1.

Defination, nature and basis of International Law

Defination: Intenational Law is the term commonly used for referring to laws that govern the conduct of
independent nations in their relationships with one another. Each country in the world formulates laws to govern the
society in efficient manner and ensure peace and security. Similarly, at the international level, when countries come
together at a common platform to formulate law that governs intercourse between them, it is referred as
international law.
The term ‘International law’, also referred to as Laws of Nations was first coined by Jeramy Bentham in 1780. Every
country is referred to as ‘state’ in International Law.
International laws are a set of rules, agreements and treaties that are binding between countries. Countries come
together to make binding rules that they believe will benefit the citizens. It is an independent system of law existing
outside the legal framework of a particular state.
Definitions of International Law
According to Fenwick:
It is the body of rules accepted by the general community of nations, as defining their rights and the means of
procedure by which those rights may be protected or violation of them is redressed.

According to J.G. Starke:

It is that body of law comprised of greater part of its principles and rules of conduct, which States feel themselves
bound to observe and therefore do commonly observe in their relations with each other.

According to Prof. L Oppenheim:

Law of nations of international law is the name for the body of customary and conventional rules which are
considered legally binding upon civilised states in their course with each other.

According to J.L Brierly:

The law of nations of international law may be defined as the body of rules and principle of action, which are binding
upon civilized states in their relation with one another.

According to Philip C Jessup:

International law or the law of nations must be defined as law applicable to States in their mutual relations with
other States. He adds further that international law may also be applicable to certain inter-relationships of
individuals themselves, where such inter-relationship involves matter of international concern.

According to Torsten Gihl:

The term international law means the body of rules of law, which apply within the international community or
society of states.

According to Gray:
International law or the law of nations is the name of a body of rules which according to their usual definition
regulate the conduct of States in their intercourse with each other.

According to Hall:
International law consists of certain rules of conduct which modern civilized States regard as binding on them in their
relation with one another with a force comparable in nature and degrees to that binding the conscientious
person to obey the laws of his country and which they regard as being enforceable by appropriate means in case of
infringement.
Branches of International Law:
a) Jus Gentium
 Referred to as ‘laws of nations’ in Latin, considered to be those set of rules part of those portions of law mutually
governing a relationship between two nations and do not form part of a legal code or a statute.
b) Jus Inter Gentes
Referred to as ‘law between the peoples’, considered to be those agreements and treaties, mutually accepted by
both countries.

International law “can refer to three distinct legal disciplines:

i) Public International law: which governs the relationship between provinces and international entities , either as an
individual or as a group. It includes the following specific legal field such as the treaty law, law of sea, international
criminal law and the international humanitarian law
ii) Pivate international law: or conflict of laws , which addresses the question of 1) in which legal jurisdiction may a
case be heard and 2) the law concerning which jurisdiction (s) apply to the issue in the case.
iii) Supranational law or the law of supranational organizations, which concerns at present regional agreement where
the special distinguishing quality is that laws of nation states are held inapplicable when conflicting with a
supranational legal system.

Major Differences between Private and Public international Law

 Public international law is more important than private international law.

 Public international law deals with States and on the other hand, private international deals with individual.
 Public international law is similar for all the countries, while private international law varies from one country to
another.
 Public international law is formulated by international organizations, based on customs and treaties, while private
laws are framed by legislature of respective nation.
 Implementation of public international law is quite intricate task as compared to the private international law.
Nature of International Law
International law is quite dynamic in nature as it has multiple stakeholders. So, it's not easy to outline nature of
international law. Jurists have different opinions regarding nature of international law.

 It is not easy to formulate principles, rules and regulations, methods, etc., of international law.
 Principle of reciprocity act is a basis of international law.
 The framework of interaction between nations is also established by the international law.
 Municipal law of nations implements the provisions of international law in their respective jurisdiction.
 Collective action is taken by countries when any country violates the principles of international law.
 International law provides for peaceful resolution of disputes and discourage military or economic sanction route.
 There are different sources of international-law such as custom, treaty, charters etc.
 States are allowed to implement international law in their territory according to their wishes.

Is International Law a True Law or Not

This is the biggest question till date on the nature of international law, whether it should be considered as a law or not.
There had been controversy over it, many jurists such as Hall, Lawrence, Frederick Pollock etc. perceive it as a law where
as John Austin, Holland, Jeremy Benthem deny the fact.

Jurists who were against It

Most important name in this regard is of John Austin, he believed that international law is not a true law. According to
him, International law is not a true law, but a code of rules and conducts of moral force only.
He said that there is no sovereign authority which provides for the enaction of international law, rather it depends on
the will of nation to ratify it. He described international law as positive international morality consisting of opinions or
sentiments current among nations.

Another jurist Holland also denied international law as a true law. He said that international law is distinct from
municipal law as it not supported by the authority of law. According to him, international law is vanishing point of
jurisprudence.

He also states that international law could not be kept in category of law because it lacks sanction, which on another
hand is integral feature of municipal law. Other prominent jurists who supported this idea were Jeremy
Bentham and Jethro Brown.

Jurists Who Supported It

Many jurists supported the fact that international law is law in true sense. Most important name in this regard is Sir
Frederick Pollock, according to him, international law satisfy the condition required to be a law. It has been properly
formulated by competent political community and recognised by the members on whom it will be implemented.
Hall and Lawrence also supported this view. They said that international law is treated and enforced like law. According
to them, international law is based on custom and precedent like other municipal law.

Basis of International Law:

There are two rival theories that explain the basisi of International lawi.e. Theory of fundamental Rights and the theory
of consent.
1. Theory of Fundamental Rights:
This theory is derived from the idea of law of nature. According to this theory, as individual has fundamental rights,
similarly State also possesses certain fundamental rights. Fundamental right of States includes sovereignty, equality,
self-determination, independence etc. Due to inherent fundamental rights in the State, no institution at global level
is over and above the State.
2. Theory of Consent
One of the most important theories regarding basis of international law is the theory of consent. This theory heavily
emphasizes that consent of a State is important in the implementation of international law. Consent can be either
explicit or implicit. This theory was also supported by the propounder of positivist theory such as Anzilotti, Triepel,
Oppenheim etc. States observe rules of international law because they have given their consent for it. Other jurists
who criticized this theory were Starke, Brierly, Kelsen, Fenwick etc.
Three other related theories
1.The Positivist theory:
It is based on the principle of law positivism, which means fact as contrasted with law which ought to be. Positivists
believe that law enacted by competent authority is binding on the subject. According to Starke, international law can in
logic be reduced to a system of rules dependent for their validity on the fact that States have consented to them.

According to Brierly, the doctrine of positivism teaches that international law is the sum of rules by which States have
consented to be bound and that nothing can be law to which they have not consented to be bound.

According to Italian Jurist Anzilotti:

the binding force of international law is based on a fundamental principle known as Pacta Sunt Servanda.
But the positivist theory fails to explain the binding force of customary rules of international law.
2. The Auto Limitation theory
This theory is quite similar to the theory of consent. Jellinek was main propounder of this theory. Auto-limitation
theory says that international law is binding on State because States have restricted their power through the
 process of auto-limitation. This theory was also supported by positivist. Each state has a free will and its sovereign
but by utilizing the process of auto-limitation, it can allow implementation of international law on it. Thus, we can
say that international law is not binding on nation but through adoption and ratification, they allow international
law in their municipal law.
3. Doctrine of Pactra Sunt Servanda
'Pacta Sunt Servanda' means if state enters into agreement, then it should follow and respect it in good faith. Chief
exponent of this theory was Italian jurist, Anzilotti. According to him, 'Pacta Sunt Servanda' is basis of binding force
of international law. This principle is based on the idea of actual practice of law.
Conclusion: True Basis: The true basis of International Law is that a modern State cannot lead an isolated life in the
present context of world affairs.With improved means of communication and establishement of permanent
international institutions, the whole world is knit together into a family of nations and any event accuring in any part
of the globe ha sits repercussion on the rest of the world.

II. Sources of International Law

The most authoritative and complete list of thesources of International Law come from the Statute of International
Court of Justice (established under the UN charter)
Article 38 (1) of the Statute defines the sources of International Law as under:

 International Conventions or Treaties, whether general or particular, establishing rules expressly recognized by
contesting States.
 International Custom as evidence of general practice accepted by law.
 General principles of law recognized by civilized nations.
 Subject to provisions of Article 59, judicial decisions and teachings of most highly qualified publicist of various
nations, as subsidiary means for determining the rules of law.
 International Conventions or Treaties
International treaties are the most important source of international law. Article 38 of the Statute of ICJ
lists international conventions whether general or particular, establishing rules expressly recognized by the contesting
States as the first source of international law. The term convention implies any treaty, convention, protocol or
agreement, etc. Treaties may be classified into following two categories:
Law-making treaties: These treaties have a large number of parties and create general or universal norms. These may
be of two kinds: those enunciating universal rules e.g. United Nations Charter, and those laying down general rules e.g.
1958 Geneva Convention on the Law of the Sea, Vienna Convention on the Law of Treaties, 1969, etc.
Treaty-contracts: It is a treaty between two or only a few States dealing with a special matter concerning these States
exclusively.
Only law making treaties form the source of International Lawq and not the ordinary bilateral treaties which bind only
two or more States for some special object, or which are of special interest to the participating powers .

A) International Custom
The original and the oldest sources Law is known as Custom. The rules of customary International Law involved a long
historical process which gained recognition by the entire community. The presence of customary rules can be deduced
from state practice and behaviour because it is not a written source of law.
Requirements of valid customary rule:
a) Lapse of Time: Continuous and regular use of particular conduct is considered as a rule of customary law. In
the North Sea Continental Shelf cases, the ICJ stated that there is no precise length of time during which the practice
must exist. It is simply that it must be followed long enough to show that other requirements of custom are
satisfactory.
b) Uniform and general: State practice to give rise to binding rules of customary International Law, that practice must
be uniform, consistent and general and must be coupled with a belief that the practice is obligatory rather than
habitual. In the Asylum Case, the court declared that a customary rule must be used constantly and uniformly
throughout history which can be traced through state practice.
c) Wide Spread Practice: Practice of a few nations cannot render a usage into a custom. the usage must be
acknowledged , accepted or practiced by most , not necessarily by all, States

d) Opinio juris et necessitatis

The State practice, even when it is consistent and widely accepted, is not a customary law, unless it is
accompanied with the ‘psychological element’, that is opinio juris et necessitatis, meaning, an opinion of
law or necessity. It is the thin line that connects usage to custom. The International Court of Justice in
the Nicaragua case held that if the opinio juris or legal obligation of usage can be proved, it will turn into an
international custom

B) General Principles of Law

Most modern jurists accept general principles of law as common to all national legal systems, insofar as they are
applicable to the relations of States. There are fewer decided cases in international law than in a municipal system
and no method of legislating to provide rules to govern new situations. It is for such a reason that the provision of
‘the general principles of law recognized by civilized nations’ and was inserted into article 38 as a source of law.

Some of the examples of General principles include:

 The rule of res judicata which has been affirmed by the court in the case of Genocide Convention Bosnia and
Herzegovina v. Serbia and Montenegro,
 The rules of pacta sunt servanda made applicable,
 Reparation must be made for damage caused by the fault,
 The right of self-defence for the individual against attack on his person, family, or community against a clear and
present danger,
 For one’s own cause no one can be a judge and that the judge must hear both sides

C) Judicial Decisions and Juristic Works

Art. 38 (1) (d) of the Statute of ICJ states that the Court shall apply subject to the provisions of Art. 59, judicial
decisions and teachings of the most highly qualified publicists of various nations, as subsidiary means for the
determination of rules of law.

Thus, judicial decisions and juristic works are subsidiary and indirect sources of international law. The decisions of
International Court of Justice do not create a binding general rule of international law, as Art. 59 of the Statute of
ICJ make it clear that the decisions of the court will have no binding force except between the parties and in
respect of the particular case. Although ICJ has not adopted the common law doctrine of precedent (i.e. stare
decisis), it has largely adopted its substance.
State judicial decisions
It is true that decisions of municipal courts of a State have little value in international law, but the uniform decisions
of the courts of many States have a tendency to create evidence of international custom especially in those fields of
international law which are interwoven between international law and municipal law such as nationality,
extradition and diplomatic immunities.
 Writings of Jurists

This source may be resorted to as final resort i.e. only when all the other sources listed in Art. 38 have failed to
resolve the dispute before the Court. Sometimes juristic opinion does lead to the formation of international
law. Calvo clause and Drago doctrine are the instances of such rules in international law. In Paquete Habana
Case, Justice Gray observed: Where there is no treaty and no controlling executive or legislative act or judicial
decision, resort must be had to the customs and usages, and, as evidence of these, to the works and
commentators, who by years of labour, research and experience have made themselves peculiarly well acquainted
with the subjects which they treat.

D) Resolutions of the General Assembly (Modern Sources of International Law)

b. After the establishment of U.N., most of the development of international law and its codification has taken place
through the instrumentality of international organizations. General Assembly, one of the principal organs of U.N.,
has established International Law Commission. The decisions and determinations of organs are now recognized as
an important source of international law (although they do not find mention in Art. 38 of the Statute of ICJ).
c.
III) History ,Development and Codification of International Law

International Law is one shape or another has always existed in almost all climes and ages. The history of Indian ,
Jews , Greeks and Romans shows such instances.
Indian Context:
Traces of International law in the form of privilege of ambassador, treaties and the rules governing the
declaration and conduct of war are found in the history of India. The epics of Ramayana and Mahabharata make
pointed references to rules and usages governing war, peace and neutrality based on Dharma .Even Arthashastra
of Kautilya and Nitishastra of kamandaka lay sown the rules for the conduct of govt and foreign affairs. Manu
distinguishes between righteous and unrighteous wars. Even the mughal rulers in india developed relation with
some of the foreign states. They received ambassadors from European countries and entered into treaties

Jewes:The jews had the same laws for foreigners residing on Jewish territory as for themselves.With freiendly
nations the Jews has international relations. They faithfully observed treaties and considered ambassors as
sacrosanct

Greeks: The Greeks were more civilised than their neighbours whom they regarded as barbarians their notion of
Superiority prevented from developing mutual relations with their neighbouring nations. Oppenheim observes
that the Greeks left to history the example that independent sovereign states can live in a community which
provides a law for the international relations of the member states provided that there exist some common
interest and aims which bind these States together

Romans:The Romans has advanced notion of international Law. The Romans has 20 priests, termed as fetiales,
who manage the relations with foreign Dates by the laws jus fetiales or jus sacrale. The Romans has two sets of
laws:
Jus civile: The laws that were applicable exclusively to themselves i.e. romans
Jus Gentium( later came to be known as jus natural): the laws that they had in common with other nations

Three periods of History of international Law:

Lawerence divides the History of International law into three periods:

First period:During this period it was believe that the nations owed duties to one another if they were of the
same race but not otherwise
Second period: This period is characterised by the conception that there was to be found somewhere a common
superior who regulated the dealings of the ordinary political communities with each other
Fifteen ands Sixteen centuries : The Romans empire embraces nearly the whole civilised ancient worlds and the
personal character of each emperor determined the nature of the influence on th empire. The Emperor an the
Pope claimed universal authority as the temporal and spiritual heads
 Third Period:
The third period extends from the Reformation to the present time .Here the international law was based on the
principle that States are separate and independent members in a great society controlled by no common superior
, however governed by rule of conduct binding on all its members.

Development of International law:

( Seventeenth and Eighteenth Centuries): international Law in its modern sense was regarded to begin from
Grotius (1583-1645).Hugo Grotius is called the father of the law of nations. He distinguished between the Jus
gentium (the customary law of nations) and the jus naturae ( the natural law of nations)
The seventeenth and Eighteenth centuries gave birth to three different schoold of writers on the law of
nations. They were:-
1) The Naturalists ( the Pure law of nature school)
2) The Positivists ( the historical; school )
3) The Grotians (eclectics)
a) The Naturalists: they denied that there was any positive law of nations based on custom or treaties but
maintained that it was only a part of the law of nature .Samuel Pufendorf led this school and he could justify
resort to war when all means to a peaceful settlement has been exhausted and advocated that there should be no
laws of wars , as any mercy shown in the prosecution of the war would only retard the early return of the natural
state of peace.
b) The Positivists:They differ fundamentally from the Naturalists and describe the growth of International Law to
custom and international treaties. The regard the practice of the States in their mutual relations as the true
source of International Law
c) The Grotians:
d) They occupied a position midway between the Naturalists and Positivists. They maintained the distinction
between natural and voluntary law of nations and kept both as the bases of the law.
Ninteenth and Twentieth Centuries

 During 19th and 20th centuries, international law got its formal shape. Various pacts and treaties were signed in
this period which finally concluded in the formation of United Nation. Various treaties, declarations, conferences
are as follows:
Congress of Vienna (1815)
Congress of Vienna is known as watershed moment in the evolution of international law. It is also referred as
Vienna Congress, held in 1815. It was chaired by Klemen's Von Metternich, an Austrian statesman. It was
attended by ambassador of European states with the objective to provide a long-term peace plan for Europe.
Solving critical issues aroused from the French Revolutionary War and the Napoleonic War were main agenda of
the Congress. It laid down the international rules such as rules with regard to International River, categorization of
diplomatic agent etc.

Paris Declaration (1856)

It is another important landmark in evolution of international law. In this declaration, 55 nations agreed on the
diplomatic policy related with the Maritime Law. This declaration also laid down the rules relating with the naval
warfare.

The main principle that evolved in it was to prohibit attack on undefended people and before sinking enemy ship,
attempt should be made to save the life of the crew. It was codified by France and Great Britain.

Three agreed principles of the declaration were no privatizing, effective blockade and free ship make free goods.
This declaration redefined the relationship between belligerent and neutral nations. It paved the new rules for the
navigation in high seas.

Geneva Convention (1864)

It formulated rules and regulations for the protection of victims of armed conflict and people involved in
providing care to them. The first Geneva Convention treaty was adopted in 1864, which was reframed and
amended in 1906, 1929 and in 1949. Overall, there are four treaties of Geneva Convention. At present, the
International Committee of Red Cross mainly sees the implementation of Geneva Convention. Killing of wounded
soldiers were prohibited in Geneva Convention treaty.
 Hague Convention of 1899 and 1907
Two conventions were held at The Hague in the Netherlands with an objective to sort out international law for
peaceful settlement of international dispute. This convention was important from the view point of laying
international law during conflict. Duties and rights of national states, prohibiting bombardment on undefended
people, limiting armament etc. were important outcomes of this convention. This convention also led to
establishment of Permanent Court of Arbitration. The third conference was scheduled to be held in 1914, but due
to outbreak of First World War, third conference could not be held.

League of Nations (1919)

League of Nations is also referred as Child of First World War. When the leaders of Western nations met at the
Paris Peace Conference, they decided to form an international organization which can solve international disputes
and should not allow repeat of incidents like World War. It was established under the Treaty of Versailles.

The main provision of the covenant of League of Nations was to settle disputes through peaceful methods such as
arbitration, negotiation etc., before resorting to disputes. If any member resorted to war, going against the
principle of covenant of League of Nations, then the member will be considered as an enemy of whole League of
Nations. Permanent court of International justice was established by the League of Nations. Due to various
reasons, league was not able to perform its cardinal objective which led to the outbreak of Second World War,
therefore new organization, the United Nations came into existence.

Locarno Treaties (1925)

Locarno treaties were result of negotiation between France, Germany, Britain and Italy held in Switzerland in
1925. There were total seven agreements under this treaty. The nations (above mentioned) undertook the
obligation not to use force while settling border dispute and peaceful mechanism will be followed. Another
objective was to normalize relations with defeated Germany (the Weimar Republic). Later in the year 1936,
Germany refused to follow the provisions of the treaty.

Kellogg Briand Pact (1928)

It is also known by the name 'Pact of Paris', the General Treaty for Renunciation of War as an Instrument of
National Policy. It was devised with the objective to control outbreak of war. This treaty obliged nations to shun it
policy to use war as an instrument for settlement of international disputes.

Second World War

 The United Nations (1945)
The failure of League of Nations led to the Second World War. At the end of Second World War, a new
organization came into existence i.e. the United Nations, with the aim to protect world from future war. It was
established on 24th October, 1945, when heads of 50 governments met at San Francisco for a conference and
drafted UN Charter. At present, this organization is nodal point of international law. It aims at maintaining
international peace and security, ensuring friendly relation between nations and achieving international
cooperation.

Codification of International Law

Code is a consolidation of the statute law or statute collecting all the law relating to a particular subject.
Codification is the process of translating into statutes or conventions, customary law and their rules arising from
the decisions of tribunals, with little or no alteration of the law. Codification secures, by means of general
conventions, agreements among the states upon certain topics of international law and acts as a check whereby
the determination of particular law is not left to the caprices of judges. It also tends to reconcile conflicting views
and renders agreement possible among different States.
2) Different Meanings of Codification

The term codification of international law ( Codification of the Law of Nations) has been employed 3 different
senses - (1) The harmonizing of Municipal Law of various countries by the preparation and enactment of uniform
statutes.
 (2) A systematic re-statement of existing customary international law, for example as retaining and declaring
the existing rules of international law.

(3) developing, amending and improving the law as it is re-stated

The committee on the progressive development of international law and its codification, set up by the United
Nations General Assembly resolved the controversy between the second and third meaning of codification. Article
15 of the statutes of the International Law Commission distinguishes between the progressive development of
international law and its codification.

According to Professor Woosley, the Codification of Law of nations (International law) must entail two processes -

(1) The scientific determination of the law, and

(2) the achievement of the universal acceptance of the law of so Defined by means of a multilateral
convention Generally Accepted. He admitted that in character the second process was the legislative and political
system.

Codification basically involves a process of legislation and consolidation.

3) Brief History of International Codification

The idea of codification of the law of nation (codification of international law) was first mooted by Bentham
at the end of the 18th century. He suggested Utopian International Law which could be the basis of an everlasting
peace between civilized States.

4) Difficulties of Codification

The main difficulty, however, in the way of codification is as Sir Cecil Hurst aptly remarks, "if it is left to
government to meet in conference for the purpose of deciding what are the rules of International Law, it is
inevitable that their efforts will be directed to agreeing or trying to agree on the rules of international law as they
ought to be for example rules which would be appropriate to the present day requirements; and delegates will
find that the requirement of government so diversified, so contrary that agreement is impossible.

5) Codification by Individual writers

(i) Alfons Von Domin Petrushevecz -

In 1861, an Australian jurist Alfons Von Domin Petrushevecz who published at Leipzig his code entitled
Precis d'un code de droi international Showing the possibility of codification of international law.

(ii) Prof. Francis Liber

In the year 1863 Professor Francis Liber of the Columbia University Law School, New York, drafted the law of
War in a body of rules, which the United States published as "instructions for the Government of Armies of the
United States on the field". These rules were applied in the U.S. civil war and also formed the basis of the Hague
Regulations.

iii) Bluntchli

In the year 1868 Bluntchli Published a well-known draft code Das moderne Velkerrecht de civilisirten
Staaten als Rechtbuch dargestellt, which received publicity and was translated into seveal languages.

(iv) Dudley Feild -

In 1872 Dudley Feild published at New York "draft outlines of International Code".
 (v) Emperor Alexander II of Rasia

In the year 1874 at the initiative the Emperor Alexander II of Rasia, the Brussels conference drafted a body
of 60 Articles and of the name of the declaration of Brussless, but those articles were not ratified by the powers.

In the year 1880, Institute of international law published its Manuel des lois de la guerre sur Terri.

(vi) Leon Levi

In the year 1887, Leon Levi, published his International law with materials for the code of International
Law.

(vii) Pasquale Fiore

In the year 1890, the Italian jurist Pasquale Fiore published his Code of International Law.

(viii) E Duplexis -

In 1960, E Duplexis published package code of international law.

(ix) Jerome Internoscia

In the year 1911 Jerome Internoscia published in English French and Italian.
6) United Nations Charter and Codification
United Nations Charter, Article 30 of the Charter gives ample scope for the codification of International law. it
reads -
"the general assembly shall initiate studies and make recommendations for the purpose of - a
(a) Promoting International co-operation in the political field and encouraging the progressive development of
international law and its codification......."

8) Codification of Space Law

The United Nations General Assembly by the resolution adopted on 13 December 1958, recognised the common
interest of mankind and outer space which should be used up for peaceful purposes only and established an ad
hoc committee on the Peaceful uses of outer space.

IV) Relationship between Interantional law and Minicipal Law:

Relationship between International Law and Municipal Law
Municipal law is commonly known as State law. There are different perspectives regarding relationship between
international law and municipal law. According to some jurists there is intricate relation between them, while
others deny any relationship between them.

There are many theories which have discussed relationship between International law and Municipal law, which
are as follows:
Dualistic Theory (International law is considered as inferior to domestic law)
The chief propounder and supporter of this theory are Triepel and Anzilotti. They view international law and
municipal law different from each other. Both of them hay different sources and scopes. Dualistic believes that
international law does not form part of domestic law of State. International law is considered as inferior to
domestic law. According to Triepel, the difference between international law and municipal law is in the area of
subject, principles, origin, source, substance of law and subject matter.

Monistic Theory (No distinction between international and municipal law)

Monistic theory was contradictory to the dualistic theory, According to this theory, they are flip side of same coin
and there is no distinction between international and municipal law. As per monistic supporter, both the laws have
same objective such as ensuring peace and security, etc. This theory believes that both the laws are interconnected
and interdependent, also individuals are ultimately subject of each other. Followers of this theory stated that
international law is superior than the domestic law.

Transformation Theory
It is another perspective, which says that with time international law undergoes transformation into municipal law.
Hence, international law acts as a source of municipal law. Through transformation procedure, rules set by
international treaties are extended to individual of state through ratification of treaty and enaction of law.

Adoption of Kyoto protocol, convention on child labour by the nations are some of the examples of transformation
theory.

Delegation Theory
In reaction to transformation theory, delegation theory came into existence. According to this theory, international
law did not directly transformed into municipal law, but it is decided by State on its own when the provisions of a
treaty or convention are to be made effective and in which manner. Legislature of State is final body in formulating
international law into municipal law.

Specific Adoption Theory

This theory laid down the principle of adoption, which is based on the principle that international law cannot be
directly enforced through municipal law. So, execute international law into country, a country has to adopt it. This
adoption principle is based on the international conventions such as Hague Convention 1970, Vienna Convention
etc., which provided that law enacted by international organization or Convention may be adopt by the nations to
include in their municipal law. In the case of Jolly George v. Bank of Cochin 1980, the court held that any agreement
does not automatically become part of municipal law, but the positive commitment of state parties inspires their
legislative action.