Relation Between �International Law and �Municipal Law

MRS.NITA MALIK

ASSOCIATE PROFESSOR

DEPARTMENT OF POLITICAL SCIENCE

HANS RAJ MAHILA MAHA VIDYALAYA, JALANDHAR

Definition of International Law

• International law is also known as public international law and law of nations. It is a collection of laws, norms, and principles that are widely accepted in international relations and a common conceptual structure to direct states in a variety of areas, including war, diplomacy, trade, and human rights

Definition of Municipal Law

• municipal law refers to legislatonenacted by a state’s legislature or law-making body that is only applicable to that state.

Theories

• International Law differs from the Municipal Law of a state in some respect.

Behaviour

• Kelsen observes that the national law regulates the behaviours of the individuals of the state and International Law regulates the behaviour of the states.

Relation

• Municipal Law is concerned with the internal relations.
• International Law is concerned with the external relations of the states.

Importance of Municipal Law

• The municipal law within the state is supreme and all organs of the state as well as the citizens are bound by it.

Importance of International Law

• International law refers to a collection of laws that are widely recognized and acknowledged as binding in international relations.

Monistic Theory

• The supporters of the Monistic theory believe in the unity of the science of law.

Contd…

• They regard International Law and Municipal Law as the two phases of one and the same thing.

Contd…

• The theory believes that there is only one legal system and both the laws are the two aspects of the legal system of law in general.

Contd…

• International law’s position in municipal law is more complicated, and it is determined by a country’s domestic legislation.

Dualistic theory

• The law of nations and the municipal laws of the various states, according to Dualistic theory, are two different, distinct, and self-contained legal structures.

Contd…

• The dualists argue that since international law can only address States and not persons, States are free to govern their internal affairs as they see fit and that international law has little or no influence over municipal law.

Specific Adoption Theory

• It is based on the dualist philosophy. According to this principle, no laws of international law can claim to be enforced by municipal courts on their own force unless they are transformed and implemented directly by municipal courts and systems.

Transformation Theory

• The laws of international law are transformed, according to proponents of this theory, for the application of international law in the field of municipal law. When international law becomes more widely accepted, it undergoes changes.

Delegation Theory

• This theory states that the rules of international law known as “Constitutional rules of international/treaties” delegate a right to each state constitution, allowing each state to decide or determine for itself how and when the provisions of an international treaty or convention come into force, and how they are implemented or embodied in statutes.

Consent Theory:

• John Locke defined the development of this principle and coined the term “everyone is equal” from it. There were some issues with this, including the fact that treaties and customs were not the only origins of international law.

Difference

• International law is primarily concerned with state relations, although it is not exclusively so. Municipal legislation regulates the interactions of individuals within the state as well as between individuals and the state.

Contd…

• International law governs relations between members of the States family of nations. Municipal law, on the other hand, governs the relationships between individuals who are subject to the jurisdiction of a particular state, as well as the relationships that exist between this state and the individuals who are subject to it.

Contd…

• The law of the nation is a law that governs the relationship between sovereign states rather than above them. Municipal law, on the other hand, is the law of the sovereign over persons as subjects.

Position in India

• The Rules of International Law are only referred to in the most general terms in the Indian Constitution, implying that the drafters of the Indian Constitution were highly ambiguous in describing the status of International Law in the municipal sphere. 

Contd…

• It is commonly seen that National and International legal structures operate in their own jurisdictions and they did not pose any threat of retribution and retaliation with each other.

Contd…

• It was also believed and argued by Kelsen that International law is such a law which applies to any aspect of human life. International Law, according to monistic theorists, is not covered by any law; rather, Municipal Laws are a part of International Law.

Contd…

• It was also believed and argued by Kelsen that International law is such a law which applies to any aspect of human life. International Law, according to monistic theorists, is not covered by any law; rather, Municipal Laws are a part of International Law.

Conclusion

• International law is the set of rules generally regarded and accepted as binding in relations between states and nations. It differs from national legal systems in that it only concerns nations rather than private citizens.

Contd…

• National law may become international law when treaties delegate national jurisdiction to supranational tribunals such as the European Court of Human Rights or the International Criminal Court. Treaties such as the Geneva Conventions may require national law to conform.

Contd…

• Municipal Law” is defined as: “The ordinances and other laws applicable within a city, town or other local government entity”.

Contd…

• Municipal law is the national, domestic, or internal law of a sovereign state defined in opposition to international law. Municipal law includes not only law at the national level, but law at the state, provincial, territorial, regional or local levels.

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