Difference between municipal law and international law pdf
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The relationship between international law and municipal law has always been a fundamental feature of the study of international law as an academic discipline. Additionally, the practical interaction of the two normative regulatory systems presents tremendous consequences for the conduct of human affairs, nationally and internationally. An understanding of their interrelationship, interaction, and interplay doctrinally and pragmatically is essential for a scholarly appreciation of the nature, scope, and dimensions of the concept of universal jurisdiction. This chapter provides a comprehensive analysis of this relationship.
While International Law is applied in the relations of the States and to other subjects of International Law, national or State Law which is called municipal law is applied within a state to the individuals and corporate entities which are bearers of rights and duties thereunder. The problem of relationship between the rules of International Law and Municipal Law is one of the most controversial questions of legal theory and at present determination of their relationaship has acquired practical significance as well.
The foremost question which appears before International tribunal is whether International Law takes primacy over municipal law, or vice versa. The question of relationship of the two systems has acquired importance in modern International law also because a very large part of it is directly concerned with the activities of individuals who come under the jurisdiction of municipal courts.
Thus, it is in the municipal courts an increasing part of International Law is enforced. The views of the jurists on the question of relationship of International Law and Municipal law are varying and divergent because of which many theories have emerged.
Prominent among them are as follows:. Being distinct systems, International Law would not as such form part of the internal law of a state. Such a view avoids any question of the supremacy of the one system of law over the other since they share no common grounds and subjects of application, each is supreme in its own sphere. The dualists maintain that as international law cannot address itself to individuals, but only to States, States are free to regulate their internal affairs as they see fit, and that international law exercises little or no control over municipal law.
This theory was developed by a prominent German scholar Triepel in The theory was later on followed by Italian jurist Anzilotti and Starke. The above authors are of the view that the 2 systems of law differ from each other regarding with Sources, Subjects, Substance of Law, Principles and Dynamism of the Subject-Matter.
It has been denied by the exponents of this theory that the International Law is distinct and autonomous body of law. The monistic doctrine was developed by Austrian jurist Kelson. Monists maintains that municipal law as well as International law are parts of one universal legal system serving the needs of the human community in one way or the other.
Law of nations is therefore indistinguishable from the internal or municipal law of States and is significant only as part of the universal legal order. They both are therefore species of the genus-law. Exponents of monistic theory rejected the differences between the two systems regarding sources, substance, principles and subject matter as alleged by Dualists. Germinating from these two prominent views, two other theories also came into existence.
This theory says that, no rules of international law, by its own force, can claim to be applied by municipal courts, unless they undergo the process of transformation and be specifically adopted by the municipal courts and systems. The rules of international law are part of national law only if specifically-adopted. Presumptions in Evidence Law Unique use of Technology during covid pandemic Measures to protect women against domestic violenc United Nations Convention to Combat Desertificatio Doctrine of lifting of corporate veil Meaning of Legal Pluralism Once a mortgage, always a mortgage Euthanasia- Meaning and Legality in India Judicial activism and Judicial restraint Concept of Insider Trading under Investment Law Need for Legal Awareness Is Extradition a Legal Duty of State?
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This article talks about the relation between International and Municipal Law. To understand the relationship between International Law and Municipal Law, it is important to know the link between the two laws. International Law is a set of rules and actions related to national behaviour. In other words, International Law is a set of rules that apply when States interact. On the other hand, Municipal law is also known as the National Law of the country.
While International Law is applied in the relations of the States and to other subjects of International Law, national or State Law which is called municipal law is applied within a state to the individuals and corporate entities which are bearers of rights and duties thereunder. The problem of relationship between the rules of International Law and Municipal Law is one of the most controversial questions of legal theory and at present determination of their relationaship has acquired practical significance as well. The foremost question which appears before International tribunal is whether International Law takes primacy over municipal law, or vice versa. The question of relationship of the two systems has acquired importance in modern International law also because a very large part of it is directly concerned with the activities of individuals who come under the jurisdiction of municipal courts. Thus, it is in the municipal courts an increasing part of International Law is enforced. The views of the jurists on the question of relationship of International Law and Municipal law are varying and divergent because of which many theories have emerged. Prominent among them are as follows:.
Municipal law governs the domestic aspects of government and deals with issues between individuals, and between individuals and the administrative apparatus, while international law focuses primarily upon the relations between states.
India and International Law, Volume 2
Municipal law is the national, domestic, or internal law of a sovereign state defined in opposition to international law. Municipal law includes many levels of law: not only national law but also state, provincial, territorial, regional, or local law. While the state may regard them as distinct categories of law, international law is largely uninterested in the distinction and treats them all as one. Article 27 of the Vienna Convention on the Law of Treaties from provides that if a treaty conflicts with a state's municipal law including the state's constitution , the state is still obliged to meet its obligations under the treaty. The only exception is provided by Article 46 of the Vienna Convention if a state's expression of consent to be bound by a treaty was a manifest violation of a "rule of its internal law of fundamental importance".
In principle, international law operates only at the international level and not within domestic legal systems—a perspective consistent with positivism, which recognizes international law and municipal law as distinct and independent systems. Conversely, advocates of natural law maintain that municipal and international law form a single legal system, an approach sometimes referred to as monism.
Last Updated: September 23, References Approved. This article was co-authored by Clinton M. Sandvick, JD, PhD. Clinton M. Sandvick worked as a civil litigator in California for over 7 years. There are 22 references cited in this article, which can be found at the bottom of the page. This article has been viewed 94, times.