Relation between international law

&municipal law
• It is necessary to know the distinction
between International Law and Municipal law.
As discussed earlier, International Law or law
Nations is body of rules and principles, which
regulate the conduct and relations of the
members of the international community and
it aims to achieve International peace security
and friendly relations among the members of
the international community.
 Cont.,
• in simple term International Law regulates the relations of the
members of international community.
• Municipal and State Law or National on the other hand is the
law of the state or country.
• It means the international law of sovereign state. International
Law and Municipal Law are two separate legal orders, existing
independently of one another.
• The former is concerned with the international relations the so
called domestic affairs of the state, while latter is concerned
with the external relations of the state it's Foreign Affairs.
• An internal law cannot become international law. But
International Law in certain circumstance may become
internal law if the Sovereign state incorporates it in its
Municipal Law.
 Monism or Monastic theory
• Wright, kelsen Duguit are exponents/ supporters of
this theory.
• According to them international law and State Law or
intimately connected with each other and are the
two human communities in some or other ways .
• In this words International Law and Municipal law
are essential one, is as much as the former regulates
the conduct of states, while the latter of individuals.
• According to this theory man is the root of all law are
made for men
 Criticism
• This theory is subject to criticism on the
ground that it is very difficult to disprove the
view that man Lies at the root of all laws.
• In practice states do not follow this theory.
• This theory has gained prominence after the
First World War and is advocated by modern
writers.
 Dualism or dualistic theory
• the chief exponents of this theory a trieple and
Anzilloti. kelsen calls this theory as pluralistic theory.
• according to dualistic theory writers international
law and State Law or two separate loss Municipal
originated in customs and laws within the state,
while International Law originated customs and
treaties between states.
• Professor L.oppenheim also ascribed to the view
that the law of nation and Municipal of the several
States are essentially different from each other.
 Cont.,
• In triepel pointed out the following different
between Municipal and international law with
reference the following
• Municipal law, individual is the subject, where
as in international law state is a subject of
international law.
• Municipal law, the origin of state is the will of the
state. Whereas the international law the origin
of international law is common will of the states.
 Criticism
• This theory is subject to criticism on the ground that it is not
correct to say that international law is binding on states only.
• In the modern period it is applicable to states, individuals
and certain non state entities also.
• further the concept of state - will is nothing but the will of
the people.
• There are some laws even against the will of the people.
• according to Anzilloti the fundamental principles of State
Law are enacted by the appropriate legislative authorities.
• whereas the fundamental principle of international law is
pacta sunt servanda , (good faith )the agreements b/w the
state law are different however it fails to cover / explain the
customary rules/ principles of IL.
 Specific adoption theory

• according to this theory International Law cannot be directly

enforced in the field of State Law unless Municipal law permits
it or adopts it specifically.
• In other term International Law to be enforced in the field of
municipal, it is necessary to make its specific adoption that is
municipal law must permit it or adopt it specifically by the way
of passing appropriate legislation.
• (for example Vienna convention on diplomatic relations 1961,
Vienna Convention of diplomatic relation act in 1972 passed by
Indian Parliament, Stockholm declaration 1972, the water
prevention and control of pollution act 1974 and other
environmental legislations)
 Critics
• This theory is subject to criticism on the
ground that the principles of international law
are applied municipal law without any specific
adoption. Every state need not pass legislation
to apply the principle of international law.
 Transformation theory

• According to this theory the rule of international law to

be applied in the field of municipal law shall undergo
change or transformation .
• it is the transformation of treaty into National
legislation, which alone validates the extension to
individual of the rule, set out the international
agreements.
• Criticism: this theory is criticism on the ground that it is
not necessary for all Treaties to undergo change
/transformation for their application in field of
Municipal Law.
 delegation theory
• This theory hold that there is the delegation of the right to every
state to decide for itself, when the provisions of a Treaty or
convention are to come into force and in the what manner they
are to be embodied in State Law.
• There is no need to transformation of a Treaty into National Law.
according to this theory the rule of international law are applied
in the field of Municipal Law in accordance with the procedure
and system enshrined in the constitution of that state.
• criticism: this theory is incomplete and not satisfactory. it
assumes the primacy of international legal order, but fail to
explain the international relations existing between Municipal
and international law.