VidhiAagaz
International Journal ofLaw Management & Humanities
ISSN 2581-5369 · Open access
International Journal ofLaw Management & Humanities
Open accessArticleVol. 6 No. V (2023)pp. 1882–1890

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

KR
Kirti RashmiResearch Scholar at School of Legal Studies, Cochin University of Science & Technology, Kerala, India
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Published 19 October 2023 · pp. 1882–1890 · Vol. 6 No. V (2023)
Abstract

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.

Keywords
International LawTransformation and Incorporation TheoryDualism and Monism

How to cite

Kirti Rashmi, Incorporating International Law in India: The Transposition between the Incorporation and Transformation Theory, 6 Int'l J. L. Mgmt. & Human. 1882 (2023).

Cite this article

Kirti Rashmi, Incorporating International Law in India: The Transposition between the Incorporation and Transformation Theory, 6 Int'l J. L. Mgmt. & Human. 1882 (2023).
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