Practicing Success

Target Exam

CUET

Subject

Legal Studies

Chapter

International Context

Question:
Assertion: There is a blurring of the distinction between international and municipal law and domestic courts have also started analyzing international obligations of states in domestic disputes.
Reasoning: Some international treaties require that countries adopt domestic legislation in line with the international obligations it has already agreed to.
Options:
Both Assertion (A) and reasoning (R) are correct and R is the correct explanation of A.
Both Assertion (A) and reasoning (R) are correct and but R is not the correct explanation of A.
Assertion (A) is true but Reasoning (R) is not correct.
Assertion (A) is not true but Reasoning (R) is correct.
Correct Answer:
Both Assertion (A) and reasoning (R) are correct and R is the correct explanation of A.
Explanation:
Some international treaties require that countries adopt domestic legislation in line with the international obligations it has already agreed to. Owing to such requirements there is a blurring of the distinction between international and municipal law and domestic courts have also started analyzing international obligations of states in domestic disputes. In countries such as the United Kingdom, there is a doctrine of transformation that states that before any international agreement can be considered applicable domestically it must be transformed into municipal law. This means that the provisions of the treaty need to be transformed into local law, passing a domestic legislation with concurrent provisions as the international obligations.