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Florida Journal of International Law

Authors

Vivek Sehrawat

Abstract

This Article explores the general stance of international law and domestic legal orders regarding the legal effects of international law in the Indian domestic legal system. This Article argues that India has been a significant contributor to the field of international law. However, India remains reluctant to draft treaties that restrict free rein and that seek expressly to accord domestic courts a judicial enforcement role. This Article examines the implementation process of international law in the Indian domestic system and addresses the requirements imposed by international law. It critically examines the fundamental dichotomy in approaches at the domestic constitutional level that give legal effect to treaties to address the question of who has treaty-making power. This Article examines the role of the judiciary in the implementation of international law in India. Finally, this Article provides suggestions for the new legal framework for the better implementation of international law.

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