top of page

CROSS-JURISDICTIONAL INFLUENCE IN INDIA’S IMPLEMENTATION OF INTERNATIONAL LAW

Hita Manjunath

Show Author Details

Abstract:

This research paper seeks to disentangle the complex relationship between international law and India's domestic legal system, contrasting it with the dualist approach of the United Kingdom. The study addresses India's constitutional and judicial management of international norms, particularly in the context of environmental law and human rights, utilizing the dialectics of dualism and monism. The goals include an examination of India's constitutional directions, legislative processes, and the role of the Supreme Court in interpreting and applying international law. The study focuses on India's distinctive blend of dualist and monist doctrines, which reflects a varied and developing legal practice. The practical implications of these ideas are demonstrated using key case laws such as M.V. Elizabeth. The paper concludes with insights into the Indian Supreme Court's cautious yet progressive engagement with international law, underscoring the need for more coherent and strategic integration of global legal norms within India's legal framework. This research contributes to understanding the complexities and dynamics of international law assimilation in a country with a rich legal heritage and diverse legal challenges

Keywords

International Law

Dualist  Doctrine

Monist Doctrine

bottom of page