The Dualist System Clause Samples

The Dualist System. In a dualist system, by contrast, the international rule needs to be incor- porated into a national statutory instrument for it to become binding. As a typical example, the United Kingdom required the 1999 Montreal Conven- tion to be written into a domestic legislation instrument.117 In this system, the international rule, once accepted, becomes a domestic rule, and has no inherent superiority in the pyramid of norms. In theory, with exception of a few particularities, this means that the international rule may be overridden by a posterior domestic rule on the principle of lex posterior derogat legi priori. Consequently, in dualist systems, while a domestic legislation may technically override a pre-existing treaty, doing so would infringe on the principle of pacta sunt servanda established under Article 26 of the 1969 Vienna Convention.118 Courts therefore must try to interpret the texts in a way that reconciles the two.119