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 4
·
How international law is incorporated into monist
theory?
o
According to monist approaches, international law
ought to be automatically incorporated into the domestic legal order, without
the requirement of any additional act of adoption or transformation by the
state.
·
Who provides recognition of the authority of municipal law
in monist theory?
o
Monism rationalizes the interconnectedness of the
international and domestic legal spheres on the understanding that it is
international law that provides the recognition necessary for the authority of
municipal law to operate over a given subject or territory.
·
How international law is incorporated in municipal law
in dualist theory?
o
In dualist theory since international and domestic
laws operate in distinct spheres, the only mechanism for the transformation of
international law into domestic law is through the medium of regular domestic
law-making processes.
·
What are the concerns of monistic theory?
o
Monist values are rationalized within contemporary
discourses as promoting/reflecting a cosmopolitan culture and the universalisation
of value, as well as serving the imperatives of global governance.
·
What are the concerns of dualist theory?
o
Dualism on the other hand has been reinforced in
recent writings as a valuable device for preserving/promoting international
legal pluralism; as protecting the distinct and self-expressive nature of
domestic law; and as indispensable for the proper functioning of domestic
democratic processes for the creation of coercive legal norms, instead of rule
by a 'new political elite of international lawyers.' At the same time, concerns
about the (lack of) participatory and (un) democratic nature of the processes
of international law-making and concerns regarding their substantive content
are often posited as supports for dualist positions.
·
What is the main requirement of international law to get
implemented in any State?
o
The main requirement of international law to get
implemented in any State is ‘legislative approval’ of that particular treaty or
principle of international law, whatever may be the theory of that State to
apply the international law within the domestic sphere.
·
What is the base of Article 51 of the Constitution of
India?
o
The language of Article 51 of the Constitution of
India is based on the Havana Declaration, 1939
·
When and where Havana Declaration was adopted?
o
Havana Declaration was adopted at the Second
Conference of American State Members of the International Labour Organization,
1939.
·
How Article 51 of the Constitution of India helps in the implementation of international law in India?
o
Article 51 of the Constitution of India clearly intended to guide India’s foreign policy and form
the basis of its international relations, rather than provide for how India
should approach its international law obligations domestically. Clearly, it
gives guidance to form the basis of international relations but does not give any
specific procedure to implement international law.
·
How does the Parliament of India is having legislative competence
over foreign affairs?
o
Article 246, read with entries 10–14 of the Union List
of the Seventh Schedule of the Constitution (enumerating powers of the Union),
provides that legislative competence over foreign affairs, over entering into
treaties with foreign countries and implementing them domestically, lies with
Parliament.
·
Under which Article of Constitution Parliament of India
can make laws for implementation of international obligations?
o
Article 253 of the Constitution clarifies that the
power of Parliament to make law for the implementation of international
obligations extends even to those matters that are otherwise within the
legislative competence of states.
Thanks for reading till the end. Thanks
for reading till the end. Please share this article with all law aspirants,
students, and professionals.
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