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International Law and Municipal Law

Municipal courts can apply international law according to different theories: 1. Monistic theory says international law supersedes municipal law. 2. Dualistic theory says international and municipal law are separate, and international law must be transformed into municipal law to apply. 3. Transformation, delegation, and specific adoption theories also require international law to be adopted as municipal law before it can be applied in courts. When international law conflicts with municipal law, most countries like the US, UK, Pakistan, and France apply municipal law as the supreme law of the land. International law's application in municipal spheres depends on countries' constitutions and adoption of international rules into their legal systems.

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310 views3 pages

International Law and Municipal Law

Municipal courts can apply international law according to different theories: 1. Monistic theory says international law supersedes municipal law. 2. Dualistic theory says international and municipal law are separate, and international law must be transformed into municipal law to apply. 3. Transformation, delegation, and specific adoption theories also require international law to be adopted as municipal law before it can be applied in courts. When international law conflicts with municipal law, most countries like the US, UK, Pakistan, and France apply municipal law as the supreme law of the land. International law's application in municipal spheres depends on countries' constitutions and adoption of international rules into their legal systems.

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ushbajii
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Q # 2: To what extent can municipal court apply International law

with reference to different theories in municipal law?


1. Introduction
 International law is a body of rules which deals with disputes and matters between nations
and municipal law are such law which deals with disputes and matters of individuals on
domestic level or individual’s matter with the state. Municipal law is also known as national
law. In narrower sense, municipal law it means those laws which deal cities, towns and their
local government. There is a huge difference between both of two.

2. Definition of International law


 International law is a body of rules which have been accepted and recognized by the civilized
nations in order to conduct their mutual official affairs with each other.

3. Definition of Municipal law


 Municipal law is a body of rules which is an internal land of the state and it deals with the
internal disputes and matters of individuals on domestic level.

4. Theories of relationship between Internal law and


Municipal law
Following are theories about relationship between International law and Municipal law.

1. Monistic theory
 According to the supporters of this theory, international law supersedes the municipal
law, and there is no need to implement municipal law where international law is
implemented, no one can interrupt the applicability of the international law.

2. Dualistic theory
 According to the supporters of this theory, international law and municipal law are totally
different laws in their nature. International law cannot be applied in any state without
transforming them into municipal laws. According to this theory, international law at any
cost can supersede the municipal law and municipal law is always supreme law of state.

3. Transformation theory
 According to the supporters of this theory, none of international law can be applied on
municipal law until it has been transformed into national law or municipal law.

4. Delegation theory
 According to the supporters of this theory, international law delegates the powers to the
states for enactment of laws in accordance with their constitutions, and such kind of
legislation will be implemented on municipal law and can come into force.
5. Specific adoption theory
 According to the supporters of this theory, international law cannot be applied on
municipal states until and unless it has been adopted by the municipal law by way of
enactment. And it cannot give effect until its adoption is pending

5. Application of international law in municipal sphere


The application of international law within municipal law is very complex because it depends
on the nature of municipal laws of the state. But following are practices of different countries
regarding application of International law in their municipal laws.

1) Application in United States


 According to the United States constitution, treaties shall be the supreme law of the
states, treaties are signed by the president but are approved by the 2/3 majority of the
senate. and treaty becomes the part of municipal law and municipal law supersedes on
the international law in case of any conflict between these two

2) Application In United Kingdom


 According to the United Kingdom constitution, treaties are purely executive act instead
of legislative act, and treaty becomes the part of municipal law and municipal law
supersedes on the international law in case of any conflict between these two.

3) Application in Pakistan
 According to the Pakistan constitution, Pakistani courts are empowered to interpret the
international law in municipal sphere for application of international law. If there is no
conflict between international law and municipal law, the municipal law will give effect
to the international law if conflict is exist, in this case municipal law will be applied as law
of the land.

4) Application in Pakistan
 According to the Soviet Union constitution, Soviet Union courts are empowered to
interpret the international law in municipal sphere for application of international law. If
there is no conflict between international law and municipal law, the municipal law will
give effect to the international law if conflict is exist, in this case municipal law will be
applied as law of the land.

5) Application in France
 According to the France constitution, this constitution says that the International law is
also a part of municipal law and in order to apply any international law , the municipal
law will be applied in this regard.
6. Difference between international law and municipal law
Following are the differences between International law and municipal law.

1. As to Law
 International law is the law of nations which deals with the disputes of nations
 Municipal law is the law of the individuals which deals with individuals disputes

2. As to conflict of laws
 International law is not subject to conflict of laws.
 Municipal law is subject of conflict of laws.

3. As to application
 International law applies on all the legally recognized states.
 Municipal law applies on the one particular state.

4. As to enforcement
 International law is not enforced by physical force of the state
 Municipal law is enforced by physical force of the state.

5. As to source
 International law is derived from various states.
 Municipal law is derived from one particular state.

6. As to strength
 International is considered as a weak law
 Municipal law is considered as a powerful law

7. Conclusion
 To conclude I can say that the international law and the municipal law are very different in
nature but at the time of application of international law as municipal law of the state if
there is found any conflict between these two, in this case the municipal law of the land will
be implemented as the law of the land and municipal law supersedes in this regard and it has
multiple theories regarding application of this rule.

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