Humanities/Arts Exam > Humanities/Arts Questions > Consider the following statements.Statement I...
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Consider the following statements.
Statement I: Municipal law can serve as a defence to breach of International law.
Statement II: In case of dispute between International law and domestic law, International law always prevails.
Statement I: Municipal law can serve as a defence to breach of International law.
Statement II: In case of dispute between International law and domestic law, International law always prevails.
- a)Only I is correct.
- b)Only II is correct.
- c)Both I and II are correct.
- d)Neither I nor II is correct.
Correct answer is option 'D'. Can you explain this answer?
Most Upvoted Answer
Consider the following statements.Statement I: Municipal law can serve...
Statement Analysis:
Statement I: Municipal law can serve as a defence to breach of International law.
- This statement is incorrect because municipal law cannot be used as a defence to breach of International law. International law is considered superior to municipal law, and states are expected to comply with their international obligations regardless of their domestic laws.
Statement II: In case of dispute between International law and domestic law, International law always prevails.
- This statement is also incorrect as the relationship between International law and domestic law can vary depending on the specific circumstances. In some cases, domestic law may prevail over conflicting international law, especially if the state has not incorporated the international obligation into its domestic legal system.
Explanation:
- International law is a set of rules and principles that govern the relations between states and other international actors. It is binding on states and carries legal obligations.
- Municipal law, also known as domestic law, refers to the laws of a particular country or state. These laws are enacted by the state's legislature and are enforced within the state's territory.
- In case of a conflict between International law and domestic law, states are generally expected to resolve the conflict in favor of International law. However, there are instances where domestic law may take precedence, especially if the state has not incorporated the international obligation into its legal system.
- Therefore, it is important to consider the specific circumstances of each case when determining the relationship between International law and domestic law.
Conclusion:
Both statements are incorrect as they oversimplify the complex relationship between International law and domestic law. It is essential to analyze each situation on a case-by-case basis to determine which legal framework prevails.
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Consider the following statements.Statement I: Municipal law can serve...
Municipal law cannot serve as a defence to a breach of international law, i.e. you cannot use a domestic law to justify the breach of an international one. Neither can one say that their consent to a treaty has been invalidated by way of a change of its municipal law. The provisions of international law are often used to supplement various propositions of the domestic law when they are both concurrent with each other. However, whenever there is a dispute between international and domestic law, supremacy of either depends mainly on the forum, i.e. where the case is being contested. International forums generally give preference to treaty law and other international sources whereas domestic forums give preference to statutes of the jurisdiction.
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Consider the following statements.Statement I: Municipal law can serve as a defence to breach of International law.Statement II: In case of dispute between International law and domestic law, International law always prevails.a)Only I is correct.b)Only II is correct.c)Both I and II are correct.d)Neither I nor II is correct.Correct answer is option 'D'. Can you explain this answer?
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Consider the following statements.Statement I: Municipal law can serve as a defence to breach of International law.Statement II: In case of dispute between International law and domestic law, International law always prevails.a)Only I is correct.b)Only II is correct.c)Both I and II are correct.d)Neither I nor II is correct.Correct answer is option 'D'. Can you explain this answer? for Humanities/Arts 2025 is part of Humanities/Arts preparation. The Question and answers have been prepared according to the Humanities/Arts exam syllabus. Information about Consider the following statements.Statement I: Municipal law can serve as a defence to breach of International law.Statement II: In case of dispute between International law and domestic law, International law always prevails.a)Only I is correct.b)Only II is correct.c)Both I and II are correct.d)Neither I nor II is correct.Correct answer is option 'D'. Can you explain this answer? covers all topics & solutions for Humanities/Arts 2025 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Consider the following statements.Statement I: Municipal law can serve as a defence to breach of International law.Statement II: In case of dispute between International law and domestic law, International law always prevails.a)Only I is correct.b)Only II is correct.c)Both I and II are correct.d)Neither I nor II is correct.Correct answer is option 'D'. Can you explain this answer?.
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