RELATIONSHIP BETWEEN INTERNATIONAL

LAW
&
MUNICIPAL LAW
By
Rakesh Ranjan
Dept. of Political Science, PU
 What is International Law
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."
 What is International Law
According to the Black’s Law Dictionary :
"The legal system governing the relationship between
nations; more modernly the Law of International
relations, embracing not only nations but also such
participants as International organizations and
individuals".

Thus International Law is a body of rules and principles

which regulate the conduct and relations of the
members of international community.
 What is Municipal Law
 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.
Difference between International law and
Municipal law

 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.
Difference between International law and
Municipal law
 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.
Difference between International law and
Municipal law

 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.
 Relationship between International law
and Municipal law
 Theories:
 (1) Monism
 (2) Dualism
 (3) Specific Adoption Theory
 (4) Transformation Theory
 (5) Delegation Theory
 MONISM

 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.
 MONISM
 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.
 DUALISM
 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.
 DUALISM
 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.
 Specific Adoption Theory
 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
 Transformation Theory
 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.
 Delegation Theory
 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.
 Concluding Remarks
 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.


 THANK YOU

By
Rakesh Ranjan