Introduction The status of International Law within a municipal legal system is generally determined by the Constitution of a State or Municipal Law. This article attempts to shed light on the Status of International Law under the Constitution of India. Unlike France, United States, Germany and some modern Constitutions that provide relatively clear provisions for the Domestic Application of International Treaty Law or Customary Law, the Constitution of India does not make specific, emphatic reference to the status of International in its domestic legal system, nor does it specifically obligates or authorises the judiciary to draw on International Law1. For the purpose of this study, the central point for discussion is Article 51 c.
Search International norms influencing national legal system The Universal Declaration of Human Rights which was adopted by the UN General Assembly on 10 Dec,has been proclaimed as a common standard of achievement for all peoples and all nations. It incorporates not only the traditional civil liberties but also Social, Economic and Cultural Rights.
The characteristic feature of the developments of International human rights law is the fact that the relationship between the States and their own citizens, are regulated through the international human rights convention. No doubt it is a desirable development, but it is equally true that these rights are guaranteed to the individuals only through the intervention of States.
Thus, the position is that these conventions on being accepted by the States become legally binding upon them, but they do not enable the individuals to present claims against their own states for the vindication of their rights or for that matter to claim compensation. Thusit has been suggested that such local regional and central agencies of international character should be established which may, functioning judicially, assist the victims to get relief against their own States through amicable Implementation of international law in india.
The question that how far, the rights contained in the Universal Declaration of Human Rights, the two international covenants and other conventions have been translated into real rights of the individuals can be answered only after examining the municipal legal system.
Although these rights are not enforceable by any court, but the principles there in laid down are nevertheless fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws. This article analyses how far the International legal norms on Human Rights have been able to influence the Indian Legal System.
What is the Indian Law on the Human Rights? Human Rights No single phrase in recent human history has been more privileged to bear the mission and burden of human destiny than the phrase Human Rights. The reason behind it is that the millions of men, women, youth and children around the world will be born, live and die and never know they are owners of human rights says Ivanka Corti, former chairperson ,CEDAW.
Human Rights means the rights relating to life, liberty, equality and dignity of the individual guaranteed by the Constitution or embodied in the International covenants and enforceable by courts in India.
Chandrima Das,emphasizing upon the applicability of the Universal Declaration of Human Rights and principles thereof in the domestic jurisprudence, it was held by the Supreme Court that our Constitution guarantees all the basic and fundamental human rights set out in the UDHR, to its citizens and other persons.
The purpose of this part is to safeguard the basic human rights from the vicissitudes of political controversy and to place them beyond the reach of the political parties whoby virtue of their majority, may come to form the Government at the Centre or in the State.
Kelsen in his 'Pure Theory' of law discussed about Grundnorm. According to him Grundnorm is the highest standard of norm which ought to be obeyed by the society.
He segregated the grundnorm from affectivity. He said that there exists a hierarchy of norms and in that hierarchy grundnorm is at the top. Kelsen also applied his theory to the system commonly known as 'international law'.
His earliest work did not touch on this field, and it was only after Verdross, one of his disciples had started to adapt his approach to international law, that Kelsen himself took an interest in it. When applied in this field his theory does reveal some limitations.
The Pure Theory demands that a Grundnorm be discovered. If there are conflicting possibilities ,then as Kelsen himself admitted, his theory provides no guidance in choosing between them. All he said was that the grundnorm should command a minimum of support.
In the international sphere there are two possible grund norms, the supremacy of each municipal system or the supremacy of international law. Kelsen argues that; every national legal order cannot ex hypothesis recognize any norm superior to its own Grundnorm. The English legal order does not apply in France nor vice versa.
Nevertheless the English legal order recognizes the validity of the French legal order in France ; and if the only grundmorm known to English Law is its own.
Such is the out come of the doctrine of national sovereignty and it tends to a state of anarchy in which each national order recognizes only its own Grundnorm and endure other legal orders as subsidiary to it. Kelsen would have non of this.
He argued instead for a monist view of the relationship between international and municipal law, and declared that the Grundnorm of international system postulates the primacy of international law.
Nations in practice he arguedrecognize the equality of each others legal orders, and the doctrine of equality must mean that they recognize the existence of a grundnorm superior to the grundnormen of their own particular legal orders.
All this is questionable.
The first thing his theory requires, is the Grundnorm of the international order. This is by no means clear:The implementation of international law in India can be looked at either from the perspective of the role played by each governmental organ, or from the stand point of each field of law.
May 01, · India's entry into new multilateral export control regimes has presented a number of new opportunities for business, however, Mr Chaturvedi highlighted the responsibilities that are incumbent on Indian industry, which include the adoption and implementation of appropriate ICP.
From , she is attached to the Centre for Human Rights and Legal Pluralism, McGill University as a Steinberg Post-Doctoral Fellow in International Migration . We have a range of scholarships available for all students at Deakin.
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