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Relationship Between International Law and Municipal Law

International law governs relations between sovereign states and deals with external affairs, while municipal law regulates domestic relations between individuals within a state and deals with internal affairs. There are two main theories on the relationship between the two: dualism views them as separate systems, with municipal law prevailing in conflicts; monism sees them as part of one legal system, with disagreements on whether international or municipal law is superior. Both laws differ in their sources and what relations they regulate.

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174 views1 page

Relationship Between International Law and Municipal Law

International law governs relations between sovereign states and deals with external affairs, while municipal law regulates domestic relations between individuals within a state and deals with internal affairs. There are two main theories on the relationship between the two: dualism views them as separate systems, with municipal law prevailing in conflicts; monism sees them as part of one legal system, with disagreements on whether international or municipal law is superior. Both laws differ in their sources and what relations they regulate.

Uploaded by

mudasar
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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Relationship Between International Law And

Municipal Law
To know the relationship between International law and Municipal law, it is important to know what these to
laws are.International law is the rules and conducts which deals with the conduct of states.To put into
simpler terms, the international law is a set of rules in which the countries use in dealing with each other.

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The Municipal law is the internal law of the land. There are different theories that distinguish the difference
of the two laws. The dualists or the pluralist theory states that international law and municipal law are
different with each other in terms of their source, the relations they regulate, and their substance.

Both of the laws differ in source because the international law came from treaties and customs grown among
states while the municipal law is a product of local or domestic custom. They differ in the relations they
regulate. How? The international law regulates the relationship of states with one another and is concerned
with the external and foreign affairs of the state while the municipal law regulates the relationship of
individuals under the state and is concerned with the domestic affairs of the state. They also differ in their
substance.

The international law is a law between sovereign states while municipal law is the law of the sovereign over
the individuals in the state. In this theory when a conflict arises as to whether what law should be used in
dealing with an issue, the municipal law prevails. The dualists are positivists that biases greatly on state
sovereignty. Next theory is the monistic theory or monism. In this theory, the international law and the
municipal or domestic law are under one system of law. But there are two monistic theories that states what
law should be used in settling disputes or the likes.

One monistic theory has a stand that international law is superior to municipal law which is supported by
Kelsen. It holds that international law is superior to municipal law because monistic theorists believe that
international law can instill domestic order. Kelsen also believes that the international law encompasses
every aspect of human life. Monistic theorists also see international law as a collective outcome of different
local sovereigns. The other monistic theory believes that municipal law is superior to the international law

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