LAW 1. International Law is the law of Municipal Law is the law of State nations, regulating the relations regulating the conduct of individuals between the member States of the and deal with the relation between family of nations. individual and the State. 2. International Law is concerned Municipal Law is infra-state affairs mainly with foreign affairs or inter- concerned with domestic affairs. state affairs. 3. International Law is a nature of Municipal Law is of command and consent and consensus. sanction. 4. International Law is a decentralised Municipal Law is a centralised acting system acting vertically. horizontally. 5. International Law applies on Municipal Law applies on individuals individual mediate. immediate. 6. International Law is the common will Municipal is the will of the Sate of the States. empowered by sovereign authority. 7. International is considered as a Municipal Law is the stronger law from weak law in comparison to Municipal the positivist point of law. Law only from the positivist point of view. 8. In International Law treaties, In Municipal Law the source of it is conventions, customs, general legislation. principles of law are the primary sources of it. 9. In International Law the In Municipal Law judiciary is all International Court of Justice acts as pervasive. judiciary, but the decision of the Court is binding upon the parties to the litigation who have submitted themselves to the jurisdiction of the International Court of Justice. 10. Court administration in International In Municipal Law Court is bound by the Law gives effect to a law which is law laid down by the sovereign States laid down not by any State but for its enforcement.
PREPARED BY: DEBDEEP SINHA
INTERNATIONAL LAW –VS- MUNICIPAL LAW 2
originates from State law making
treaties, declaratory treaties, customs usages and decisions of the International Court of Justice. 11. International Law has to be adopted There is no such requirement in the and incorporated in the legal system case of Municipal Law. Laws made in of a State; they cannot be directly the field of Municipal Law get directly applied in the field of Municipal Law. incorporated in the legal system of a State. 12. In case of conflict between International Law and Municipal Law the latter will get primacy or overriding effect upon the former (Jolly George Verghese & Anr vs. The Bank Of Cochin 1980 AIR 470). 13. Custom is the source of Custom may become the source of International Law among the States. Municipal Law also grown up within the Sate and receive the attestation. 14. Rules of International Law are applicable to the field of Municipal Law in whose system and procedure prevailing in the State under this law there is no question of ratification of International Law at the State Legislature which are arising out of law making treaties. 15. In case of enforcement measures of Security Council under Chapter VII of the U.N. Charter, 1945, the International Law plays supreme role in that situation, whereas the State Law and the strict concept of sovereign takes a backseat.