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'Monism' denotes that International Law and State Law
  • a)
    represent two entirely distinct legal systems
  • b)
    are not enforceable
  • c)
    are the concomitant aspects of one system
  • d)
    are not binding
Correct answer is option 'C'. Can you explain this answer?
Most Upvoted Answer
Monism denotes that International Law and State Lawa)represent two ent...
'Monism' denotes that International Law and State Law are the concomitant aspects of one system. Monism holds that International Law and Domestic Law form part of a single universal legal system. Thus, option 3 is the correct answer.
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Monism denotes that International Law and State Lawa)represent two ent...
Monism is a legal theory that seeks to establish the relationship between international law and state law. According to monism, international law and state law are not two entirely distinct legal systems but rather the concomitant aspects of one system. In other words, they are interconnected and mutually influential.

Explanation:
Monism views international law and state law as part of a single legal system, where they coexist and interact with each other. This perspective contrasts with dualism, which sees international law and state law as separate and independent legal systems.

1. International Law and State Law as Concomitant Aspects:
Monism suggests that international law and state law are two sides of the same coin. They are closely intertwined and operate within the same legal framework. This means that the principles and norms of international law are incorporated into state law and vice versa. State law implements and enforces international legal obligations while also being influenced by the principles and values of international law.

2. Interaction and Influence:
According to monism, international law and state law constantly interact and influence each other. International law provides a framework for states to interact and cooperate with each other, establishing rules and norms that govern their conduct. These rules and norms are then incorporated into state law, enabling states to enforce international obligations domestically.

At the same time, state law also influences the development and interpretation of international law. States, as actors in the international arena, contribute to shaping international legal norms through their domestic legislation, judicial decisions, and state practice.

3. Primacy of International Law:
While monism recognizes the interconnectedness of international law and state law, it also gives primacy to international law. This means that international law takes precedence over conflicting provisions of state law. If there is a conflict between an international legal obligation and a provision of state law, the international obligation prevails.

Conclusion:
In conclusion, monism posits that international law and state law are not two entirely distinct legal systems but rather different aspects of one system. They coexist, interact, and influence each other, with international law taking precedence over conflicting provisions of state law.
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Monism denotes that International Law and State Lawa)represent two entirely distinct legal systemsb)are not enforceablec)are the concomitant aspects of one systemd)are not bindingCorrect answer is option 'C'. Can you explain this answer?
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