Relationship between International Law and Municipal Law, Monistic Theory, Dualistic Theory)

India signs a treaty on, say, the rights of women at work. The next morning a woman in a Mumbai office complains of harassment and cites the treaty in court. Can the judge apply it? Or must Parliament first pass an Act? Underneath this everyday question lies an old theoretical argument: are international law and a country's own law two separate systems, or two parts of one system? And which wins when they collide?

In two minutes

Dualism treats international law and national law as two separate systems, so a treaty must be transformed into national law by legislation; monism treats them as one system, so international law applies directly; in India the treaty-making power is executive but giving effect to a treaty inside India needs a law of Parliament, which leans the practice towards dualism.

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