International Law: There are two main ideas about how international law and domestic law relate to each other: Monism and Dualism. Monism suggests that international law and domestic law are essentially the same. Proponents of this idea see them as part of a universal set of rules that apply to all people. In a monistic system, when a country agrees to an international treaty, international law automatically becomes part of its domestic legal system. In simple terms, international law is seen as more important than domestic law in a monistic approach.
On the other hand, Dualism argues that international law and domestic law are completely different systems. According to this view, international law doesn’t directly apply to domestic legal systems. Instead, it needs to be translated into local laws before domestic courts can use it. For example, if a country ratifies the Statute of the International Criminal Court under dualism, it’s not enough – the country has to create its own laws based on the international agreement. Many countries and courts generally see national and international legal systems as separate and discuss the incorporation of rules from one system into the other in a dualistic manner.
Previous Year Questions on International Law
Question: In light of the given passage, which of the following statements is correct?
(A) Both Monism and Dualism share similar goals when integrating international law into domestic legal systems.
(B) Dualism asserts that domestic law and international law are essentially separate and distinct from each other.
(C) Monism and Dualism represent distinct perspectives on how domestic laws interact with international laws.
(D) Monism contends that international law and domestic law are inherently interconnected and form a unified legal system.
Question: In a world where ‘X’ is a developing country that joined the United Nations Framework Convention on Climate Change in 1995 and integrated its principles into national laws in 1996, but faces global criticism for not meeting its obligations. On the other hand, ‘Y,’ a developed country that also joined in 1995, has yet to incorporate convention provisions into its domestic laws but receives international praise for fulfilling its commitments. In this scenario, which statement accurately captures the situation?
(A) ‘X’ is a monist State and ‘Y’ is a dualist State.
(B) ‘X’ is a dualist State and ‘Y’ is a monist State.
(C) ‘X’ and ‘Y’ are both monist States.
(D) ‘X’ and ‘Y’ are both dualist States.
Question: Imagine a country called ‘D’ that follows the dualist approach, and they have officially agreed to and accepted the terms of the Agreement on Trade-related Aspects of Intellectual Property Rights (TRIPS Agreement), a global agreement overseen by the World Trade Organization (WTO). If ‘D’ is required to meet its international commitments under the TRIPS Agreement, which of the following statements accurately describes the situation?
(A) ‘D’ has the option to embrace the principles of the TRIPS Agreement without the necessity of creating a fresh set of local laws or modifying any existing legislation.
(B) ‘D’ is not permitted to integrate the terms of the TRIPS Agreement into a new domestic law.
(C) It is mandatory for ‘D’ to include the stipulations of the TRIPS Agreement either within an existing domestic law or within the framework of a new domestic legislation.
(D) ‘D’ is not allowed to include the provisions of the TRIPS Agreement into an existing domestic law.
Question: Which of the following statements is incorrect?
(A) Monism suggests that domestic law and international law share the same nature, with domestic law considered subordinate to international law.
(B) In the monist perspective, when international conventions are ratified, they seamlessly integrate into domestic law, establishing international law as superior to domestic law.
(C) The dualist viewpoint holds that ratified international conventions automatically become part of domestic law, but it emphasizes that domestic law is not necessarily subordinate to international law.
(D) Dualism posits that domestic law and international law have distinct natures. According to this view, domestic law is not inherently subordinate to international law.
Question: In 2022, Country ‘X’ ratified an International Convention that requires each participating country to create laws against bribery, without providing a specific definition or punishment. However, Country ‘X’ has not yet enacted any such laws. In November 2021, Mr. A faced prosecution in a local criminal court in ‘X’ for allegedly offering a bribe to a government official. In this scenario, which statement accurately describes the situation?
(A) If ‘X’ is a monist State, Mr. A can be punished for committing an offence under the Convention.
(B) If ‘X’ is a dualist State, Mr. A can be punished for committing an offence under the Convention.
(C) If ‘X’ is a dualist State, Mr. A cannot be punished for committing an offence under the Convention.
(D) Mr. A cannot be punished for committing an offence under the Convention irrespective of whether ‘X’ is a monist or a dualist State.