“State Practice as to Operation of International Law within the Municipal

Arena”

Preface: To further analyze this statement at first, we need to understand some preliminary
concepts that must be needed to comprehend this more elaborately. The type of relationship that
exists between international and national law is a basic concern in international law. A complete
knowledge of the topic requires an awareness of how international law and State law interact.
From a practical perspective, having a solid understanding of this topic is essential. The law of
treaties, which may be the most important field of international law and one that frequently
influences state law, is made clearer as a result.
Before discussing how states currently practice international law, it's essential to first understand
the theoretical ideas behind it. This theoretical analysis is extremely important because it helps
address many complex questions that international lawyers face. These questions often involve
figuring out the boundaries between international law (laws between countries) and state law
(laws within a country). Apart from theory, there's a practical issue that's important for local
courts. This issue is about how much power these courts have to apply international law within
their own country's legal system. This becomes a significant concern when international rules
either match or clash with the laws of the country. 1
So, in simple words, we need to look at theory before seeing how countries actually use
international law. The theory helps lawyers answer tough questions about international and state
law. And practically, there's a big question for local courts: how should they use international
rules in their own legal system, both when these rules fit with local laws and when they don't? To
figure this out, we can learn from how countries handle these situations.
Defining International Law:
International law is a set of rules that guide how countries and global entities interact, shaping
their behavior in areas like trade, human rights, and conflicts. It's universal and applies to all
countries, who agree to follow these rules through agreements and treaties. Drawing from
customs and formal agreements, international law respects countries' self-governance while
promoting cooperation to enforce rules. It covers a wide spectrum of global concerns, safeguards
rights, and encourages peaceful conflict resolution. Adapting to changing circumstances,
international law plays a vital role in maintaining global peace, stability, and collaboration by
providing a framework to address challenges, uphold shared values, and facilitate cooperation in
our intricate and interconnected world. 2
Defining State Practice of International Law:
1
J. G. Starke Introduction to lnternational Law, page 75
2
Doctrinal Differences in the Definition of the Principles of Public International Law
March 2021European Journal of Law and Public Administration 7(2):70-79
DOI:10.18662/eljpa/7.2/128
LicenseCC BY-NC-ND 4.0
Authors: Svitlana ZADOROZHNA
The state practice of international law is about how countries actually behave on the world stage.
It's about how they interact, make decisions, and follow the rules that countries have agreed
upon. This behavior is crucial for creating and shaping customary international law, which is
based on consistent actions that countries take because they believe it's their legal duty. State
practice includes more than just official things like signing treaties or joining international
groups. It also includes informal actions like talking diplomatically, making statements, and
changing local laws to follow global obligations. Watching how countries act is important to see
how international law works in the real world. It shows us how countries understand, use, and
follow their global legal responsibilities. Experts, lawyers, and courts study state practice to
confirm what's considered customary international law, interpret agreements, and solve
disagreements. In essence, state practice is the actual behavior of countries on the world stage,
which has a big role in shaping and defining the rules that countries follow when they interact
with each other. 3
Defining Municipal Law:
Municipal law, also called domestic or national law, is the legal framework that governs
activities within a specific country. It includes the rules, regulations, and legal principles that
apply to individuals, businesses, and organizations within that country. This law covers a wide
range of areas such as crime, contracts, property, family matters, taxes, and more. Unlike
international law which deals with interactions between countries, municipal law focuses on
controlling how people and entities behave within a single nation. It is enforced by local courts
and authorities and is crucial for maintaining order, settling disputes, and safeguarding the rights
and duties of citizens within that country's borders. 4

3
University of North Carolina School of Law, The International Court of Justice and the Concept of State Practice
author A. Mark Weisburd
4
The Relation between International Law and Municipal Law
Edwin Borchard, Virginia Law Review Vol. 27, No. 2 (Dec., 1940), pp. 137-148 (12 pages)
Published By: Virginia Law Review