Both a monist state and a dualist state can comply with international law. All one can say is that a monist state is less at risk of violating international rules， because its judges can apply international law directly. Negligence or unwillingness to translate international law， or delays of translation， or misinterpretation of international law in national law can only pose a problem in dualist states. States are free to choose the way in which they want to respect international law， but they are always accountable if they fail to adapt their national legal system in a way that they can respect international law. Either they adopt a constitution that implements a monist system so that international law can be applied directly and without transformation， or they do not. But then they have to translate all international law in national law. In a monist state we rely only on the judges and not on the legislators， but judges can also be negligent and they can also make mistakes. If a judge in a monist states makes mistakes when applying international law， then the country violates international law just as much as a dualist country that， for one reason or another， does not allow its judges to apply international law directly and fails to translate or fails to translate correctly and effectively. One reason for preferring dualism is precisely the fear that national judges are not familiar with international law—a highly complex field of law and hence are liable to make mistakes.
The problem of“Lex Posterior”
In dualist systems， international law must be translated into national law， and existing national law that contradicts international law must be“translated away”. It must be modified or eliminated in order to conform to international law. However， the need for translation in dualist system causes a problem with regard to national laws voted after the act of translation. In a monist system， a national law that is voted after an international law has been accepted and that contradicts the international law becomes automatically null and void at the moment itis voted. The international rule continues to prevail. In a dualist system， however， the original international law has been translated into national law—if all went well—but this national law can then be overridden by another national law on the principle of“lex posterior derogat legi priori”， and the later law replaces the earlier one. This means that the country—willingly or unwillingly—violates international law.A dualist system requires continuous screening of all subsequent national law for possible incompatibility with earlier international law.
monism / m niz m/n.一元论
dualism / dju liz m/n.双重性，二元论
assume / sju m/vt.假定，设想，承担
contradict / k ntr dikt/v.反驳，抵触，矛盾
precedence / presid ns/n.先例
prosecute / pr sikju t/vt.进行，起诉
confer /k n f/vt.赠予，协议
insofar / ins u f/adv.在范围内
supremacy /sjuprem si /n.至高，主权
implementation / implimen tein/n.实行，履行
predominant / pri d min nt/adj.优越的，卓越的，有力的
simultaneously / sim l teini sli/adv.同时地（联立地）
concur /k n k/vi.意见相同，一致，配合
incompatibility / ink mp t bil ti/n.不两立，不相容
jus cogens绝对法，强制法
l ex posteri or后法（l ex posteri or derogat l egipri ori后法优于前法）
nul land voi d无效
i n conform i ty wi th依照（和一致，符合，遵奉，与一致）
m uni ci palcourt市法院
gi ve ri se to引起（使发生，导致）
the Com m onweal th英联邦
1.onism （ [哲]一元论） ： Monism is any philosophical view which holds that there is nity in a given field of inquiry， where this is not to be expected. Thus， some hilosophers may hold that the universe is really just one thing， despite its many ppearances and diversities； or theology may support theview that there is one God， with many manifestations in different religions.
2. dualism （ [法]二元论） ： Dualismis a legal concept which contends that national law and international law are two separate and distinct areas of law. It can be contrasted with the legal theory of monism which contends the opposite.
3. a peremptory norm （强行规范）： A peremptory norm （ also called jus cogens or ius ogens， Latin for“compelling law”） is a fundamental principle of international law which is accepted by theinternational community of states as a normfromwhich no derogation is ever permitted.
4. an act of Parliament （议会法案）： An act of Parliament is a statute （ commonly called a aw）enacted as primary legislation by a national or sub-national parliament. In ommonwealth countries， the term is used both in a narrow sense， as the formal eion of a law passed in certain territories， and in a wider （ generic） sense for rimary legislation passed in any country.
