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VOL. 3, ISSUE 2 (2018)
Relationship between international and municipal law: A case study of India
Authors
Karamdeep Saini
Abstract
The relationship between international law and municipal law has always been a fundamental feature of the study of international law as an academic discipline. This research paper provides a comprehensive analysis of this relationship. Further this paper discusses the relationship between international law and municipal law with special reference to Indian practice. Indeed, the study and the analysis of relationship between the rules of international law and rules of domestic law has a particular importance, because the determination of solutions and dilemmas in regards to this multiple and multidimensional relationship inter alia defines the statues of the state in the arena of the international relation, and impacts directly to its status as an equal member of international community. In fact, the ensemble of rules which we define today as International Law cannot be understood separated from the states domestic law. In reality, these two categories of legal rules are essentially interrelated in a hierarchical manner. Borders and content of the states domestic law systems, today very often are defined in almost natural manner by the rules of the International Law, which gradually have ensured a sustainable prevalence upon the rules of Domestic Law. This paper also explain theories that were put forward to help explain the relationship between municipal and international law such as monism and dualism. It analyses municipal law issues that are better handled with international law and explains the process of dealing with international legal issues in municipal courts. This research paper considers the transformation of treaties into municipal law. It also suggests that the status of international law within municipal law is dependent on the approach taken by the State. It also analyses court decisions in some relevant cases and comments on the bases of the judgments made.
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Pages:633-638
How to cite this article:
Karamdeep Saini "Relationship between international and municipal law: A case study of India". International Journal of Advanced Research and Development, Vol 3, Issue 2, 2018, Pages 633-638
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