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Rights Without Law
International Obligations and State Responsibility; Absence of Impelementing Legislation and Judicial Response in India
English
120 b
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The member-countries signatories to international human rights instruments are expected to realize the standards recognized in the instruments. But problem arises when ignoring its obligations under the international instruments; a State does not implement the same by a measure of legislation. The individual, for whose sake the countries enter into an international instrument, is left deprived. Unless the concerned states take the internal measures required under their domestic legal regime to regularize the rules of International Laws, these provisions of international law do not become enforceable legal rights in the judicial regime of the states.What then is the nature of International Obligations of States? Can such a scenario be addressed by the international institutional mechanism? The author seeks to explore the various dimensions of this situation first in the realm of International Law.In relation to the role-orientation of the Judiciary, the inquiry is in reference to the Constitution of India. Whether the courts in India can read the provisions of International Instruments into the domestic law of the country and thereby give rise to enforceable claims?
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