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| Which of the following is NOT correct in respect of International Law & Municipal Law ? |
Municipal law cannot serve as a defense to a breach of international law, i.e. a country cannot use a domestic law to justify the breach of an international one. A country can not say that their consent to a treaty has been invalidated by way of a change of its
municipal law. The lack of domestic legislation cannot be brought up as a defense if there is an
international obligation on the state not to do a certain act. None of the above |
| None of the above |
| Municipal law cannot serve as a defense to a breach of international law, i.e. you cannot use a domestic law to justify the breach of an international one. Neither can one say that their consent to a treaty has been invalidated by way of a change of its municipal law. Similarly, the International Court of Justice has also stated that the lack of domestic legislation cannot be brought up as a defense if there is an international obligation on the state not to do a certain act. There have been various cases on points that state that international law is prevalent over the domestic law however that does not mean that domestic legislations carry no force. |
