The theories regarding the relationship between international law and municipal law can be broadly categorized into two main types: Dualistic Theory and Monist Theory.
Dualism vs. Monism
While the debate between dualism and monism may seem academic on the international level, it has practical implications on the domestic level. The determination of whether international law forms part of domestic law is often decided by the Constitution, statutes, or domestic courts of each state.
Specific Adoption, Specific Incorporation, or Transformation Theory
The domestic application of international human rights treaties has been a topic of debate in various countries, particularly those influenced by common law due to their colonial history under the British Empire. Even after gaining independence, common law continues to shape the jurisprudence of these nations. However, there has been a noticeable shift away from the dualist approach in recent years, with most national courts leaning towards the monist perspective on this issue. A brief overview of how different states, excluding India, apply international human rights law domestically will provide a comparative analysis of the incorporation of international human rights treaties into domestic legal systems. Furthermore, this overview will help in understanding prevailing trends and interpretative techniques used to integrate international human rights laws into domestic jurisprudence.
Treaty Rules
17 docs|6 tests
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1. What are the main theories regarding the relationship between international law and municipal law? |
2. How do conflicts between international law and domestic law arise, and what are the implications? |
3. In what ways is international law applied within the municipal sphere of a state? |
4. What is state practice concerning the domestic application of international law? |
5. How does the relationship between municipal and international law impact legal proceedings in a country? |
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