The process of incorporating international law into domestic law is not governed by international principles in general. There is no international authority in charge of enforcing the law. States follow different processes of incorporating international law into their domestic legal system under domestic law, such as constitutional provisions and customs. As a result, the implementation of international law in a country is determined by the domestic legal system’s policy objectives and principles.
However, before international tribunals, the state cannot ignore its commitments under international law. The United Nations states that “International law establishes the legal obligations of states in their interactions with one another and their treatment of individuals inside their borders.
Domestic law, as opposed to international law, is the law that applies within a state or its internal law. The words domestic law and municipal law are used interchangeably. Domestic law is a sovereign state’s national, local, or internal law, as opposed to international law. Similarly, international law does not distinguish between a state’s ordinary law and its constitution.
Some portions of the country have developed, while others are still influenced by orthodox beliefs. On the one hand, we can see high-tech structures, but on the other hand, there are still many villages and rural places where power is a luxury that cannot be afforded. The impact of globalization on such a diversified country is debatable. Because such issues make it difficult for people to cooperate even at a local level, asking for global cooperation will be too much to ask. People who live in this day but have ideologies and ways of thinking that are as ancient as the hills do not contribute to the nation’s collaboration at a worldwide stance.
The problems which the developing country like India faces to enforce the international Laws are as follows:
• Poor law enforcement
It is often argued that a law is only as good as its enforcement mechanisms, and developing countries like India cannot properly implement international law. International lawbreakers cannot be compared to law enforcement agencies, which are simply government employees that are overworked and underpaid, and who perform their duties without necessary security and protection. India’s border patrol officials and local police officers do not have a thorough understanding of international law.
• Infrequent use of International Law only as an exotic device
It is still employed as an alien law to this day. First and foremost, to effectively execute international law throughout the state, it is necessary to become acquainted with it and embrace it from top to bottom. There should be no restrictions on its use, and any potential for irresponsibility while using it should be eradicated.
• Lack of experts and professionals
After establishing an international law division, it is necessary to staff it with appropriate legal consultants, which is a far more difficult undertaking. There are still empty positions in the legal section even after more than seventy years of independence. Although the evolution of modern communication technologies and the broadening scope of education has increased by professionals, the numbers do not yet reach the requisite level, particularly in the field of international law, where such rapid expansion is impossible.
• Lack of recognition of International Law
Even though India recognizes international law, there is a lack of recognition of international law in India, which has always operated as a roadblock to the efficient execution of international law in India. It has been demonstrated that international law is not applied in the same way in domestic courts.
• Denial of the existing conflict situation
During times of conflict or the advent of any form of difficulty, laws serve as a savior. Even when such enormities occurred within the country, India denied the existence of a conflict zone. What’s worse, the people living in those regions were not provided with the appropriate protection that should be provided during any such situation according to the Geneva Conventions, because the government did not declare them as conflict zones.
• Terrorism and disturbance from neighboring nations
Conflicts with India’s neighbors plague the country regularly. For example, India has been attempting to find political as well as legal solutions to its border conflict with China for many years. Formal techniques have traditionally dominated India’s international behavior, such as filing petitions, submitting dossiers, and complying with treaty provisions, which has not served India well in the situation of the Indo-China boundary issue. All of these issues combine to render India incapable of properly executing international law.
• Low level of public awareness
International law has always had a problem with public awareness since it has such a broad horizon that must be comprehended to have a comprehensive understanding of it. Legal knowledge, technology and access, and “impact and accountability” are all important factors in providing high-quality legal services.
• Lack of infrastructure
Infrastructure deficiencies are a factor that contributes to judicial delays and difficulty in obtaining justice. The user’s ability to navigate optimally is hampered by a lack of required support structures.
The efforts at developing methods and means of effective international cooperation in combatting terrorism are still in a formative stage. There is much to be learned and applied from the successes which have been obtained in the fields of narcotics trafficking and organized crime. Still, the problems which confront those seeking to enhance cooperation in the field of terrorism are more difficult and complex. The enforcement tools of international law are thus imperfect. Not only are they applied unevenly in some cases, but they frequently work slowly if at all. The bodies that apply them are not necessarily fully representative of the international community. Despite all this, there are international enforcement mechanisms that do work in ways that may not always be obvious. In particular, the international community, no less than domestic society within any nation-state, conducts much of its daily business on the basis of selfenforcing norms that never make the headlines. Enlightened self-interest makes those norms effective.
This article is written by Arokiya Mary.D of Kristu Jayanti College of Law.