International law interacts with domestic law through two main approaches:
In monist systems, international law automatically becomes part of domestic law.
In dualist systems (like India), international treaties must be ratified or incorporated by legislation to be enforceable.
Courts may also interpret domestic laws in harmony with international obligations.
International law interacts with domestic law based on a country’s legal system. In a **monist system**, international law is automatically part of domestic law. In a **dualist system**, international law must be incorporated through legislation. India follows a dualist approach, so treaties need domestic laws to be enforceable locally.
International law interacts with domestic law through mechanisms like incorporation, transformation, and direct application, influenced by theories like monism and dualism. International legal principles can be integrated into domestic law through national legislation, allowing for their application within domestic legal systems.
International law interacts with domestic law through two main approaches: monism and dualism. In countries like India, which follow the dualist approach, international treaties and obligations do not automatically become part of domestic law—they require explicit incorporation through legislation by Parliament. Courts may interpret domestic laws in harmony with international law, especially where there are gaps or ambiguities, but in case of conflict, domestic law prevails. The judiciary may also reference international law to guide interpretation, particularly in areas like human rights and environmental protection
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