Relationship between

International Law & Municipal

Law
Dr. Amol Deo Chavhan
Assistant Professor of Law
Manikchand Pahade Law College,
Aurangabad
amolchavhan13@gmail.com
 Int. Law & Municipal Law
• Nature
 Different from one another
 Municipal Law is specific /Int. law is
General
 Rule over the subject/ Over the State
 Rights and duties are specific / Not
Specific
 Enforcement of law is clear / Not Clear
 Int. Law & Municipal Law

• Theories of Int. and Mun. laws

• Dualist theory
• Assumes that IL & ML are two separate
legal entities that exist independent of
each other, but the central question is
which one is superior.
 Int. Law & Municipal Law
Monist or Monism Theory

• Int. obligation and Municipal Rules are facts

of same phenomenon the two deriving
ultimately from one basic norms and belonging
to the unitary order comprised by the
conceptions of law

• Individual is at the root of all laws and are

made for individual only
 Int. Law & Municipal Law
Adoption Theory

• Int. law can be enforced in state law only it has

been specifically adopted by the state laws

• Unless specific adoption of Int. treaty it

cannot be enforced in Municipal Law

 Int. Law & Municipal Law
Harmonisation theory

• Neither monism nor dualism provides an answer

to true relationship between the two.

• The point is the legal order that man lives is not in

jurisdiction, but in both. Int. Law are consistent
bodies of the doctrine, autonomous but
harmonises in their basic human good.
 Int. Law & Municipal Law
Before constitution both are same

After 1950 it was depend on constitution

Art. 51 (c) Int. law Not binding on state (DP)

Art. 37…… it shall be the duty of the State to apply

these principles in making laws (DP Principles)

Art. 372 (1) Continuance in force of existing laws

and their adaptation until Repeal, amend, alter by
competent authority
 Int. Law & Municipal Law
Customary rules of Int. Law are part of Municipal
Law if they are not inconsistent with any
legislation

ADM Jabalpur VS Shukla AIR 1976 SC 1207

Justice H. R. Khanna

If there is conflict between the Int. treaty & Municipal

law later will prevail, if two construction possible
court should give harmony. It may helpful to avoid
conflict
 Int. Law & Municipal Law
Principle of Int. Law Parliament say – NO

National court cannot say- Yes

Gramophone Comp. of Indian Ltd VS Birendra

Bahadur Pandey AIR, 1984 SC 667

National court shall approve Int. law only when it

does not conflict with national law. Iin case of conflict
national law shall be prevail
 Int. Law & Municipal Law
Concern of Int. Law

Rights (of Individual through State)

Duties (State as per Treaty)

Interest of State (Contracting party of Treaty)

 Int. Law & Municipal Law
Draft Declaration on Rights and Duties of
States, 1949
Art. 13 “Every State has the duty to carry out in
good faith its obligations arising from treaties and
other sources of international law, and it may not
invoke provisions in its constitution or its laws as
an excuse for failure to perform this duty.”
 Int. Law & Municipal Law

The Vienna Convention on the law of

treaties 1969
Article 27 “A party may not invoke the
provisions of its internal law as justification
for its failure to perform a treaty”
 Int. Law & Municipal Law

 Bothe Supplementary and

complementary with each others
 If conflict arises Municipal Law will
prevail over Int. Law
 Both are will of the people and state