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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. 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?
  • a)
    If 'X' is a monist State, Mr. A can be punished for committing an offence under the Convention.
  • b)
    If 'X' is a dualist State, Mr. A can be punished for committing an offence under the Convention.
  • c)
    If 'X' is a dualist State, Mr. A cannot be punished for committing an offence under the Convention.
  • d)
    Mr. A cannot be punished for committing an offence under the Convention irrespective of whether 'X' is a monist or a dualist State.
Correct answer is option 'D'. Can you explain this answer?
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In the given case, the Convention has neither defined bribery, nor prescribed a punishment for the same. Moreover, by 2022, 'X' has not even enacted any law defining and punishing the offence of bribery. So, A cannot be prosecuted for an offence which has neither been defined nor any punishment has been prescribed for it. This has nothing to do with 'X' being a monist or a dualist state.
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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.In light of the given passage, 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. Which of the following statements is incorrect?

Globalisation and the development of new legal forms and regimes during the past half century have gone hand-in-hand. The term “globalisation”, and even its existence, is contested. However, globalisation is not new, it cannot be reduced merely to market integration, still less to the neo-liberal political and economic project of free trade and open markets, and its ultimate destination is unknown, depending as much on politics and power as economics. Here, it is taken here to mean ‘a process (or set of processes) which embodies a transformation in the spatial organization of social relations and transactions – assessed in terms of their extensity, intensity, velocity and impact – generating transcontinental or interregional flows and networks of activity, interaction, and the exercise of power.Among the main shaping factors has been the tremendous growth of multinational companies and international production networks, new technology, changes in the nature and form of work, and the rise of new actors on the international scene. Associated with this transformation have been numerous legal changes, both on a transnational scale and within countries.The early years of the 21 century witness a startling variety of new legal forms and regimes which sometimes differ substantially in nature, content, scale and operation from the largely state-based system of governance of the past several centuries. A multiplicity of other sites of governance complement, supplements, or compete with the State, hence the term ‘governance’ instead of ‘government.While sometimes eroded or even reconfigured, the State remains powerful, if not predominant, with the relative strength of different institutions, norms and dispute resolution processes depending frequently on the specific context.While globalisation thus raises a number of challenges for thinking about law, the sheer volume of published work makes a comprehensive survey impossible here. Mainly we are concerned with the legal effects of economic globalisation, while recognizing that globalisation is not simply economic, and that many aspects of globalisation have implications for law. It focuses primarily on work within the broad fields of sociology of law, international relations and political economy of law, as these are the main disciplinary touchstones of writing on law and globalization. Human rights or law and development are not discussed in detail, because they are dealt with in.Q.The above argument is most parallel in its structure to which of the following?

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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. 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?a)If X is a monist State, Mr. A can be punished for committing an offence under the Convention.b)If X is a dualist State, Mr. A can be punished for committing an offence under the Convention.c)If X is a dualist State, Mr. A cannot be punished for committing an offence under the Convention.d)Mr. A cannot be punished for committing an offence under the Convention irrespective of whether X is a monist or a dualist State.Correct answer is option 'D'. 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. 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?a)If X is a monist State, Mr. A can be punished for committing an offence under the Convention.b)If X is a dualist State, Mr. A can be punished for committing an offence under the Convention.c)If X is a dualist State, Mr. A cannot be punished for committing an offence under the Convention.d)Mr. A cannot be punished for committing an offence under the Convention irrespective of whether X is a monist or a dualist State.Correct answer is option 'D'. 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. 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?a)If X is a monist State, Mr. A can be punished for committing an offence under the Convention.b)If X is a dualist State, Mr. A can be punished for committing an offence under the Convention.c)If X is a dualist State, Mr. A cannot be punished for committing an offence under the Convention.d)Mr. A cannot be punished for committing an offence under the Convention irrespective of whether X is a monist or a dualist State.Correct answer is option 'D'. 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. 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?a)If X is a monist State, Mr. A can be punished for committing an offence under the Convention.b)If X is a dualist State, Mr. A can be punished for committing an offence under the Convention.c)If X is a dualist State, Mr. A cannot be punished for committing an offence under the Convention.d)Mr. A cannot be punished for committing an offence under the Convention irrespective of whether X is a monist or a dualist State.Correct answer is option 'D'. 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. 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?a)If X is a monist State, Mr. A can be punished for committing an offence under the Convention.b)If X is a dualist State, Mr. A can be punished for committing an offence under the Convention.c)If X is a dualist State, Mr. A cannot be punished for committing an offence under the Convention.d)Mr. A cannot be punished for committing an offence under the Convention irrespective of whether X is a monist or a dualist State.Correct answer is option 'D'. 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. 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?a)If X is a monist State, Mr. A can be punished for committing an offence under the Convention.b)If X is a dualist State, Mr. A can be punished for committing an offence under the Convention.c)If X is a dualist State, Mr. A cannot be punished for committing an offence under the Convention.d)Mr. A cannot be punished for committing an offence under the Convention irrespective of whether X is a monist or a dualist State.Correct answer is option 'D'. 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. 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?a)If X is a monist State, Mr. A can be punished for committing an offence under the Convention.b)If X is a dualist State, Mr. A can be punished for committing an offence under the Convention.c)If X is a dualist State, Mr. A cannot be punished for committing an offence under the Convention.d)Mr. A cannot be punished for committing an offence under the Convention irrespective of whether X is a monist or a dualist State.Correct answer is option 'D'. 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. 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?a)If X is a monist State, Mr. A can be punished for committing an offence under the Convention.b)If X is a dualist State, Mr. A can be punished for committing an offence under the Convention.c)If X is a dualist State, Mr. A cannot be punished for committing an offence under the Convention.d)Mr. A cannot be punished for committing an offence under the Convention irrespective of whether X is a monist or a dualist State.Correct answer is option 'D'. 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. 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?a)If X is a monist State, Mr. A can be punished for committing an offence under the Convention.b)If X is a dualist State, Mr. A can be punished for committing an offence under the Convention.c)If X is a dualist State, Mr. A cannot be punished for committing an offence under the Convention.d)Mr. A cannot be punished for committing an offence under the Convention irrespective of whether X is a monist or a dualist State.Correct answer is option 'D'. 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. 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?a)If X is a monist State, Mr. A can be punished for committing an offence under the Convention.b)If X is a dualist State, Mr. A can be punished for committing an offence under the Convention.c)If X is a dualist State, Mr. A cannot be punished for committing an offence under the Convention.d)Mr. A cannot be punished for committing an offence under the Convention irrespective of whether X is a monist or a dualist State.Correct answer is option 'D'. Can you explain this answer? tests, examples and also practice CLAT tests.
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