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The inherent nature of human beings is their unpredictability in terms of behavioural conduct. States, groups and International Organizations, like individuals who constitute members of these social formations suffer from this inmate problem. Therefore, for law to really serve its purposes, a competent and proper body that has a recognized authority must make such law, it should be enforceable. Any law that cannot be enforced is no law. It should be dynamic because society in which it operates is dynamic. It should be consensual, international law is consensual; National law is also consensual. By this fact, it becomes imperative to note that the relationship between the two systems of law is not a relationship of supremacy but a relationship for an aim to bring peace and order to the World as well as to individuals. The theories propounded by the various schools of thought tilt towards the assertion that the relationship between the two systems of law is one of supremacy which invariably means that Municipal law should concede to the notion that International Law is supreme or International Law should recognize that Municipal Law is supreme. It is only on this basis that recognition of the relationship between the two systems of law will be appreciated. This project varies from the above mention perspective and shows that the relationship between International Law and Municipal law is co-ordinated to meet the demands of the changing world and not based on an assertion of supremacy. This is done by examining the positions of the Monist-Dualists debate.
I thank God Almighty who has been my courage, my truth, who brought me and who gave me the faith to know that I can do this.
I am most grateful to my Supervisor, Barr. Michael Inyang; who is a Mentor. From him I have learnt that, no matter how difficult a thing may be, if it must be done, it is worth doing well, every effort is worth it and every sweat is the sacrifice.
I appreciate my friend Kenneth and my family for the love and word of courage.
I am grateful to all my lectures in the Faculty of Law who has broadened my mind with wisdom and knowledge of the challenges and the possibilities outside and has given me the insight to think tall, I hold you all in highest esteem.
God bless you all.
TABLE OF CONTENTS
Title page - - - - - - - - i
Declaration - - - - - - - - ii
Certification - - - - - - - iii
Dedication - - - - - - - - iv
Acknowledgements - - - - - - - v
Table of Contents - - - - - - - vii
Table of Cases - - - - - - - - x
Table of Statutes - - - - - - - xiv
List of Abbreviations - - - - - - - xvi
Abstract - - - - - - - - xvii
TABLE OF CASES Pages
Attorney General for Canada v Attorney General for Ontario (1973) AC 326
Al-Sadoon and Mufhdi v Secretary of State for Defense (2009) EWCA 7
Baccus v Servico National Del Trigo(1957) 1 QB 438
Bankovie v Belgium (2001) 11 BHRC 435
Barcelona Traction’s Case (1970) ICJ 32 p. 33
Chairman Moro Local Government v Lawal (2008) All FWLR (Pt. 440) 684
Chief J. E. Oshievire v British Caledonian Airways Ltd (1990) NWLR (pt. 160) 507
ComandClem Nigeria Limited v Twenty-Two Infringing Companies Suit No. PHC/CA/CS/92/2000 (Unreported) Ruling Delivered on 8th March, 2012
Date Power Systems Plc v Will and Bush Ltd (2008) 8 NWLR (pt. 716) 699
Dow v Attorney General of Police (1992) 103 ILR
Exchange of Greek Population’s Cases (1925) 10 PCIJ 20
Gani Fawehinmi v Sani Abacha (2000) 6 NWLR (Pt. 660) 228 at 631
Garuba v Attorney General of Lagos State(Unreported) Ruling delivered on 31st October, 1990.
Head Money Case: Edye v Robertson (1884) 112 US 580
Halaoui v Grosvernor Casinos (2002) 17 NWLR (pt. 795)
Lekwol v Judicial Tribunal (1993) 2 NWLR (Pt. 276) 410 at 447
Maclain Watson v Department of Trade and Industry (1988) 3 NLR 1033
Madzimbamulo (Stella) V Lardner Burke (Desmond William) (1969) I AC 645, 3; WLR 1229
Marine and General Assurance Company Plc v Insurance Ltd (2006) 4 NWLR (pt. 971) 622
New Patriotic Party v Inspector General of Police (1993) 2 GLR 459
Nicaragua v United States (1986) ICJR p. 14
Okanda v Republic (1970) 9 ILAF 556
Okeke v Attorney General of Anambra State (1992) 1 NWLR (Pt. 215) 60 at 86
Parliament Belge Case (1874) 4 PD 129
R v Keyn (1876) 2 Ex. D 63
R v Secretary of State for Home Department (1991) 1 AC 696
R v Trustees of National Association of Community Practitioner of Nigeria v Medical and Health Workers Union of Nigeria (2008) 2 NWLR (pt. 1072) 575
Tariva v Ministry of Immigration (1994) 9 NZLR 257
Tanlin v Hamnaford (1950) 1 KB 18
Trendler Trading Corporation v Central Bank of Nigeria (1997) QB 529
The Paquele Hubana (1900) US 677, 700
Triquet v Bath (1764) 3 BURR
TABLE OF STATUTES Pages
African Economic Treaty 1991………………………………………….. Article 3 (e)………………………………………………………………….
Mbabwe Constitution 1993
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