Practicing Success

Target Exam

CUET

Subject

Legal Studies

Chapter

International Context

Question:
Which of the following is the most appropriate meaning of "doctrine of transformation" in the context of International Las?
Options:
It means that before any international agreement can be considered, it should be seen that it is not in conflict with domestic laws.
It means that an international agreement should not be signed if it is against public policy of a country.
It means that before any international agreement can be considered applicable domestically, it must be changed into municipal law.
It means a country should try to build consensus on changing any international law if it feels that the same is not in interest of their country.
Correct Answer:
It means that before any international agreement can be considered applicable domestically, it must be changed into municipal law.
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.