Question Details

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.


Which of the following statements is incorrect?

Options

A

According to monism, the nature of domestic law and international law is the same and domestic law is subordinate to international law.

B

According to monism, ratified international conventions automatically become a part of domestic law and domestic law is subordinate to international law.

C

According to dualism, ratified international conventions automatically become a part of domestic law and domestic law is subordinate to international law.

D

According to dualism, the nature of domestic law and international law is different and domestic law is not subordinate to international law.

Show Answer

Correct Answer :

Option C

According to dualism, ratified international conventions automatically become a part of domestic law and domestic law is subordinate to international law.

Solution :

The correct option (i.e., the statement that is incorrect based on the passage) is "According to dualism, ratified international conventions automatically become a part of domestic law and domestic law is subordinate to international law."


Step-by-Step Explanation:

1. Understanding Monism:
According to the passage, Monism holds that international law and domestic (municipal) law share the same legal nature and belong to a single, unified legal system. In a monistic framework, once an international treaty or convention is ratified, it automatically becomes incorporated into the domestic legal system without requiring separate national legislation. Furthermore, domestic law is considered subordinate to international law.


2. Understanding Dualism:
In contrast, Dualism views international law and domestic law as two completely distinct and separate legal systems. Under dualism, international law is not directly applicable in national courts simply upon ratification. For an international treaty to have effect within a dualist domestic system, it must first be translated into national law through specific legislation passed by the state.


3. Evaluating the Statement:
The statement in Option 3 falsely attributes the characteristics of monism to dualism by claiming that under dualism, ratified international conventions automatically become part of domestic law. Because this contradicts the definition of dualism provided in the text, it is the incorrect statement requested by the question.

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