Transcription of CHAPTER – V THE RELATIONSHIP BETWEEN …
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CHAPTER – V THE RELATIONSHIP BETWEEN …
201 CHAPTER V THE RELATIONSHIP BETWEEN international LAW AND MUNICIPAL LAW WITH BRIEF ACCOUNT OF STATE PRACTICES (OTHER THAN INDIA) IN THIS REGARD Introduction: Since the focus of the study is on Domestic Application of international Human Rights Law in India, nothing is more essential to a proper grasp of the subject than a clear understanding of the RELATIONSHIP BETWEEN international Law and Municipal Law. It clarifies the nature, scope and extent of application/enforcement of international Human Rights Law in the domain of municipal sphere. Where a State is a Party to an international Treaty (such as human rights treaty) which has entered into force, the question arises whether and how the provisions of that treaty can become part of the State s own domestic law, viz., whether and how the obligations undertaken by the State on the international plane, which in substance for the benefit of the individuals within its domestic jurisdiction, can become transformed into obligations owed directly to those individuals within its own domestic legal system.
201 chapter – v the relationship between international law and municipal law with brief account of state practices (other than india) in this regard
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