Scribd Logo
Upload

Welcome to Scribd!

  • 74 views

    5 - Public International Law - Municipal Law

    Uploaded by

    Abhish
    This document discusses the differences between international law and municipal (domestic) law. It notes that international law governs relations between states, while municipal law controls relations between individuals and the state as well as between individuals within a state. The sources of the two laws also differ - international law sources include custom, treaties, and judicial decisions, while municipal law has a hierarchy of legal authorities. The document then examines different theories on the relationship between international and municipal law, including monistic, dualistic, specific adoption, and delegation theories.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd

    5 - Public International Law - Municipal Law

    Uploaded by

    Abhish
    74 views15 pages
    This document discusses the differences between international law and municipal (domestic) law. It notes that international law governs relations between states, while municipal law controls relations between individuals and the state as well as between individuals within a state. The sources of the two laws also differ - international law sources include custom, treaties, and judicial decisions, while municipal law has a hierarchy of legal authorities. The document then examines different theories on the relationship between international and municipal law, including monistic, dualistic, specific adoption, and delegation theories.

    Original Description:

    ioop

    Copyright

    © © All Rights Reserved

    Available Formats

    PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    This document discusses the differences between international law and municipal (domestic) law. It notes that international law governs relations between states, while municipal law controls relations between individuals and the state as well as between individuals within a state. The sources of the two laws also differ - international law sources include custom, treaties, and judicial decisions, while municipal law has a hierarchy of legal authorities. The document then examines different theories on the relationship between international and municipal law, including monistic, dualistic, specific adoption, and delegation theories.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    74 views15 pages

    5 - Public International Law - Municipal Law

    Uploaded by

    Abhish
    This document discusses the differences between international law and municipal (domestic) law. It notes that international law governs relations between states, while municipal law controls relations between individuals and the state as well as between individuals within a state. The sources of the two laws also differ - international law sources include custom, treaties, and judicial decisions, while municipal law has a hierarchy of legal authorities. The document then examines different theories on the relationship between international and municipal law, including monistic, dualistic, specific adoption, and delegation theories.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    You are on page 1of 15

    PUBLIC INTERNATIONAL

    LAW

    BY –
    SURBHI WADHWA
    Assistant Professor (Law)
    Jiwaji University,
    Gwalior
    What is the difference between
    International Law and Municipal
    Law?
    Introduction
     The basis of both laws is different in many
    ways.
     Firstly, International Law is majorly
    concerned with the relation among States.
     Whereas Municipal Law controls the
    relationship between individuals and the
    State and between the individuals within a
    State.
     Secondly, in the case of International Law,
    the law is not above the individuals but
    between the sovereign States and the States
    themselves create the law.
     In International Law, the States often disobey
    the laws or create laws as per their interests.
    Whereas in the case of Municipal Law, the
    law is deemed to be above the individuals, as
    is the case with the laws of most of the
    countries, the law is deemed to be above
    individuals.
     Thirdly, the sources of both laws differ.

     Article 38 of the Statute of the ICJ is


    considered as the most authoritative
    statement of the sources of law for the
    Public International Law.
     It states the sources of law such as customs,
    conventions, treaties, general principles of
    law recognized by civilized nations and
    judicial decisions and teachings of highly
    qualified publicists.
     Whereas in the case of Municipal Laws
    there is a hierarchy of laws which
    determines, which legal commandment is
    more authoritative than others. For
    instance, in many countries, a hierarchy of
    courts is established wherein the
    judgments of higher courts are of more
    authoritative value and thus are relied
    upon by the lower courts.
    Theories of Relationship
     Monistic Theory
     Dualistic Theory
     Specific Adoption Theory
     Delegation Theory
    Monistic Theory
     Exponents – Kelsen, Wright, Westlake
     Municipal Law as well as International law
    are parts of one legal system serving the
    needs of the human community in one
    way or the other.
     Both systems regulate the conduct of the
    individuals (municipal law does so
    immediately, international law does so
    mediately, through states)
     In actual practice, states do not follow
    Monistic Theory.
     Reason – International Law and Municipal
    Law are two separate systems of law.
     Each state is sovereign and as such not
    bound by international law.
    Dualistic Theory
     Exponents – Triepel, Anzilloti, Starke
     International law and Municipal laws of
    the several states are two distinct,
    separate and self-contained legal systems.
     The subjects of Municipal Law are
    individuals, while subjects of International
    Law are States.
    Specific Adoption Theory
     International law are not automatically
    applicable in the municipal sphere, and
    they become binding on municipal courts,
    only if such rules are transformed into
    municipal legislation.
     Geneva Convention
     Vienna Convention
    Delegation Theory
     There is delegated to each state
    Constitutional rules of international law
    which permit each state to determine as
    to how international treaties will become
    applicable in the field of state law.

    You might also like