Vande Matram!
These are some one-liner notes on Public International
Law. Read them carefully and note them for your knowledge.
Short Q and A on Public International Law: Part 2
·
Who are the supporters of monistic theory?
o
Moser, Martens, Kelsen, Westlake and Lauterpacht.
·
What is the relationship between municipal and international
laws in monistic theory?
o
Municipal law, as well as International law, are parts
of one universal legal system.
o
Municipal law is binding on individuals directly and International
law is binding on them through States.
·
What is the status of individuals in monistic theory?
o
Individuals are the root of all legal systems.
·
What is the relationship between municipal and international
laws in monistic theory?
o
International law and Municipal law are two distinct,
separate, and self-contained legal systems.
·
Why international and municipal laws are different systems
as per dualistic theory?
o
The two systems are distinct when it comes to sources,
subjects, the substance of law, principles, and dynamism of subject matter.
·
Who supports the Specific Adoption or Transformation theory
of implementation of International Law in a State?
o
Supporters of the dualist theory
·
Who supports the Delegation theory of implementation of
International Law in a State?
o
Supporters of the monistic theory
·
Can national law be treated as the source of law by
international courts and tribunals?
o
Yes, Article 38(c) provides for the General Principles
of Law Recognized by the Civilised States
·
Can State plead that the provisions of National law as
a valid reason for violating International obligations?
o
No, State cannot plead that the provisions of National
law as a valid reason for violating International obligations because of
provisions of
§
Art 13 Draft Declaration on Rights and Duties of
States, 1949.
§
5. Art 27 of
Vienna Convention on Law of Treaties,
1969
o
Also judgments in the following cases support:
§
Alabama Claims Arbitration, 1872.
§
Exchange
of Greek & Turkish population case
§
Lockerbie
case.
·
Why customary
rules of international law are treated as a part of American law?
o
American practice regarding customary rules of
international law is more or less the same as the British practice as the American
law has its roots in the English legal system so customary rules or international
law are treated as a part of American law.
·
In the USA, which one is superior domestic law or
international law?
o
American Constitution Art. VI provides that the constitution of the United States, all laws made in pursuance thereof and
international treaties entered into under the authority of the United States
shall be the supreme law of the land. Hence in USA domestic law is superior
than International law.
·
How international treaty is ratified by the USA?
o
In the USA, the president has the power to make a treaty, but
he may only ratify a treaty after the senate has given its advice and approval.
·
What is a self-executing treaty?
o A self-executing treaty is directly incorporated into domestic law; can be directly applied in the domestic system.
Thanks for reading till the end. Thanks
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