Municipal Law vs.

International Law

Municipal Law International Law

Controls relations between individuals Largely but not altogether concerned with
within a state and between individuals relation among states.
and the state.

Regulates relations between the Regulates relations between the member

individuals under the sway of the states of the family of nations.
respective state and the relations between
this state and the respective individuals.

Law of a sovereign over individuals “Law of Nations” is a law not above, but
subjected to his way. between sovereign states.

The ordinances and other laws applicable
within a city, town or other local
Government entity.
A collection of laws, norms, and principles
that are widely accepted in international
relations, and it provides normative
guidelines and a common conceptual
structure to direct states in a variety of
areas, including war, diplomacy, trade, and
human rights.

A collection of laws that are widely

recognized and acknowledged as binding
in international relations.
Sources:
1. https://www.slideshare.net/PRAVEENKUMARYADAV31/relation-bw-international-la
w-and-muncipal-law
2. https://lawcorner.in/relationship-between-international-law-and-municipal-law/

Theories:
(https://lawcorner.in/relationship-between-international-law-and-municipal-law/)

1. Monistic Theory
- According to this theory, the domestic civil order is the only legal structure
that exists. The proponents of this theory deny that international law is a
separate and self-contained body of law. Kelson, an Austrian jurist, founded
the monistic theory. Monists believe that both municipal and international
law are members of a single universal legal framework that serves the
interests of the human race in some way. As a result, the law of nations is
indistinguishable from state internal or municipal law, and it is only relevant
as part of the universal legal order. As a result, they are both genus-law
organisms. Monistic theorists refuted Dualists’ claims that the two
structures differed in terms of origins, substance, concepts, and subject
matter.

2. 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. International Law does not form part of a state’s domestic law
since it is a separate framework. Since they have no common grounds or
subjects of application, such a view eliminates any debate over which form

Public International Law Research | AUSL 2023 | Patricia Yuma

 of law is superior to the other. Each is supreme in its own domain. 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.
- Triepel, a well-known German scholar, proposed this idea in 1899. Later on,
Italian jurists Anzilotti and Starke adopted the idea. The two systems of law,
according to the writers, differ in terms of sources, subjects, law substance,
principles, and subject-matter dynamicism.

3. 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. It cannot be extended to local law until it is converted. States use a
special “transformational” device to integrate treaties and norms into their
municipal rules.

4. 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.
In this principle, any party to a contractual arrangement will recognize all
provisions of the international legal framework. The basis of International
Law, according to Article 38(1) of the Tribunal Statutes, is “General Principles
of Law Accepted by Many Civilized Countries.” It assists judges in
developing international legal material. This demonstrates that for
International Law to work, agreement is not always needed. When it comes
to treaties, the consent principle isn’t entirely applicable. Although having
an agreement with any other country is relevant, having the consent of a
third country is not. So no third party will intervene in any of the States’
affairs.

5. Specific Adoption Theory

- It is based on the dualist philosophy. According to this principle, no laws of
international law can be enforced by municipal courts on their own unless
they are transformed and implemented directly by municipal courts and
systems. Only if they are expressly adopted, international law laws become
part of national law.

6. 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.

Public International Law Research | AUSL 2023 | Patricia Yuma