Discuss the relationship between Municipal law and International Law

The question of the relation between international law and the state law not only for theoretical importance but also of immense practical importance.-

Firstly,  the law treaties, which affect the state law cannot be clearly understood unless the relation between the two legal systems is clearly appreciated.

Secondly, it is very often the municipal court has to decide some problem/cases, where it has to go give effect to the international law. Thus the relationship between international law and state law is important.

Thirdly, international court and tribunals may have to determine the effect of a rule of municipal law in the international sphere. Here the relationship is again very important.

Relationship between International and Municipal law:

Theories-There are mainly two theories as to the relation between international law and state law. They are- (1) Monism,   (2) Dualism

(1)   Monism:- Monistic theory was pronounced in 18^th century by German scholars Moser and Martens.

              According to this theory; international law and state law are the components 

 of one system of law in general. This theory regards that law is single unit consisting of rules are binding on states or on individuals or on entities other then state. According to this theory, both state law and international ultimately regulate the conduct of individuals. The only difference is that; in the case of international law; as it is applicable to the international law; as it is applicable to the international sphere, consequences of such conduct are attributed to the state.

(2)   Dualism theory:- According the followers of this theory Municipal law and international law are two separate distinct and self. Contained legal orders; independent from each other. According to the following of this theory international law is distinct from municipal law, on the following grounds-

(a)    Sources: The sources of both the system are quite different. Municipal law is the creature of legislature; while the treaties between the states are the sources of international law.

(b)   Regarding subject: Dualists are of the view that the subjects of international law and Municipal law are different from each other. While municipal law regulates the relations between individuals; and state and individual but the international law primarily regulate the relationship between states.

(c)    Regarding substance of law: Substance of the laws of two system are also different. While municipal law is a law of a sovereign over individuals, International law is a law not above but between sovereign states.

(d)   Regarding principles: The municipal law are followed because they are creation of legislature and there is sanction behind it; but international law bound by morality.

(e)    Regarding Dynamism of the subject-Matter: Subject matter of the two system are also different. While the subject matter of international law has always remained dynamic; subject- matter of the municipal law is limited.

(f)    Regarding Judiciary: The state Judiciary following the municipal law but international law is followed by the International law is followed by the International court of Justice or by other settlement authority.