| dc.description.abstract | International law that primarily
governe the relationship between the interaction of
States even at the beginning of the 20th century has
now evolved into a comprehensive body of law that
govern subject areas such as family law and
property law through the international standards
set out in many of the human right treaties across
the world which were an exclusive part of the
domestic law. Though, the impact of international
law has become undeniable, how countries have
utilized international law in their domestic legal
system has not found any specific pattern. While a
country may be free to adopt its own methodology
of adopting or transforming international law into
the domestic legal system, main research problem
which is addressed through this paper relates to
the question of as to how the constitutional
framework could be utilized to place international
law within the domestic legal system through an
policy oriented approach, and by policy it is
intended to analyse how a country could best
utilize international law in the domestic context by
considering the constitutional structure of a
country along with its own social, economic and
cultural realities. This analysis is carried out
utilizing the doctrinal approach, and the results
have revealed that such a constitutional
mechanism could help to make international law
more obligatory and directory, demarking the
competencies of the governmental institutions
regarding the recognition and implementation of
international law, advancing the pith and
substance of constitutional rights, selecting
international obligations possible of being given
effect at the domestic level and the general
advancement of domestic human rights norms by
upscaling them with international standards. In
this context, it is highly recommended that a proper
constitutional framework be instilled with a policyoriented
approach for the recognition and
implementation of international law at the
domestic sphere. | en_US |
