between National Law and International Law This part of the study will analyze all the important factors, which are related with the concept of the international law and domestic law. The notion of cooperation and symbiosis are the two important elements, which distinguish the concept between the international law and local law. International law recognizes doctrines and concept created by different national level legislations. The concept monism and dualism are the two important accept which needs to justified in order supporting the concept of national law and international law . The notion of dualism is the international and domestic legal order, which exits in two separate legal orders. Subject, sources and content are the three important factors, which constitutes the three important factors in the dualism. National law has more priority over international law. Monism is the concept of national law has one unitary and coherent system. International law is at the top of the pyramid of the Monism structure. Monism legal structure comprises of different kinds of conflicts in both national law and in international law. The concepts of transportation of international law into domestic law are not required. Under the notion of the Dualism Doctrine, there is a clear distinction between the international law and state level law [19]. Dualism and monism are the two important factors, which comprises international law and domestic law. The doctrine is established by giving top priority to the local level law. Monism Dualism Monism is the concept of the international legal system above domestic legal system, which mainly controls the domestic legal system of a country. Dualism is the concept of the national state interest, which can overrule international legal system. Monism integrates different international values which can override the international legal system of the country Dualism does not integrate different international values, which can override the international legal system of the country. Weather an international legal system or an national legal system, the ultimate objective of any legal system is to protect all the rights and interest of every individuals The concept is same in case of Dualism. The main objective of any legal structure weather national legal structure and international legal structure, the objective of the legal structure is to protect the rights and interest of each individual. The national legal system comprises of different states International legal system constitutes first internal law and then state level law. English Law Judges Session in courts makes the essence of English legal system of England and Wales. The statutory framework of the English law is developed by the first schedule of the Interpretation Act of 1978, which defines certain objectives of the British Islands. British Island comprises of two unions. England and United Kingdom are the two unions, which comprises of the British Union [20]. The statutes of the United Kingdom comprise Act of Old Irish Parliament, Act of Scottish Parliament and Act of United Kingdom Parliament is statute law structure, which comprise the legal system of the United Kingdom and most importantly comprises of the English Law. The idea of the statutory instrument is the principal form, in which the legislation of the English law delegated in Great Britain. There are three levels of delegation in the English law. Executive branch, judicial branch and Legislative branch are the three important branches of delegation in the United Kingdom. The statutory instruments governed the Statutory Instrument Act of the year 1946. All the three-delegated bodies are organized by the statutory rules and regulations. There are certain rules and regulations, which is followed in order to develop a proper Act. Common Law Common law is known as the notion of the case law [21]. A common law is a legal system, which comprises legal the structure of the Scotland. Statutory law and regulatory law are the two important legislative bodies, which comprises the notion of the Scottish legal system. Civil Law Civil law is one of the most important parts in the entire European legislation. The notion of the civil law is a group a legal ideas and system which is derived ultimately from the court of Justice. The Northern Ireland structures entirely developed with civil law as compared with the other two legislation of the country [22]. There are certain formulations of the civil law. Abstraction is the ultimate formulation of the civil law. European Union Doctrine The objective of the study is to analyze all the critical factors of the two legal systems. There are certain factors, which needs to be analyzed critically. The legal structure of the United Kingdom is the notion of the national law and on the other hand, the notion of the European Union is the notion of the international law. This part of the study will cover the doctrine of the European Union. The concept of the EU law is first implemented in the national Judges. The European Union treaties are based on rule of law. This point concludes that every action taken by European Union is formed on a treaty that needs to be approved by the European Union, which indicates different European countries [23]. There are different applications of the EU law. European Union comprises of both National law and international law. One of the most important application of the European law is it confers right and obligations on different authorities on each members of the countries as well as different in different individuals [24]. The authorities in each members of the country are responsible for implementation process of the European Union Legislation in national law. Enforcement of law is equally important as compared with development of the legal procedure. Each members of the country are equally important and responsible for the implementation process of the European Union legislation in the national law and the most significant point is to enforce the law properly and must guarantee for the protection of the of the rights of the citizen under different circumstances. There are different forms of European legislation. European Union is associated with the decision making process of the European Union. Relationship between the UK Legal Structure and with the European Union Important points of the European Union There are 27 countries, which represents the entire European Union. The rules of the European Union is developed keeping in mind the requirement of the countries. There are several points, which determine the advantages of the European Union. Some of the key points are discussed in the study. The rules and regulations of the European Union represent the international part of the comparison study. The following points will help the readers to conclude about the different advantages of the European Union. Low prices of goods The members of the European Union exits in a single market were all the price of the goods and services are low [25]. The notion of the custom tax is not applied in this particular segment. The concept of the custom tax is the tax, which are paid when the goods are transferred from one country to another. With the exclusion of the custom tax members of the European Union is benefited by getting the goods and services in a lower cost. Citizens are freely to move from one country to another in Europe The members of the European Union are allowed to move from one European country to another European country [26]. This is one of the most important advantages because the citizens of the European Union are not required visa for travelling one country to another within Europe. Workers in the European Union are more protected The workers in the European Union are more protected as compared with the workers of the other country. The rules and regulations of the European Union are developed in such a manner by keeping in mind the requirements of the workers and by protecting the legal rights of the workers [27]. The key factors, which are emphasized towards the development of the workers rights, are rules and regulations, workplace timings, working hours, holiday structures and breaks. Overcrowding All the rules and regulations of the European Union are overcrowded. All the citizens are freely to move from one European country to another European country [28]. It this is one of the major advantages and on the other hand, some added this is also a major disadvantage. Single currency There are 27 members in the entire European Union nation. Every nation has own national currency and on the other hand, there is a common European Currency named as Euro. By the application of the European currency, it brings confusion weather to use Euro or weather to use national level currency. Not all policies of the Legal structure are efficient The European Union comprises of different kinds of legislative structure. The entire legislative structure and the legal body of the European Union are equally efficient. All the legal structure of the European Union is developed by keeping in mind the requirement of single country in entire Europe. However, some of the policies of the European Union are efficient and on the other hand, some of the policies of the European Union are not equally efficient [29]. For example in recent time, there were different kinds of issues, which were faced by the common agricultural policy, which resulted in the oversupply, and higher prices of goods [30]. Important points of United Kingdom law The entire United Kingdom rules and regulations maintain a flexible legal structure in the entire United Kingdom. The most important is the UK government maintains a proper decoded law structure. This allows the government to amend the legal structure based on the requirements after a specific period. One of the major disadvantages of the United Kingdom law is the government follows a decoded law structure, which has no written documentation. Research ethics In this research, the researcher has assessed various data on the international and national law by critically. This would make a rationale in distinguishing ideas that involve application of ethical principles of the research. It also includes scientific research on the code of referral of national laws imposed [31]. Thus, there may be various aspects related to human experimentation, academic scandal, scientific misconduct and fabrication of data [32]. International law has been represented by developing the research through scientific community that has transmitted the values ethically [33]. It is identified that ethical issues would be taken into consideration if responsibilities were made through securing actual permission and interests of the participants. Hence, this would be carried through the ideas that make the research effective on motivation and development process. The investigator in the study needs to organize the entire research process by maintaining the ethics in a proper manner. Research ethics is a different approach that is performed in educational communities. Individuals and workers identify these ethics in organizing the aspects that make it influential on the laws performed. There are key issues that are formed on the organizational territory. This includes honesty and integrity that reviews the author and experts of editorial boards. The review process may also contribute to the qualities that stand in the organizational area [34]. If the ethical standards are presented on the unidentified activities, authorship may claim right. To see the perspective of ethics on international and national laws, there are recommendations that will help to make the economy better [35]. Discussion on intellectual property Research ethics regulates on the federal bodies that make it a judgmental among the individuals. The code of framework makes people comfortable in some ways, but the barriers do not form a working environment. It is specifically said that major faculty would discuss the credit but the idea of the research would not attract target audiences [36]. This code has contributed substantially through authorship credit that has a research perspective on holding an introductory statement. Thus, this contributes on the design procedures, interpretation of laws and making the research hypothetical. Conscious of multiple roles The ethical perspectives on international laws have imposed relationships that will exploit others. This would be reasonably good if multiple relationships are created through participants and clients [37]. An interesting area where these types of laws permit would make differential analysis through Data Protection Act and implement rules and regulations in the research area [38]. Follow informed and consent rules Here, individuals and other participants that volunteer the work on risking the benefits relevantly would assist the idea [39]. This will persist by making federal laws reasonable in understanding the ideas that includes: The purpose of the research is expected to make a code of framework through ethical ideas and concepts. Incentives for major participants have a prospect of research benefits. The limit of confidentiality refers to data coding, sharing and archiving. Participants have interacted through major questionnaires, which have to be solved at times. Confidentiality and privacy This will balance on the research issues if participants do not seek enough research instinct. If the information is organized through a periodic behavior, then there will be a lack of confidentiality. On the other side, privacy should also be maintained as well. Proposed provisional research timetable and chapter headings Time Schedule of the investigation procedure Main activities 1st+ 2ndweek 2nd +3rdweek 3rd+ 4thweek 4th+5thweek 6th + 7thweek 7th+ 8thweek Selection of the Research topic Literature review and different theories Investigation procedure of the research paper Data collection Techniques (Primary method and Secondary method) Analysis part of the investigations procedure Findings and research analysis Conclusion and Recommendation Final submission of the Research Paper Conclusion The present research paper is divided into several parts. The objective of the study is to distinguish between the national law and international law. There are several points, which are elaborated in the study and contribute a significant portion in the study. The selected country in the research paper is United Kingdom. The legal structure of the United Kingdom comprises the national legal structure and on the other hand, the European Union legal structure of the study comprises the international legal structure. All the characteristics of both the legal structure are highlighted in the study. The United Kingdom legal structure is the comprised of the legal structure of England, Wales and Scotland. Three different countries maintain three different kinds of legal structure. In England the application of English law is applied, in Wales, common law is applied and Civil law is applied in different parts of Scotland. All the important factors such as different kinds of legislation and different kind kinds of Acts are analyzed in the study in order to highlight the key relationship of both the national legal structure and international legal structure. National Law and international have some specific features. The concept of the national law comprises all the internal factors of the country, which are developed by matching the requirements of the country. The notions of the national law are restricted within a specific geographical region of the country, while the application of the international legal structure is not restricted with in a specific geographical boundary of the country. It is applicable globally. In order to develop a proper investigation process on the present research topic of law, the investigator applies different investigation procedure. Research approach, research designs and research philosophies are the key points, which the investigator in the present research paper applied in the research operations. Mostly importantly, keeping in mind the cost factor of the investigation procedure the researcher in the study applies the concept of the secondary data analysis in order to reduce the cost. Cost is one of th e most effect factors in the operations of the investigation procedure and on the other hand, the other hand the resources of the organizational are limited. By applying the secondary mode of data analysis, the researcher in the investigation procedure will reduce cost in different manner. The main reason for applying the secondary mode of the data analysis because the entire investigation procedure is done based on the published. 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