INTERNATIONAL LAW IN INDIA: ANALYZING THE LEGAL AND POLICY FRAMEWORK THROUGH INTERNATIONAL HUMANITARIAN AND REFUGEE LAWS

Abstract

The Paper explores the role of municipal law and policy in the implementation of international laws at the domestic level. International Law has remained on a special turf since its inception especially owing to the absence of any global sovereign conventionally associated with law, to ensure compliance. Despite this, international law has played a major normative role in determining the conduct of States as well as international Organizations. However, effective implementation of international law depends not only on the existence of legal principles but also willingness of the State to conduct itself in line with the obligations. This Paper argues that this requires adequate policy mechanisms and not mere adoption of law into the books – that is, implementation of international law at domestic level is a point of intersection of law and policy. Predominant academic attention is focused on international law as a legal discipline, while political analysts focus on domestic and foreign policy. This Paper looks at international law in this duality – focusing on its legal as well as policy aspects simultaneously, in the Indian context. It examines India’s approach to international law from the legal as well as policy perspectives, looking at how law informs policy and the other way round. The Paper uses specific examples in international humanitarian and refugee laws to draw out this crucial interface.