Indian domestic courts ascertaining of customary international law

Aggarwal, Muskaan and Kanchuboyina, Bhavagna (2023) Indian domestic courts ascertaining of customary international law. International Journal of Law Management and Humanities, 6 (1). pp. 1068-1074. ISSN 2581-5369

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Within any primitive society, specific rules of behaviour materialize and lead to the prescription what is allowed and what is not. These rules developed subconsciously within the society are not codified at that time. But as the society modernized, it created a code of behaviour which would be upheld with the aid of legal machinery. This is how a custom has come to be and this ultimately gave rise to the Customary law. It’s a dynamic source of law in light of the nature of international system and the lack of centralised government organs. This article aims to analyse the international obligations that arise through the practices of customary international law, through a study of its growth timeline in the Indian jurisprudence. Further, the article provides suggestions on how the customary law is capable of improving within the Indian legal regime

Item Type: Article
Keywords: Customary | International Law | Dualism | Monolism | India
Subjects: Social Sciences and humanities > Social Sciences > Social Sciences (General)
Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Subhajit Bhattacharjee
Date Deposited: 18 Nov 2023 20:41
Last Modified: 18 Nov 2023 20:41
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