SUPRANATIONAL LAW

Gorlachuk Alona
 Plan:
• Introduction to Supranational Law
• Examples of Supranational Bodies
• Supranational Law vs. National Law
• Sources of Supranational Law
• Tasks
• Conclusion
 Introduction to Supranational Law

Supranational law refers to a legal framework that exists above the national level, governing the
relationships between sovereign states and international organizations. It transcends traditional
national legal systems and is binding upon member states.
Characteristics and Features:
1. Sovereignty
Pooling: Member states voluntarily relinquish some degree of sovereignty to a
supranational authority, which can make decisions binding on all parties.
2. Binding Decisions: Decisions made under supranational law are legally binding on member
states, and they must comply with them.
3. Enforceability:
Supranational law often includes mechanisms for enforcement, such as
international courts or tribunals, to ensure compliance.
4. Treaty-Based: Supranational law is often established through treaties or agreements ratified by
participating states.
5. Supremacy:
It holds supremacy over national laws within the scope of its authority, and national
laws may be required to be harmonized with supranational legal norms.
Importance in Global Governance:
1.Promoting Peace and Stability: Supranational law helps
to mitigate conflicts between states by providing a
framework for peaceful resolution.
2.Facilitating Cooperation: It encourages cooperation and
collaboration among states by establishing common rules
and standards.
3.Addressing Global Challenges: Supranational law
addresses global challenges such as climate change,
human rights, and trade, which often require collective
action beyond national borders.
4.Enhancing Economic Integration: Supranational legal
frameworks, such as those in the European Union,
promote economic integration by facilitating the
movement of goods, services, and capital across borders.
5.Upholding Rule of Law: It reinforces the principle of
the rule of law at the international level, ensuring that
states abide by agreed-upon norms and standards.
 Examples of Supranational Bodies
European Union (EU):
Founded: 1957 (as the European Economic Community)
Purpose: Economic and political integration among
member states.
Key Features:
• Supranational Institutions: European Commission,
European Parliament, European Court of Justice.
• Single Market: Facilitates the free movement of
goods, services, capital, and people among member
states.
• Common Currency: Euro, adopted by 19 of the 27
EU member states.
• Legislative Supremacy: EU law has supremacy
over national laws within areas of its competence.
United Nations (UN):
Founded: 1945
Purpose: Promoting international cooperation, peace, and
security.
Key Features:
• General Assembly: Deliberative body representing
all member states.
• Security Council: Responsible for maintaining
international peace and security.
• International Court of Justice: Principal judicial
organ of the UN, settles legal disputes between
states.
• Specialized Agencies: Address specific issues like
health (WHO), education (UNESCO), and finance
(IMF).
World Trade Organization (WTO):
Founded: 1995
Purpose: Facilitating trade negotiations, resolving trade
disputes, and enforcing trade agreements.
Key Features:
• Trade Agreements: Sets rules for international
trade and resolves disputes among member states.
• Dispute Settlement Body: Ensures compliance
with WTO agreements and resolves disputes
between members.
• Trade Rounds: Negotiation forums to liberalize
trade, such as the Uruguay Round and the Doha
Development Agenda.
International Criminal Court (ICC):
Founded: 2002
Purpose: Prosecuting individuals for genocide,
war crimes, crimes against humanity, and
aggression.
Key Features:
• Jurisdiction: Prosecutes individuals
responsible for the most serious crimes of
international concern.
• Independent Prosecutor: Investigates and
prosecutes cases independently of member
states.
• Rome Statute: Establishes the legal
framework and jurisdiction of the ICC.
 Supranational Law vs. National Law
Key Differences:
1. Scope of Authority:
Supranational Law: Governs relationships between sovereign states and international organizations,
transcending national boundaries.
National Law: Applies within the territorial jurisdiction of a sovereign state and is enforced by its
institutions.
2. Source of Authority:
Supranational Law: Derives authority from treaties, agreements, and conventions ratified by member
states or international organizations.
National Law: Derives authority from constitutions, legislation, judicial decisions, and customary
practices within a sovereign state.
3. Supremacy:
Supranational Law: Holds supremacy over conflicting national laws within its area of competence,
often enforced by international tribunals or courts.
National Law: Typically holds supremacy within the territory of the respective state, and conflicts with
supranational law may require resolution through domestic legal mechanisms.
Relationship between Supranational and National Legal Systems:
1.Dual Legal System:
States that are members of supranational organizations operate
within a dual legal system, where both supranational and national
laws coexist.
Supranational laws may directly apply to member states, while
national laws continue to govern matters outside the scope of
supranational authority.
2.Primacy and Harmonization:
In cases of conflict, supranational law often takes precedence over
conflicting national laws within its sphere of influence.
National laws may be required to be harmonized with
supranational legal norms to ensure consistency and compliance.
3.Cooperation and Compliance:
Member states are generally obligated to comply with
supranational legal decisions and rulings.
Cooperation between supranational and national legal systems is
essential for effective governance and the resolution of legal
disputes.
 Sources of Supranational Law
• Treaties and Agreements:
Treaties and agreements between sovereign states or international
organizations are primary sources of supranational law. These agreements
establish legal obligations and frameworks for cooperation among member
states.
• Decisions of Supranational Courts:
Decisions rendered by supranational courts or tribunals contribute
significantly to the development and application of supranational law.
Supranational courts, such as the European Court of Justice (ECJ) or the
International Court of Justice (ICJ), interpret treaties and adjudicate disputes
between member states.
• Customary International Law:
Customary international law consists of established practices and norms that
are recognized as binding on states, even without explicit treaty
obligations.While primarily associated with international law, customary
norms can also influence and contribute to supranational legal frameworks.
 Tasks
Task 1
Comparative Legal Research:
Assign participants different supranational organizations (e.g., EU, UN, WTO) and instruct them to
research and compare the legal frameworks of these organizations. Ask them to identify
similarities and differences in their approaches to supranational law and present their findings.
Task 2
Role-Play Simulation
Create a role-play scenario where participants take on the roles of judges, lawyers, and
policymakers within a supranational court or legislative body.
Task them with resolving a complex legal dispute or drafting legislation, encouraging them to
apply principles of supranational law in their decision-making process.
Task 3
Comparative Study
Compare and contrast the principles of
supranational law with those of national law in
your country. Identify key differences and
similarities.
Task 4
Analytical Exercise
Provide a hypothetical scenario where a conflict
arises between a supranational law and a
national law.
Ask participants to analyze the situation and
propose possible solutions to resolve the
conflict.
 Conclusion

• Supranational law transcends national boundaries and governs relationships

between sovereign states and international organizations.
• Characteristics include sovereignty pooling, binding decisions, enforceability,
treaty-based establishment, and supremacy over conflicting national laws.
• Examples of supranational bodies include the European Union, United Nations,
World Trade Organization, and International Criminal Court.
• Key differences between supranational and national law include scope of authority,
source of authority, supremacy, and enforcement mechanisms.
• Understanding the relationship between supranational and national legal systems
is crucial for navigating dual legal frameworks and ensuring compliance.