Nature of international law and its relationship with municipal law
Answers
Answered by
0
Since the focus of the study is on ‘Domestic Application of International
Human Rights Law in India, nothing is more essential to a proper grasp of the subject
than a clear understanding of the Relationship between International Law and
Municipal Law. It clarifies the nature, scope and extent of application/enforcement of
International Human Rights Law in the domain of municipal sphere.
Where a State is a Party to an International Treaty (such as human rights
treaty) which has entered into force, the question arises whether and how the
provisions of that treaty can become part of the State’s own domestic law, viz.,
whether and how the obligations undertaken by the State on the international plane,
which in substance for the benefit of the individuals within its domestic jurisdiction,
can become transformed into obligations owed directly to those individuals within its
own domestic legal system. That question involves the relationship between
international law and domestic law, which has been the subject of a longstanding
debate between two schools of thought among academic writers, who call themselves
as ‘dualists’ and ‘monists’ respectively.
Human Rights Law in India, nothing is more essential to a proper grasp of the subject
than a clear understanding of the Relationship between International Law and
Municipal Law. It clarifies the nature, scope and extent of application/enforcement of
International Human Rights Law in the domain of municipal sphere.
Where a State is a Party to an International Treaty (such as human rights
treaty) which has entered into force, the question arises whether and how the
provisions of that treaty can become part of the State’s own domestic law, viz.,
whether and how the obligations undertaken by the State on the international plane,
which in substance for the benefit of the individuals within its domestic jurisdiction,
can become transformed into obligations owed directly to those individuals within its
own domestic legal system. That question involves the relationship between
international law and domestic law, which has been the subject of a longstanding
debate between two schools of thought among academic writers, who call themselves
as ‘dualists’ and ‘monists’ respectively.
Similar questions