Incorporating International Law in India: The Transposition between the Incorporation and Transformation Theory

  • Kirti Rashmi
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  • Kirti Rashmi

    Research Scholar at School of Legal Studies, Cochin University of Science & Technology, Kerala, India

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International law seeps into the domestic realm through prominently two channels, domestication in the form of legislation or raw usage of international law. This penetration of international law into the domestic realm serves as the backdrop for the formulation of theories, to name a few, transformation and incorporation, acknowledging the indirect and direct implementation of international law in the domestic realm respectively, and reflecting the relationship between these two legal regimes. In India, reliance on the transformation model has been seen over the years however, in a few cases, a tilt from the same has also been observed, which is often connoted as a shift from Dualism to Monism. The onset of this article thus strives to explain the concept and distinction between international law and domestic law and the legal discourse that throws light upon the transposition between these theories and international principles. In the end, the author suggests amiable recourse for balancing between these two tendencies.




International Journal of Law Management and Humanities, Volume 6, Issue 5, Page 1882 - 1890


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