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Which of the following statements is/are incorrect?
Statement I: A domestic law can be used to justify the breach of an international one.
Statement II: In case of dispute between International law and domestic law, international law will prevail always.
Statement I: A domestic law can be used to justify the breach of an international one.
Statement II: In case of dispute between International law and domestic law, international law will prevail always.
- a)Only I
- b)Only II
- c)Both I and II
- d)Neither I nor II
Correct answer is option 'C'. Can you explain this answer?
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Which of the following statements is/are incorrect?Statement I: A dome...
The interplay between municipal and international law is complex. Municipal law cannot serve as a defense 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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Which of the following statements is/are incorrect?Statement I: A domestic law can be used to justify the breach of an international one.Statement II: In case of dispute between International law and domestic law, international law will prevail always.a)Only Ib)Only IIc)Both I and IId)Neither I nor IICorrect answer is option 'C'. Can you explain this answer?
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