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  Published Paper Details:

  Paper Title

Comparing Monism and Dualism: Theories on Relationship between Domestic and International Law

  Authors

  Divya S Nair

  Keywords

Monism, Dualism, transformation, incorporation, muncipal law, international law.

  Abstract


In modern society, the government plays a wide range of roles. Legal doctrine holds that each nation is both equal and powerful. This dualist idea holds that there exist two unique, distinct judicial directives: international law plus the civic laws of various nations. International law is not considered an element of a nation's internal laws as distinct structures; rather, the regulations of global law are incorporated by that country's own laws and used as a component of the nation's local laws, rather than as global law, to the size they can be utilized in a given situation inside the country's borders. Since every system of law is better in its own domain and does not share an overall area of usage, this viewpoint does not address whether legal systems is better than another. The renowned German scholar Triepel created the dualism viewpoint in 1899. According to him, there are two distinct types of law: global law governs foreign interactions, while internal or local law regulates interactions between people and the government at large. The 18th century saw the publication of the monism doctrine. Both German scientists, Moser (1701-85) and Martens (1756-1821), introduced it. But their ideas didn't become a whole theology until the 19th century. This idea states that there's just one system of law, which is the domestic system of law. The monist approach holds that both domestic and international law are components of a single, global legal framework that, in any manner or a different one, meets the requirements of humanity. neither theory adequately explains how international legislation functions inside nations, many academics contend that both of them in particular lack explanation. Notwithstanding the aforementioned claim, force is taken into account is a means of analysis in both "monism and dualism theories". Both of these made it possible to observe how municipal law and international law interacted

  IJCRT's Publication Details

  Unique Identification Number - IJCRT2407143

  Paper ID - 263882

  Page Number(s) - b144-b147

  Pubished in - Volume 12 | Issue 7 | July 2024

  DOI (Digital Object Identifier) -   

  Publisher Name - IJCRT | www.ijcrt.org | ISSN : 2320-2882

  E-ISSN Number - 2320-2882

  Cite this article

  Divya S Nair,   "Comparing Monism and Dualism: Theories on Relationship between Domestic and International Law", International Journal of Creative Research Thoughts (IJCRT), ISSN:2320-2882, Volume.12, Issue 7, pp.b144-b147, July 2024, Available at :http://www.ijcrt.org/papers/IJCRT2407143.pdf

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ISSN: 2320-2882
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Journal Starting Year (ESTD) : 2013
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ISSN and 7.97 Impact Factor Details


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ISSN
ISSN: 2320-2882
Impact Factor: 7.97 and ISSN APPROVED
Journal Starting Year (ESTD) : 2013
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