試題詳解

1 Regarding the relationships between "international law" and "domestic law", which of the following descriptions is NOT correct?
(A) In theory, the relationships between "international law" and "domestic law" usually refer to the two approaches between "dualism" and "monism".
(B) Article 141 of the R.O.C. Constitution provides that, "the foreign policy of the Republic of China shall... respect treaties and the Charter of the United Nations, ..."
(C) A State may use its domestic laws or deficiencies in its legislative process as justifications for breaching its obligations under international law.
(D) Whether international law is directly applicable by a national court is largely dependent on its national Constitution, legislations and court decisions.