There are two principal theories on the relationship between international law and domestic law- Monism and Dualism. The monistic theory maintains that the subjects of two systems of law, i.e., international law and municipal law are essentially one. The monistic theory asserts that international law and municipal law are fundamentally the same in nature, and arise from the same science of law, and are manifestations of a single conception of law. The followers of this theory view international law and municipal law as part of a universal body of legal rules binding all human beings, collectively or singly. In a monist system, international law does not need to be incorporated into domestic law because international law immediately becomes incorporated in domestic legal system upon ratification of an international treaty. According to this theory, domestic law is subordinate to international law. The Statute of the International Criminal Court, therefore, can be directly applied and adjudicated in national courts according to the monistic theory. According to dualism theory, international law and municipal law represent two entirely distinct legal systems, i.e., international has an intrinsically different character from that of municipal law. International law is not directly applicable in the domestic system under dualism. First, international law must be translated into State legislation before the domestic courts can apply it. For example, under dualism, ratification of the Statute of the International Criminal Court is not enough-it must be implemented through State legislation into the domestic system. Most states and courts presumptively view national and international legal systems as discrete entities and routinely discuss in dualist fashion incorporation of rules from one system to the other.
In light of the given passage, which of the following statements is correct?
Correct Answer :
monism postulates the homogeneousness of international law and domestic law.
Solution :
The correct answer is: monism postulates the homogeneousness of international law and domestic law.
Step-by-Step Explanation:
1. Analyzing the Monistic Theory:
According to the given passage, the monistic theory maintains that international law and municipal (domestic) law are essentially one and arise from the same science of law. It asserts that both systems are part of a universal body of legal rules, which implies that international law and domestic law share a homogeneous (same/unified) nature.
2. Evaluating the Options:
• Option 1: "monism and dualism are similar approaches to adopt international law into domestic law."
Incorrect. The passage states that monism and dualism represent fundamentally different views. Monism automatically incorporates international law upon treaty ratification, whereas dualism requires international law to be translated into state legislation first.
• Option 2: "dualism postulates the homogeneousness of domestic law and international law."
Incorrect. The passage explicitly states that under dualism, international law and municipal law "represent two entirely distinct legal systems" with an "intrinsically different character." Thus, dualism postulates heterogeneity/distinctness, not homogeneousness.
• Option 3: "monism and dualism are different approaches to understand how domestic law impacts international law."
Incorrect. Monism and dualism concern how international law operates within or relates to domestic law (the relationship between international law and domestic law), not merely how domestic law impacts international law.
• Option 4: "monism postulates the homogeneousness of international law and domestic law."
Correct. Since monism views international law and domestic law as "fundamentally the same in nature" and part of a single unified legal system, it postulates the homogeneousness (sameness/oneness) of international law and domestic law.
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