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Enforcement of International Legal Obligations in a National Jurisdiction

By Dr. Brahm A. Agrawal

Published In

AIR 2009

INTRODUCTION International law or the law of nations is primarily a system governing the relationship of nations inter se, and for its apt appreciation it is significant to know as to how international legal obligations are enforced in national jurisdiction, more so in today’s flat world. In close relationship with this subject is the relationship between international law and national law or Municipal law or domestic or internal law of nations (“States”), described by reference to two contending concepts; monism and dualism. Monism Monism is the idea or the monist theory assumes that international law and national law are simply two components of a single legal system or body of knowledge, and regards ‘law’ as one entity. Both are interrelated parts of the one single legal structure and form a unity. It is believed that both originate from a single grundnorm. Mediately ....

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