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International Vs Municipal Law Cleaned

The document outlines the relationship between international law and municipal (domestic) law, highlighting their distinct rules, principles, and scopes. It discusses the approaches of monism and dualism, which determine how international law is incorporated into domestic legal systems, and the conflict resolution mechanisms that prioritize either international or municipal law. Additionally, it provides examples of how international treaties influence domestic laws and the enforcement mechanisms for both legal systems.

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adiadityamishra7
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12 views24 pages

International Vs Municipal Law Cleaned

The document outlines the relationship between international law and municipal (domestic) law, highlighting their distinct rules, principles, and scopes. It discusses the approaches of monism and dualism, which determine how international law is incorporated into domestic legal systems, and the conflict resolution mechanisms that prioritize either international or municipal law. Additionally, it provides examples of how international treaties influence domestic laws and the enforcement mechanisms for both legal systems.

Uploaded by

adiadityamishra7
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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Relationship between International Law and Municipal Law

Aspect International Law Municipal (Domestic) Law Relationship

Rules and principles Rules and principles Definition depends on


Interaction

governing relations between governing individuals, entities, how a state

sovereign states and and organizations within a incorporates

international entities. specific country. international law into its

domestic legal system.

Treaties, customs, general Constitutions, statutes, Sources law may


Municipal

principles of law, judicial regulations, judicial decisions, derive obligations from

decisions, and writings of legal and customary practices. international treaties or

scholars. customary international

law.

Operates above or alongside Operates within a state's Authority


States decide how

states; sovereignty is central. territorial boundaries; international law

sovereignty of the state is interacts with their

supreme. domestic legal system.

Focuses on relations between Focuses on relations among Scope


International law may

states and international individuals, organizations, and influence domestic

entities. state agencies. laws, especially in

treaty implementation.

Applies to states and Applies to individuals and Application


The application of

international actors directly. entities within a state. international law within

a state depends on the

state's approach (e.g.,

monism or dualism).

States see international and Approach: Monism


municipal law as a single

system; international law is

directly applicable.

International law automatically


becomes part of domestic law

(no need for separate

legislation).

Example: Netherlands,
where international

treaties have direct

effect within the

domestic legal system.


Approach: Dualism
States treat international and

municipal law as separate

systems.
International law requires

specific legislation to be

implemented domestically.
Example: UK, where

treaties need

parliamentary approval

to affect domestic law.


Conflict Resolution
Generally resolved by the

principle of supremacy of

international law in global

forums.
Domestic courts prioritize

municipal law unless specific

provisions incorporate

international law.
Example: In dualist

systems, municipal law

prevails if no

implementing legislation

exists.
Examples of Interaction
Human rights treaties

influence domestic

constitutional frameworks.
Domestic laws criminalize or

regulate activities based on

international treaties.
Example:

Environmental treaties

influencing domestic

policies on climate

change.
Judicial Perspective
International tribunals enforce

international law.
Domestic courts enforce

municipal law, sometimes

interpreting international law.


Example: Courts in

India interpreting the

Constitution in light of

international treaties.
Enforcement Mechanism
Relies on state consent and

international bodies (e.g., UN,

ICJ).
Relies on the state's legal and

judicial mechanisms.
International law's

effectiveness depends

on voluntary

compliance or domestic

incorporation.

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