Indian Practices on Implementation of International Law
Journal: International Journal of Science and Research (IJSR) (Vol.11, No. 9)Publication Date: 2022-09-05
Authors : Srishti Yadav;
Page : 1112-1114
Keywords : Dualism; international law; judiciary; municipal law; treaties;
Abstract
Through this paper, the author aims to highlight the complex but interesting relationship between Indian and International law. There are various provisions in the Constitution that deal with the extent of power with the legislature as well as the executive on the subject of implementation of international law. These provisions have been elaborated in the paper along with the necessary case laws. Dynamic interpretations have been made by the Judiciary on various matters such as both the laws being harmoniously constructed and the purposive interpretation of Human Rights Conventions by the Indian Courts. Another section deals with the various issues being faced by the Indian government and Courts in implementing the international legal setup in India; e.g. Poor law enforcement and inability to cope with the dynamic nature of international law. The paper sends with a conclusion and brief suggestions.
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