There are two schools of thought when it comes to understanding the relationship between the international law and national law. The Monist theory asserts that there is one homogenous system of law and there is no difference between the national and international law. For the monist, international law is simply part of the law of the land, together with the more familiar areas of national law. Dualists, on the other hand, opine that the international and domestic laws are two distinct entities and that “they exist” side by side, within different spheres of action – the international plane and the domestic plane. Countries like India, Israel, UK and others follow the monist model. The thin line dividing the two streams of law is gradually thinning under the weight of “politics of globalisation” – internationalisation of human rights and environmental issues. The formation of International Criminal court (ICC) in 2003 marked a watershed in bridging the divide. Although India and USA are not members of the ICC, they are actively involved in the evolution of the international legal norms. As the borderless world evolves further, the Monist are likely to be marginalised in coming times.
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Source : IIPM Editorial, 2006
An IIPM and Management Guru Professor Arindam Chaudhuri's Initiative
For Complete IIPM Article, Click on IIPM Article
Source : IIPM Editorial, 2006
An IIPM and Management Guru Professor Arindam Chaudhuri's Initiative
