What is the difference between monist and dualist approaches to

February 19, 2023

QUESTION THREE Please ANSWER TWO of the following questions. (Word limit for each option: 750 words)

a) What is the difference between monist and dualist approaches to international obligations? Are there any true monist legal systems in today’s world? Explain why/why not. 10 marks

b) Give an example of a ‘retrogressive measure’ under the International Covenant on Economic, Social and Cultural Rights (‘ICESCR’). In which circumstances has the CESCR Committee said such measures are impermissible? 10 marks

c) What is refoulement? Which multilateral United Nations treaties place non-refoulement obligations on States, and in what circumstances?

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