Bridging the Gaps Between International and Domestic Law: Strengthening Human Rights and Human Security Protections

Authors : Uche Nnawulezi, Jacques Kabano

Pages : 220-244

Doi:10.58620/fbujoss.1798298

View : 23 | Download : 36

Publication Date : 2025-12-31

Article Type : Research Paper

Abstract :The paper examines the complementarity between international law (the law of nations) and municipal (domestic) law, emphasizing their roles in governance and human rights protection. While much research has explored the interaction between international and domestic law, there remains a gap in understanding how inconsistencies between the two systems directly impact human rights and human security at the national level. Municipal laws often rely on international standards to align national legal frameworks with global expectations, a synergy particularly noticeable in areas such as environmental law, trade regulations, and human rights. However, domestic implementation of international norms is frequently impeded by legislative, institutional, and political barriers. The paper illustrates how conflicts between international obligations and domestic legal principles can create friction and enforcement gaps, undermining human rights protections. The analysis uses a doctrinal research method and draws on examples from various legal systems, such as the challenges faced by countries like the United States, where domestic law sometimes conflicts with international human rights obligations, and the European Union, where the incorporation of international treaties into national legislation has led to more effective protection of human rights. In conclusion, the paper stresses the importance of bridging the gap between international and municipal laws through stronger legislative measures, such as treaty incorporation and constitutional mandates.
Keywords : Açıklık, Tamamlayıcılık, Milletler Hukuku, Belediye Hukuku, Eksiklikler

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