Himachal Pradesh National Law University, Shi8mla.

ASSIGNMENT ON:
THEORIES OF INTERNATIONAL AND MUNICIPAL
LAW

IN COMPLIANCE TO THE TOPIC ASSIGNED, FOR SEMESTER VII

OF 2020, IN THE SUBJECT “PUBLIC INTERNATIONAL LAW ”

SUBMITTED TO FACULTY:
ASSISTANT PROF. CHANDRESHWARI MINHAS
FOR EVALUATION

SUBMITTED BY:
SHIVANI CHOUDHARY
VII SEMESTER
B.A., LL.B. (Hons.)
ROLL NO- 1020171806

1
 THEORIES OF INTERNATIONAL AND MUNICIPAL
LAW

INTRODUCTION

The relationship of international law with municipal law depicts a dismal picture of a
clash between moral and legal obligations. 1 It chronicles the tale of a thesis-antithesis
that ultimately leads to the synthesis.2 They often represent two distinct legal systems.
Their domain, their operations are totally independent and separate, but at times
interdependent and overlapping as well.

Towards the understanding of Public international law, one of the most essential thing
is to have a clear understanding its relation to State law. A thorough acquaintance with
this topic is of utmost practical importance. 3 When National laws r States laws, are
referred in context of International, usually the term Municipal Laws is used.

INTERNATIONAL LAW AND MUNICIPAL LAW: NATURE

To study the relationship between international law and municipal law, first we must
know what the former and latter are. International law is a law that defines relationship
between the States and they are legally bound to obey it. Deciding the rights in
International law, non-State players, independent organizations play an important role.
Municipal usually follow the doctrine of Austin, i.e. it is backed by sanctions in case of
disobedience from the sovereign authority. Contrary to Municipal Law, there is no
such sovereign in International Law.

International law is in existence in its horizontal form, in which each State is

sovereign, supreme and has equal rights as a State before the international community. 4
On the other hand, municipal law is hierarchical and vertical so much so that the

1
SHILPA JAIN, INTRODUCTION TO PUBLIC INTERNATIONAL LAW,
2
See, Gillian D Triggs, International Law: Contemporary Sytems and Practices (LexisNExis Butterworths, Australia
2006).
3
See, J.G. Starke, Introduction to International Law, (10th Edn., Butterworth 1989).
4
Supra note at 27.

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legislature is in a position that it may, through its supremacy, enact binding
legislation.5

The relationship of international and national law is all about the multiple ways in
which both the two laws can be incorporated within their own legal systems.
Furthermore, the international law is enacted, adjudicated and implemented, so as to
be in consonance with the local law of the land by their respective states. The aim or
the motive behind the internal law stands on the premise of mutual respect, well-
coordinated diplomacy and actual implementation of necessary laws, legislations,
important precedents and other rules among different nations at the global level.

CONCEPTUAL THEORIES

Broadly, there are two major theories that throw light on the relationship between
international and municipal law. Monism and dualism, they are called. The said
doctrines hold diametrically opposite stance.
MONISM
Kelson, an Austarian jurist, is considered to have propounded the monist school of
thought.6 They are of the view that international and municipal laws are concomitant to
one legal system. Their prime argument is that municipal and international law not
only resemble each other but, also have protruded out of a single grund norm or
standard which is
FATIMA MUJAWAR, CRISP INTRODUCTION TO INTERNATIONAL LAW,
EBC EXPLORER, I ed 2016.

5
Id.
6
Kelson, the Proncples of International Law, (1952) 446-47.