1. Understanding International Law and Municipal Law 2. An exploration of the differences between International Law and

1. By Rakesh Ranjan Dept. of Political Science, PU

2. OPPENHEIM defines International Law as, "Law of Nation or International Law is the name for the body of customary and conventional rules which are considered legally binding by civilized states in their relation with each other, within a community which by common consent of this community shall be enforced by external power". International Law has been defined by J.G. Starke as "that body of Law which is composed for its greater part of the principles and rules of conduct which states feel themselves bound to observe, and therefore, do commonly observe in their relations with each other."

3. According to the Black’s Law Dictionary : "The legal system governing the relationship between nations; more modernly International relations, nations but also such participants as International organizations and individuals". the Law of not embracing only Thus International Law is a body of rules and principles which regulate the conduct and relations of the members of international community.

4.  Municipal Law is the national domestic or internal law of a sovereign state defined in opposition to international law.  Municipal law includes many levels of law; not only national law but also state, provincial, territorial, regional or local law.  Municipal law is the law specific to a particular city or country and the government bodies within those cities or countries.  Thus Municipal Law is the acts made by the legislature or the Law making authority of a state, applicable to that state alone.

5.  International Law is largely but not altogether concerned with relation among states. Whereas Municipal Law controls relations between individuals within a state and between individuals and the state.

6.  International Law, on the other hand, regulates relations between the member States of the Family of Nations.  Municipal Law regulates relations between the individuals under the sway of the respective State and the relations between this State and the respective individuals.

7.  Law of Nations is a Law not above, but between Sovereign States.  Whereas Municipal Law is a Law of a Sovereign over individuals subjected to his way.

8.  Theories:  (1) Monism  (2) Dualism  (3) Specific Adoption Theory  (4) Transformation Theory  (5) Delegation Theory

9.  The exponents of this theory emphasise the scientific analysis of the internal structure of law.  Monists hold that International Law and State Law share a common origin-namely Law.  According to Monists, law is a unified branch of knowledge, no matter whether it applies on persons or other entities.

10.  According to Monism, International Law is directly applicable in the National legal order. There is no need for any Municipal implementing legislation; International Law is immediately applicable within National legal systems unlike Dualism, without any incorporation or transformation.  Monistic Theory was developed by German scholars namely Moser, Hegel, Bergbohm, Zorn, Wenzel in late 18th and early 19th centuries. Wright, Kelsen and Duguit are some of the prominent exponents of monism.

11.  Dualism theory was developed by a German scholar Triepel and an Italian scholar Anzilotti.  In the view of the dualistic writers, international law and state law are two separate law. The important principle of Dualism is that, International Law and Municipal Law are two separate and distinct orders, in their objects and spheres of operation, such that the norms of one would not operate within the realm of the other without a positive act of reception or transformation, as the case may be.

12.  The International Law and Municipal Law are two entirely different things and the International Law can never be applied in the state without incorporating or transforming it into Municipal Law.  The subject of the Municipal Law is primarily individuals and groups, and that of International Law is states. The main function of Municipal Law is regulating internal functioning of the state, relation between the state and the individual, and function of International Law is to supervise the relations between states.

13.  According to the exponents of this theory, international law cannot be directly enforced in the field of state law. In order to enforce it in the field of Municipal Law, it is necessary to make its specific adoption.  International Law can be applied in the field of Municipal Law only when Municipal Law either permits it or adopts it specifically. For example, International Covenant on Civil and Political Rights and International Covenant on Economic, Social and Cultural Rights have been adopted in India under the Protection of Human Rights Act, 1993 

14.  According to the exponents of this theory, for the application of international law in the field of municipal law, the rules of international law have to undergo transformation.  International Law undergoes transformation as it spreads universally. Unless transformed, it cannot be applied to Municipal Law. States incorporate treaties and norms into their Municipal laws by specific "transformational" devices.

15.  According to this theory, the constitutional rule of international law permit each State to determine as to how international treaties will become applicable in the field of state law.  International Law delegates the rule-making power to each State accordance with the procedure and system prevailing in each state in accordance with the Constitution and Rules of the Treaty or Convention that member states sign and agree upon.

16.  International Law is no longer law between nations, it also embraces individuals. International Law gradually headed towards a human commonwealth encompassing individuals, states, and other aggregates cutting across state boundaries.

17.    THANK YOU 