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Directions: Read the following passage and answer the question.
There are two principal theories on the relationship between international law and domestic law - Monism and Dualism. The monistic theory maintains that the subjects of two systems of law, i.e. international law and municipal law are essentially one. The monistic theory asserts that international law and municipal law are fundamentally the same in nature, and arise from the same science of law, and are manifestations of a single conception of law. The followers of this theory view international law and municipal law as part of a universal body of legal rules binding all human beings, collectively or singly. In a monist system, international law does not need to be incorporated into domestic law because international law immediately becomes incorporated in domestic legal system upon ratification of an international treaty. According to this theory, domestic law is subordinate to international law. The Statute of the International Criminal Court, therefore, can be directly applied and adjudicated in national courts according to the monistic theory. According to dualism theory, international law and municipal law represent two entirely distinct legal systems, i.e. international has an intrinsically different character from that of municipal law. International law is not directly applicable in the domestic system under dualism. First, international law must be translated into State legislation before the domestic courts can apply it. For example, under dualism, ratification of the Statute of the International Criminal Court is not enough-it must be implemented through State legislation into the domestic system. Most States and courts presumptively view national and international legal systems as discrete entities and routinely discuss in dualist fashion incorporation of rules from one system to the other.
Q. Which of the following statements is incorrect?
  • a)
    According to monism, the nature of domestic law and international law is the same and domestic law is subordinate to international law.
  • b)
    According to monism, ratified international conventions automatically become a part of domestic law and domestic law is subordinate to international law.
  • c)
    According to dualism, ratified international conventions automatically become a part of domestic law and domestic law is subordinate to international law.
  • d)
    According to dualism, the nature of domestic law and international law is different and domestic law is not subordinate to international law.
Correct answer is option 'C'. Can you explain this answer?
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Option 3 is incorrect as it is clearly mentioned in the passage, '... under dualism, ratification of the Statute of the International Criminal Court is not enough-it must be implemented through State legislation into the domestic system.' This leads us to conclude that ratified international conventions do not automatically become a part of domestic law. Moreover, it is according to monist theory and not according to dualist theory that domestic law is subordinate to international law.
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Directions:Read the following passage and answer the question.There are two principal theories on the relationship between international law and domestic law - Monism and Dualism. The monistic theory maintains that the subjects of two systems of law, i.e. international law and municipal law are essentially one. The monistic theory asserts that international law and municipal law are fundamentally the same in nature, and arise from the same science of law, and are manifestations of a single conception of law. The followers of this theory view international law and municipal law as part of a universal body of legal rules binding all human beings, collectively or singly. In a monist system, international law does not need to be incorporated into domestic law because international law immediately becomes incorporated in domestic legal system upon ratification of an international treaty. According to this theory, domestic law is subordinate to international law. The Statute of the International Criminal Court, therefore, can be directly applied and adjudicated in national courts according to the monistic theory. According to dualism theory, international law and municipal law represent two entirely distinct legal systems, i.e. international has an intrinsically different character from that of municipal law. International law is not directly applicable in the domestic system under dualism. First, international law must be translated into State legislation before the domestic courts can apply it. For example, under dualism, ratification of the Statute of the International Criminal Court is not enough-it must be implemented through State legislation into the domestic system. Most States and courts presumptively view national and international legal systems as discrete entities and routinely discuss in dualist fashion incorporation of rules from one system to the other.Q.X is a developing country. X ratified the United Nations Framework Convention on Climate Change in 1995, and incorporated the provisions of the said convention in its domestic legislation addressing climate change in 1996. However, X has been widely criticized in the international community for its failure in meeting the obligations under the said convention. Y is a developed country. Y ratified the United Nations Framework Convention on Climate Change in 1995, and has not incorporated the provisions of the said convention in its domestic legislation till date. Y has been appreciated by the international community for its success in meeting the obligations under the said convention. In the given situation, which of the following statements is correct?

Directions:Read the following passage and answer the question.There are two principal theories on the relationship between international law and domestic law - Monism and Dualism. The monistic theory maintains that the subjects of two systems of law, i.e. international law and municipal law are essentially one. The monistic theory asserts that international law and municipal law are fundamentally the same in nature, and arise from the same science of law, and are manifestations of a single conception of law. The followers of this theory view international law and municipal law as part of a universal body of legal rules binding all human beings, collectively or singly. In a monist system, international law does not need to be incorporated into domestic law because international law immediately becomes incorporated in domestic legal system upon ratification of an international treaty. According to this theory, domestic law is subordinate to international law. The Statute of the International Criminal Court, therefore, can be directly applied and adjudicated in national courts according to the monistic theory. According to dualism theory, international law and municipal law represent two entirely distinct legal systems, i.e. international has an intrinsically different character from that of municipal law. International law is not directly applicable in the domestic system under dualism. First, international law must be translated into State legislation before the domestic courts can apply it. For example, under dualism, ratification of the Statute of the International Criminal Court is not enough-it must be implemented through State legislation into the domestic system. Most States and courts presumptively view national and international legal systems as discrete entities and routinely discuss in dualist fashion incorporation of rules from one system to the other.Q.D, a dualist State, has signed and ratified the Agreement on Trade-related Aspects of Intellectual Property Rights (TRIPS Agreement), an international agreement administered by the World Trade Organization (WTO). If D is compelled to fulfill its international obligations under the TRIPS Agreement, which of the following statements is correct?

Directions:Read the following passage and answer the question.There are two principal theories on the relationship between international law and domestic law - Monism and Dualism. The monistic theory maintains that the subjects of two systems of law, i.e. international law and municipal law are essentially one. The monistic theory asserts that international law and municipal law are fundamentally the same in nature, and arise from the same science of law, and are manifestations of a single conception of law. The followers of this theory view international law and municipal law as part of a universal body of legal rules binding all human beings, collectively or singly. In a monist system, international law does not need to be incorporated into domestic law because international law immediately becomes incorporated in domestic legal system upon ratification of an international treaty. According to this theory, domestic law is subordinate to international law. The Statute of the International Criminal Court, therefore, can be directly applied and adjudicated in national courts according to the monistic theory. According to dualism theory, international law and municipal law represent two entirely distinct legal systems, i.e. international has an intrinsically different character from that of municipal law. International law is not directly applicable in the domestic system under dualism. First, international law must be translated into State legislation before the domestic courts can apply it. For example, under dualism, ratification of the Statute of the International Criminal Court is not enough-it must be implemented through State legislation into the domestic system. Most States and courts presumptively view national and international legal systems as discrete entities and routinely discuss in dualist fashion incorporation of rules from one system to the other.Q. The country X has ratified an International Convention which requires each State Party to enact laws defining and punishing bribery, i.e., the act of offering bribes to Government officials. The Convention has neither defined bribery, nor prescribed a punishment for the same, so that each State Party may define the offence of bribery differently in their respective domestic legislations. By 2022, X has not enacted any law defining and punishing the offence of bribery. In November 2021, Mr. A was being prosecuted by a domestic criminal court in X for allegedly offering a bribe to a Government official. In the given situation, which of the following statements is correct?

Directions:Read the following passage and answer the question.There are two principal theories on the relationship between international law and domestic law - Monism and Dualism. The monistic theory maintains that the subjects of two systems of law, i.e. international law and municipal law are essentially one. The monistic theory asserts that international law and municipal law are fundamentally the same in nature, and arise from the same science of law, and are manifestations of a single conception of law. The followers of this theory view international law and municipal law as part of a universal body of legal rules binding all human beings, collectively or singly. In a monist system, international law does not need to be incorporated into domestic law because international law immediately becomes incorporated in domestic legal system upon ratification of an international treaty. According to this theory, domestic law is subordinate to international law. The Statute of the International Criminal Court, therefore, can be directly applied and adjudicated in national courts according to the monistic theory. According to dualism theory, international law and municipal law represent two entirely distinct legal systems, i.e. international has an intrinsically different character from that of municipal law. International law is not directly applicable in the domestic system under dualism. First, international law must be translated into State legislation before the domestic courts can apply it. For example, under dualism, ratification of the Statute of the International Criminal Court is not enough-it must be implemented through State legislation into the domestic system. Most States and courts presumptively view national and international legal systems as discrete entities and routinely discuss in dualist fashion incorporation of rules from one system to the other.Q.In light of the given passage, which of the following statements is correct?

Directions: Read the following passage and answer the question.Indias record in promoting occupational and industrial safety remains weak even with years of robust economic growth. Making work environments safer is a low priority, although the productivity benefits of such investments have always been clear. The consequences are frequently seen in the form of a large number of fatalities and injuries, but in a market that has a steady supply of labour, policymakers tend to ignore the wider impact of such losses. It will be no surprise, therefore, if the deaths of four people, including a senior officer, in a fire at the Oil and Natural Gas Corporation gas facility in Navi Mumbai, or the tragedy that killed nearly two dozen people at a firecracker factory in Batala, Punjab are quickly forgotten. Such incidents make it imperative that the Central government abandon its reductionist approach to the challenge, and engage in serious reform. There is not much evidence, of progressive moves. The Occupational Safety, Health and Working Conditions Code, 2019, introduced in the Lok Sabha in July to combine 13 existing laws pays little attention to the sector-specific requirements of workers. One of its major shortcomings is that formation of safety committees and appointment of safety officers, the latter in the case of establishments with 500 workers, is left to the discretion of State governments.A safe work environment is a basic right, and Indias recent decades of high growth should have ushered in a framework of guarantees. Unfortunately, successive governments have not felt it necessary to ratify many fundamental conventions of the International Labour Organisation (ILO). Compromising on safety can lead to extreme consequences that go beyond factories and leave something that is etched in the nations memory as in the case of the Bhopal gas disaster.[Extracted, with edits and revisions, from Opinion, The Hindu]Q.What does the passage suggest about Indias approach to ratifying international labor conventions?

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Directions:Read the following passage and answer the question.There are two principal theories on the relationship between international law and domestic law - Monism and Dualism. The monistic theory maintains that the subjects of two systems of law, i.e. international law and municipal law are essentially one. The monistic theory asserts that international law and municipal law are fundamentally the same in nature, and arise from the same science of law, and are manifestations of a single conception of law. The followers of this theory view international law and municipal law as part of a universal body of legal rules binding all human beings, collectively or singly. In a monist system, international law does not need to be incorporated into domestic law because international law immediately becomes incorporated in domestic legal system upon ratification of an international treaty. According to this theory, domestic law is subordinate to international law. The Statute of the International Criminal Court, therefore, can be directly applied and adjudicated in national courts according to the monistic theory. According to dualism theory, international law and municipal law represent two entirely distinct legal systems, i.e. international has an intrinsically different character from that of municipal law. International law is not directly applicable in the domestic system under dualism. First, international law must be translated into State legislation before the domestic courts can apply it. For example, under dualism, ratification of the Statute of the International Criminal Court is not enough-it must be implemented through State legislation into the domestic system. Most States and courts presumptively view national and international legal systems as discrete entities and routinely discuss in dualist fashion incorporation of rules from one system to the other.Q. Which of the following statements is incorrect?a)According to monism, the nature of domestic law and international law is the same and domestic law is subordinate to international law.b)According to monism, ratified international conventions automatically become a part of domestic law and domestic law is subordinate to international law.c)According to dualism, ratified international conventions automatically become a part of domestic law and domestic law is subordinate to international law.d)According to dualism, the nature of domestic law and international law is different and domestic law is not subordinate to international law.Correct answer is option 'C'. Can you explain this answer?
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Directions:Read the following passage and answer the question.There are two principal theories on the relationship between international law and domestic law - Monism and Dualism. The monistic theory maintains that the subjects of two systems of law, i.e. international law and municipal law are essentially one. The monistic theory asserts that international law and municipal law are fundamentally the same in nature, and arise from the same science of law, and are manifestations of a single conception of law. The followers of this theory view international law and municipal law as part of a universal body of legal rules binding all human beings, collectively or singly. In a monist system, international law does not need to be incorporated into domestic law because international law immediately becomes incorporated in domestic legal system upon ratification of an international treaty. According to this theory, domestic law is subordinate to international law. The Statute of the International Criminal Court, therefore, can be directly applied and adjudicated in national courts according to the monistic theory. According to dualism theory, international law and municipal law represent two entirely distinct legal systems, i.e. international has an intrinsically different character from that of municipal law. International law is not directly applicable in the domestic system under dualism. First, international law must be translated into State legislation before the domestic courts can apply it. For example, under dualism, ratification of the Statute of the International Criminal Court is not enough-it must be implemented through State legislation into the domestic system. Most States and courts presumptively view national and international legal systems as discrete entities and routinely discuss in dualist fashion incorporation of rules from one system to the other.Q. Which of the following statements is incorrect?a)According to monism, the nature of domestic law and international law is the same and domestic law is subordinate to international law.b)According to monism, ratified international conventions automatically become a part of domestic law and domestic law is subordinate to international law.c)According to dualism, ratified international conventions automatically become a part of domestic law and domestic law is subordinate to international law.d)According to dualism, the nature of domestic law and international law is different and domestic law is not subordinate to international law.Correct answer is option 'C'. Can you explain this answer? for CLAT 2024 is part of CLAT preparation. The Question and answers have been prepared according to the CLAT exam syllabus. Information about Directions:Read the following passage and answer the question.There are two principal theories on the relationship between international law and domestic law - Monism and Dualism. The monistic theory maintains that the subjects of two systems of law, i.e. international law and municipal law are essentially one. The monistic theory asserts that international law and municipal law are fundamentally the same in nature, and arise from the same science of law, and are manifestations of a single conception of law. The followers of this theory view international law and municipal law as part of a universal body of legal rules binding all human beings, collectively or singly. In a monist system, international law does not need to be incorporated into domestic law because international law immediately becomes incorporated in domestic legal system upon ratification of an international treaty. According to this theory, domestic law is subordinate to international law. The Statute of the International Criminal Court, therefore, can be directly applied and adjudicated in national courts according to the monistic theory. According to dualism theory, international law and municipal law represent two entirely distinct legal systems, i.e. international has an intrinsically different character from that of municipal law. International law is not directly applicable in the domestic system under dualism. First, international law must be translated into State legislation before the domestic courts can apply it. For example, under dualism, ratification of the Statute of the International Criminal Court is not enough-it must be implemented through State legislation into the domestic system. Most States and courts presumptively view national and international legal systems as discrete entities and routinely discuss in dualist fashion incorporation of rules from one system to the other.Q. Which of the following statements is incorrect?a)According to monism, the nature of domestic law and international law is the same and domestic law is subordinate to international law.b)According to monism, ratified international conventions automatically become a part of domestic law and domestic law is subordinate to international law.c)According to dualism, ratified international conventions automatically become a part of domestic law and domestic law is subordinate to international law.d)According to dualism, the nature of domestic law and international law is different and domestic law is not subordinate to international law.Correct answer is option 'C'. Can you explain this answer? covers all topics & solutions for CLAT 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Directions:Read the following passage and answer the question.There are two principal theories on the relationship between international law and domestic law - Monism and Dualism. The monistic theory maintains that the subjects of two systems of law, i.e. international law and municipal law are essentially one. The monistic theory asserts that international law and municipal law are fundamentally the same in nature, and arise from the same science of law, and are manifestations of a single conception of law. The followers of this theory view international law and municipal law as part of a universal body of legal rules binding all human beings, collectively or singly. In a monist system, international law does not need to be incorporated into domestic law because international law immediately becomes incorporated in domestic legal system upon ratification of an international treaty. According to this theory, domestic law is subordinate to international law. The Statute of the International Criminal Court, therefore, can be directly applied and adjudicated in national courts according to the monistic theory. According to dualism theory, international law and municipal law represent two entirely distinct legal systems, i.e. international has an intrinsically different character from that of municipal law. International law is not directly applicable in the domestic system under dualism. First, international law must be translated into State legislation before the domestic courts can apply it. For example, under dualism, ratification of the Statute of the International Criminal Court is not enough-it must be implemented through State legislation into the domestic system. Most States and courts presumptively view national and international legal systems as discrete entities and routinely discuss in dualist fashion incorporation of rules from one system to the other.Q. Which of the following statements is incorrect?a)According to monism, the nature of domestic law and international law is the same and domestic law is subordinate to international law.b)According to monism, ratified international conventions automatically become a part of domestic law and domestic law is subordinate to international law.c)According to dualism, ratified international conventions automatically become a part of domestic law and domestic law is subordinate to international law.d)According to dualism, the nature of domestic law and international law is different and domestic law is not subordinate to international law.Correct answer is option 'C'. Can you explain this answer?.
Solutions for Directions:Read the following passage and answer the question.There are two principal theories on the relationship between international law and domestic law - Monism and Dualism. The monistic theory maintains that the subjects of two systems of law, i.e. international law and municipal law are essentially one. The monistic theory asserts that international law and municipal law are fundamentally the same in nature, and arise from the same science of law, and are manifestations of a single conception of law. The followers of this theory view international law and municipal law as part of a universal body of legal rules binding all human beings, collectively or singly. In a monist system, international law does not need to be incorporated into domestic law because international law immediately becomes incorporated in domestic legal system upon ratification of an international treaty. According to this theory, domestic law is subordinate to international law. The Statute of the International Criminal Court, therefore, can be directly applied and adjudicated in national courts according to the monistic theory. According to dualism theory, international law and municipal law represent two entirely distinct legal systems, i.e. international has an intrinsically different character from that of municipal law. International law is not directly applicable in the domestic system under dualism. First, international law must be translated into State legislation before the domestic courts can apply it. For example, under dualism, ratification of the Statute of the International Criminal Court is not enough-it must be implemented through State legislation into the domestic system. Most States and courts presumptively view national and international legal systems as discrete entities and routinely discuss in dualist fashion incorporation of rules from one system to the other.Q. Which of the following statements is incorrect?a)According to monism, the nature of domestic law and international law is the same and domestic law is subordinate to international law.b)According to monism, ratified international conventions automatically become a part of domestic law and domestic law is subordinate to international law.c)According to dualism, ratified international conventions automatically become a part of domestic law and domestic law is subordinate to international law.d)According to dualism, the nature of domestic law and international law is different and domestic law is not subordinate to international law.Correct answer is option 'C'. Can you explain this answer? in English & in Hindi are available as part of our courses for CLAT. Download more important topics, notes, lectures and mock test series for CLAT Exam by signing up for free.
Here you can find the meaning of Directions:Read the following passage and answer the question.There are two principal theories on the relationship between international law and domestic law - Monism and Dualism. The monistic theory maintains that the subjects of two systems of law, i.e. international law and municipal law are essentially one. The monistic theory asserts that international law and municipal law are fundamentally the same in nature, and arise from the same science of law, and are manifestations of a single conception of law. The followers of this theory view international law and municipal law as part of a universal body of legal rules binding all human beings, collectively or singly. In a monist system, international law does not need to be incorporated into domestic law because international law immediately becomes incorporated in domestic legal system upon ratification of an international treaty. According to this theory, domestic law is subordinate to international law. The Statute of the International Criminal Court, therefore, can be directly applied and adjudicated in national courts according to the monistic theory. According to dualism theory, international law and municipal law represent two entirely distinct legal systems, i.e. international has an intrinsically different character from that of municipal law. International law is not directly applicable in the domestic system under dualism. First, international law must be translated into State legislation before the domestic courts can apply it. For example, under dualism, ratification of the Statute of the International Criminal Court is not enough-it must be implemented through State legislation into the domestic system. Most States and courts presumptively view national and international legal systems as discrete entities and routinely discuss in dualist fashion incorporation of rules from one system to the other.Q. Which of the following statements is incorrect?a)According to monism, the nature of domestic law and international law is the same and domestic law is subordinate to international law.b)According to monism, ratified international conventions automatically become a part of domestic law and domestic law is subordinate to international law.c)According to dualism, ratified international conventions automatically become a part of domestic law and domestic law is subordinate to international law.d)According to dualism, the nature of domestic law and international law is different and domestic law is not subordinate to international law.Correct answer is option 'C'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of Directions:Read the following passage and answer the question.There are two principal theories on the relationship between international law and domestic law - Monism and Dualism. The monistic theory maintains that the subjects of two systems of law, i.e. international law and municipal law are essentially one. The monistic theory asserts that international law and municipal law are fundamentally the same in nature, and arise from the same science of law, and are manifestations of a single conception of law. The followers of this theory view international law and municipal law as part of a universal body of legal rules binding all human beings, collectively or singly. In a monist system, international law does not need to be incorporated into domestic law because international law immediately becomes incorporated in domestic legal system upon ratification of an international treaty. According to this theory, domestic law is subordinate to international law. The Statute of the International Criminal Court, therefore, can be directly applied and adjudicated in national courts according to the monistic theory. According to dualism theory, international law and municipal law represent two entirely distinct legal systems, i.e. international has an intrinsically different character from that of municipal law. International law is not directly applicable in the domestic system under dualism. First, international law must be translated into State legislation before the domestic courts can apply it. For example, under dualism, ratification of the Statute of the International Criminal Court is not enough-it must be implemented through State legislation into the domestic system. Most States and courts presumptively view national and international legal systems as discrete entities and routinely discuss in dualist fashion incorporation of rules from one system to the other.Q. Which of the following statements is incorrect?a)According to monism, the nature of domestic law and international law is the same and domestic law is subordinate to international law.b)According to monism, ratified international conventions automatically become a part of domestic law and domestic law is subordinate to international law.c)According to dualism, ratified international conventions automatically become a part of domestic law and domestic law is subordinate to international law.d)According to dualism, the nature of domestic law and international law is different and domestic law is not subordinate to international law.Correct answer is option 'C'. Can you explain this answer?, a detailed solution for Directions:Read the following passage and answer the question.There are two principal theories on the relationship between international law and domestic law - Monism and Dualism. The monistic theory maintains that the subjects of two systems of law, i.e. international law and municipal law are essentially one. The monistic theory asserts that international law and municipal law are fundamentally the same in nature, and arise from the same science of law, and are manifestations of a single conception of law. The followers of this theory view international law and municipal law as part of a universal body of legal rules binding all human beings, collectively or singly. In a monist system, international law does not need to be incorporated into domestic law because international law immediately becomes incorporated in domestic legal system upon ratification of an international treaty. According to this theory, domestic law is subordinate to international law. The Statute of the International Criminal Court, therefore, can be directly applied and adjudicated in national courts according to the monistic theory. According to dualism theory, international law and municipal law represent two entirely distinct legal systems, i.e. international has an intrinsically different character from that of municipal law. International law is not directly applicable in the domestic system under dualism. First, international law must be translated into State legislation before the domestic courts can apply it. For example, under dualism, ratification of the Statute of the International Criminal Court is not enough-it must be implemented through State legislation into the domestic system. Most States and courts presumptively view national and international legal systems as discrete entities and routinely discuss in dualist fashion incorporation of rules from one system to the other.Q. Which of the following statements is incorrect?a)According to monism, the nature of domestic law and international law is the same and domestic law is subordinate to international law.b)According to monism, ratified international conventions automatically become a part of domestic law and domestic law is subordinate to international law.c)According to dualism, ratified international conventions automatically become a part of domestic law and domestic law is subordinate to international law.d)According to dualism, the nature of domestic law and international law is different and domestic law is not subordinate to international law.Correct answer is option 'C'. Can you explain this answer? has been provided alongside types of Directions:Read the following passage and answer the question.There are two principal theories on the relationship between international law and domestic law - Monism and Dualism. The monistic theory maintains that the subjects of two systems of law, i.e. international law and municipal law are essentially one. The monistic theory asserts that international law and municipal law are fundamentally the same in nature, and arise from the same science of law, and are manifestations of a single conception of law. The followers of this theory view international law and municipal law as part of a universal body of legal rules binding all human beings, collectively or singly. In a monist system, international law does not need to be incorporated into domestic law because international law immediately becomes incorporated in domestic legal system upon ratification of an international treaty. According to this theory, domestic law is subordinate to international law. The Statute of the International Criminal Court, therefore, can be directly applied and adjudicated in national courts according to the monistic theory. According to dualism theory, international law and municipal law represent two entirely distinct legal systems, i.e. international has an intrinsically different character from that of municipal law. International law is not directly applicable in the domestic system under dualism. First, international law must be translated into State legislation before the domestic courts can apply it. For example, under dualism, ratification of the Statute of the International Criminal Court is not enough-it must be implemented through State legislation into the domestic system. Most States and courts presumptively view national and international legal systems as discrete entities and routinely discuss in dualist fashion incorporation of rules from one system to the other.Q. Which of the following statements is incorrect?a)According to monism, the nature of domestic law and international law is the same and domestic law is subordinate to international law.b)According to monism, ratified international conventions automatically become a part of domestic law and domestic law is subordinate to international law.c)According to dualism, ratified international conventions automatically become a part of domestic law and domestic law is subordinate to international law.d)According to dualism, the nature of domestic law and international law is different and domestic law is not subordinate to international law.Correct answer is option 'C'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice Directions:Read the following passage and answer the question.There are two principal theories on the relationship between international law and domestic law - Monism and Dualism. The monistic theory maintains that the subjects of two systems of law, i.e. international law and municipal law are essentially one. The monistic theory asserts that international law and municipal law are fundamentally the same in nature, and arise from the same science of law, and are manifestations of a single conception of law. The followers of this theory view international law and municipal law as part of a universal body of legal rules binding all human beings, collectively or singly. In a monist system, international law does not need to be incorporated into domestic law because international law immediately becomes incorporated in domestic legal system upon ratification of an international treaty. According to this theory, domestic law is subordinate to international law. The Statute of the International Criminal Court, therefore, can be directly applied and adjudicated in national courts according to the monistic theory. According to dualism theory, international law and municipal law represent two entirely distinct legal systems, i.e. international has an intrinsically different character from that of municipal law. International law is not directly applicable in the domestic system under dualism. First, international law must be translated into State legislation before the domestic courts can apply it. For example, under dualism, ratification of the Statute of the International Criminal Court is not enough-it must be implemented through State legislation into the domestic system. Most States and courts presumptively view national and international legal systems as discrete entities and routinely discuss in dualist fashion incorporation of rules from one system to the other.Q. Which of the following statements is incorrect?a)According to monism, the nature of domestic law and international law is the same and domestic law is subordinate to international law.b)According to monism, ratified international conventions automatically become a part of domestic law and domestic law is subordinate to international law.c)According to dualism, ratified international conventions automatically become a part of domestic law and domestic law is subordinate to international law.d)According to dualism, the nature of domestic law and international law is different and domestic law is not subordinate to international law.Correct answer is option 'C'. Can you explain this answer? tests, examples and also practice CLAT tests.
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