The Relationship between International Law

and Municipal Law

Public international law leaves each country to decide on the relationship between

international law and its municipal law. In this respect, there are two main theories,

dualist and monist, that have influenced the constitutional law of each country as to

the application of international law by municipal courts and other domestic bodies.

• Dualism: according to dualism, international law and municipal law are two

independent and separate systems. Neither legal system has the power to

create or alter the rules of the other. However, as they may regulate the same

subject matter a conflict may arise in which case a municipal court will apply

municipal law. Should this cause a breach of international law then this would

be a matter to be settled by means of diplomatic protest or of a judgment of

an international court.

• Monism. There are many varieties of monism but its main premise is that

international law and municipal law are part of the same legal order. As they

may regulate the same subject matter any conflict between the two would be

solved in favour of international law.

A third theory is that formulated by Sir Gerald Fitzmaurice. He argued that as the

systems of international and national law do not operate in common fields they can

never come into conflict, but what may occur is a conflict of obligations, in which

case the domestic law remains unaffected but a State will, on the international

scene, incur liability for a breach of an international obligation.