What is International Law?

International laws are a set of rules, regulations, norms, and principles for a state accepted
internationally as a guideline for a state to interact with another state in various sectors such as war,
diplomacy, human rights, trade, and other matters
International law is primarily concerned with state relations, although it is not exclusively so. Municipal
legislation regulates the interactions of individuals within the state as well as between individuals and
the state.
International law governs relations between members of the States family of nations Municipal law, on
the other hand, governs the relationships between individuals who are subject to the jurisdiction of a
particular state,

What is Municipal Law?

According to Black Law, it is the ordinance and laws applicable in the city, town, and other local entity of
the society. Therefore, a municipal law is considered a local or national law applicable within a defined
territory. It is for the domestic and internal purposes of a sovereign state against the essence of
international law.

Relationship between International Law and Municipal law

International law in theory, exists only at the international level, not within domestic legal frameworks,
which is consistent with positivism’s recognition of international and municipal law as separate and
autonomous systems. No municipal rule can be used as an excuse for violating international law,
according to a concept accepted both in international case laws and treaties. International law’s position
in municipal law is more complicated, and it is determined by a country’s domestic legislation.

Dualism
Dualism is a theory that considers local or municipal law and international law as two different branches
of law. According to this theory, as per their sources, principles, and subjects, these two laws must act
independently. It stresses the rules that international and municipal law exists in two different scenarios,
and therefore they do not overrule each other.
According to the dualism theory, any international law cannot affect an individual from the state until it
has been transformed into a state or domestic law. The transformation of such laws is the crucial
doctrine of dualist theory.

Monism
the monist approach considers laws as a single entity, and they are against the idea of separating these
two branches as international and municipal laws. The monist theory is based on the Kantian philosophy
of law which follows the unitary conception for laws. It says that the laws are derived from one single
source, and any local or domestic law contradictory to international law is invalid. It does not believe in
the claim of dualism that there is a need to transform international law into municipal law.

3. Specific Adoption Theory It is based on the dualist philosophy. According to this principle, no laws
of international law can claim to be enforced by municipal courts on their own force 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.

Harmonisation Theory

It is a separate approach from the dualist and monist approach. The dualist and monist theory does not
successfully define the relationship between international and municipal laws as to which law is superior
to others. Harmonisation theory explains that if there is any conflict between municipal and international
laws, domestic laws will be applicable in the domestic sphere and separate the state’s obligations to the
international laws. It suggests that the courts must try to minimise the differences between these two
laws through the harmonisation process, ultimately leading to equivalent positions for both these laws.