INTERNATIONAL LAW IN INDIA: ANALYZING THELEGAL AND POLICY FRAMEWORK THROUGHINTERNATIONAL HUMANITARIAN AND REFUGEELAWS

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 conventi onally 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,
implement ation 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 polic y and the other way round. The Paper uses specific examples in international
humanitarian and refugee laws to draw out this crucial interface.