The Conflict Between International And Domestic Law In The Constitutions Of The Economic And Monetary Community Of Central Africa

Maire Jacqueline

Assistant, Department in Public International Law, University of Maroua Cameroon


Abstract

This paper examines the relationship between international law and domestic law, with a focus on the issue of conflict between treaty provisions and domestic norms. The paper begins by discussing the two main approaches to the relationship between these two legal orders: dualism and monism. It then argues that the practical reality is that international law does have primacy over domestic law, as evidenced by the provisions of the Vienna Convention on the Law of Treaties and by international jurisprudence. The paper concludes by discussing the implications of this primacy for the interpretation and application of treaty provisions in domestic legal systems.