In matters of world-wide concern, it is international law that

determines the responsibilities and obligations of each State,

organisation or individual. In the past 50 years, the world has
become even more interconnected with the huge leaps in
communication and technology, and a growing dependency on
other countries for resources and services. International law is both
necessary and important for international cooperation at every
level.
International law is the set of rules generally regarded and
accepted as binding in relations between states and nations. It
differs from national legal systems in that it only concerns nations
rather than private citizens. National law may become international
law when treaties delegate national jurisdiction to supranational
tribunals such as the European Court of Human Rights or the
International Criminal Court. Treaties such as the Geneva
Conventions may require national law to conform.
The term "international law" can refer to three distinct legal
disciplines:
Public international law, which governs the relationship
between provinces and international entities. It includes these
legal fields: treaty law, law of sea, international criminal law
and the laws of war or international humanitarian law.
Private international law, or conflict of laws, is a body of law
developed to resolve private, non-state disputes involving
more than one jurisdiction or one foreign law element. which
addresses the questions of (1) which jurisdiction may hear a
case, and (2) the law concerning which jurisdiction applies to
the issues in the case.
Supranational law or the law of supranational organizations,
which concerns regional agreements where the laws of nation
states may be held inapplicable when conflicting with a

supranational legal system when that nation has a treaty

obligation to a supranational collective.
The two traditional branches of the field are:
jus gentium : is the body of treaties, U.N. conventions, and
other international agreements [law of nations] Law is
common to all nations
jus inter gentes: agreements between nations

Sources of International Law

It is generally accepted that Article 38 of the Statute of the
International Court of Justice is a complete statement of the
sources of international law. Article 38 describes the following four
sources:

1. INTERNATIONAL CONVENTIONS AND TREATIES

The Vienna Convention on the Law of Treaties (1969) describes
treaties as international, written agreements made between States
that are governed by international law. The term, treaty, includes
arrangements, protocols, covenants, conventions and agreements.
Every treaty acts in the same manner as a contract between all the
parties signing the treaty. Being a written contract, States that are
party to a treaty can identify what has been agreed and what
obligations are owed by each party and to whom.
Treaties between two States are referred to as bilateral or bipartite
treaties while treaties between more than two States are referred to
as multilateral or multipartite treaties the treaties which have
attracted the largest numbers of parties are called universal.

Only States and international organisations may become parties to

international treaties. As a corollary to this, treaties apply in the
first place to States and to State policy. A State may be able to
modify its obligations under a treaty by making a reservation at the
time it signs, ratifies, accepts, approves or accedes to a treaty.
The Vienna Convention which consists of 85 articles, eight parts
and an annex includes and materializes five fundamental legal
principles

Free consent and good faith (bona fide in Latin) are the leading
principles which ought to be always followed by States in the
course of their relations with one another
The other major principles which also emanate from the Roman
Law tradition apply in particular
- pacta sunt servanda
[Latin, Promises must be kept.] An expression signifying that the
agreements and stipulations of the parties to a contract must be
observed.
- omnia conventio intelligitur rebus sic stantibus (Latin "things
thus standing") is the legal doctrine allowing for treaties to become
inapplicable because of a fundamental change of circumstances.
- favor contractus (it is better to seek the maintenance rather than
the termination of a treaty)

Jus cogens
International law also contains certain rules referred to as jus
cogens or peremptory norms. These norms reflect law that is so
fundamental that no State can ignore it or attempt to contract out of
it by a subsequent treaty. Jus cogens has been called the public
policy of international law. The Vienna Convention on the Law of
Treaties defines peremptory norms as those norms accepted and
recognised by the international community of States as a whole
and from which no derogation is permitted and can only be
modified by a subsequent norm of international law having the
same character. The norms generally accepted as being jus
cogens are genocide, piracy, slavery, and torture. In principle, all
States are prohibited from these actions; in practice, this is the
world that is aspired to. Jus cogens in Latin this means
compelling law and refers to so called peremptory norms of
general international law.
3. GENERAL PRINCIPLES OF LAW
The International Court of Justice ( ICJ) is directed to consider
the general principles of law recognised by civilised nations in its
decision making: the ICJ use methods and doctrines of domestic
legal decision making to the extent that they are useful in
addressing the questions before the Court, to develop an
international judicial method. The preferable view seems to be that
international tribunals use domestic law selectively where
situations are comparable to make the administration of
international law work.
4. JUDICIAL DECISIONS AND WRITINGS OF
PUBLICISTS

The Statute of the International Court of Justice says that the Court
shall apply judicial decisions and the teachings of the most highly
qualified publicists as subsidiary means for the determination of
rules of law: The International Court of Justice (ICJ) is the main
court of the UN and its decisions identify and articulate
international law rules based on treaty, custom, general principles
of law, judicial decisions of international and national courts and
tribunals, and the writings of jurists.

MUNICIPAL LAW
Municipal law is the national, domestic, or internal law of a
sovereign state defined in opposition to international law.
Municipal law includes not only law at the national level, but law
at the state, provincial, territorial, regional or local levels. While, as
far as the law of the state is concerned, these may be distinct
categories of law, international law is largely uninterested in this
distinction and treats them all as one. Similarly, international law
makes no distinction between the ordinary law of the state and its
constitutional law.
Article 27 of the Vienna Convention on the Law of Treaties
provides that, where a treaty conflicts with a state's municipal law
(including the state's constitution), the state is still obliged to meet
its obligations under the treaty. The only exception to this rule is
provided by Article 46 of the Vienna Convention, where a state's
expression of consent to be bound by a treaty was a manifest
violation of a "rule of its internal law of fundamental
importance.

RELATIONSHIP BETWEEN INTERNATIONAL

AND MUNICIPAL LAW
It is important to understand how international law principles
become part of domestic law, and to explain what happens if the
rules conflict. The theories of monism and dualism are the two
main theories that explain the relationship between international
and municipal law.
Monism
In this theory, all law is part of a universal legal order and regulates
the conduct of the individual State. The difference in the
international sphere is that the consequences are generally
attributed to the State. Since all law is part of the same legal order,
international law is automatically incorporated into the domestic
legal order. Some monist theorists consider that international law
prevails over domestic law if they are in conflict; others, that
conflicting domestic law has some operation within the domestic
legal system.
Dualism
This theory holds that international law and domestic law are
separate bodies of law, operating independently of each other.
Under dualism, rules and principles of international law cannot
operate directly in domestic law, and must be transformed or
incorporated into domestic law before they can affect individual
rights and obligations.
The main differences between international and domestic law are
thought to be the sources of law, its subjects, and subject matter.
International law derives from the collective will of States, its
subjects are the States themselves, and its subject matter is the
relations between States. Domestic law derives from the will of the
sovereign or the State, its subjects are the individuals within the

State, and its subject matter is the relations of individuals with each
other and with government.
Harmonisation
Neither monism nor dualism can adequately explain the
relationship between international and domestic law, and
alternative theories have developed which regard international law
as having a harmonisation role. If there is a conflict, domestic law
is applied within the domestic legal system, leaving the State
responsible at the international level for any breach of its
international law obligations

DIFFERENCE BETWEEN INTERNATIONAL

LAW AND DOMESTIC LAW
International law is concerned with the rights and duties of States
in their relations with each other and with international
organisations. Domestic (municipal or national) law, the law within
a State, is concerned with the rights and duties of legal persons
within the State. International law differs from domestic law in two
central respects:
1. The law-making process
There is no supreme law-making body in international law.
Treaties are negotiated between States on an ad hoc basis and only
bind States which are parties to a treaty. The General Assembly of
the United Nations is not a law-making body, and so its resolutions
are not legally binding. However, UN Security Council resolutions
to take action with respect to threats to peace, breaches of the
peace, and acts of aggression, are binding on the 192 member
States. In Australia, domestic law is parliaments of the

Commonwealth, states and territories, and by common law

principles developed by the courts. Parliaments are the supreme
law making bodies with power to make the laws, while courts are
empowered to interpret the law and apply it to individual cases.
2. Enforcement
International law has no international police force to oversee
obedience to the international legal standards to which States agree
or that develop as international standards of behaviour. Similarly,
there is no compulsory enforcement mechanism for the settlement
of disputes. However, there are an increasing number of
specialised courts, tribunals and treaty monitoring bodies as well as
an International Court of Justice. National laws and courts are
often an important means through which international law is
implemented in practice. In some instances, the Security Council
can authorise the use of coercive economic sanctions or even
armed force. For example, in 1990 91 when Iraq invaded and
occupied Kuwait the international community used armed force to
enforce international law (resolutions of the Security Council).
Subsequent controversy about the use of armed force against Iraq
highlights how difficult it can be to obtain the necessary
authorisation from the Security Council under the United Nations
Charter. In international law, that is the only legitimate way that
collective armed force can be used.

There are key substantive differences between

international law and municipal law
INTERNATIONALLAW

MUNICIPAL LAW

International law is horizontal - Municipal law is hierarchical or

all states are sovereign and equal

vertical - the legislature is in a

position of supremacy and enacts
binding legislation

Adopted by states as a common Issued by a particular political

rule of actions among themselves superior for the observance of of
those under the authority within a
state
Derived from customs and Enactment from the law-making
traditions,
international body authority
dimensions, general principles
including treaties
Governs the relationship between Governs the relationship between
the individuals and the state
and among states
If there is a violation of a
Produces collective liability in municipal law, the aggrieved
case of violations and sanctions party will avail administrative and
judicial processes within the state.
are for the state itself
Entails individual liability

What are similarities between Domestic Law and

International Law?
Domestic law is the statutes and (to a lesser degree)
regulations of a particular country which explain how to
interpret the statutes of that country or its subdivisions.
International law is what is called a "treaty," and usually does
not directly create a crime or create or prohibit anything by
individuals. Instead a treaty or "international law" sets an
obligation of a country that is a signatory to the treaty to
make a domestic law which does something related to that
treaty. This can make certain actions illegal, prohibit or

require something to be done, or set standards for certain

practices.
Typically, violation of international law carries no penalties;
it is only the domestic law of the jurisdiction where the
person is from (if they are outside of a country) or the
jurisdiction where the act was committed that determines
whether a crime was or was not committed.

Conclusion
The practise of states regarding the relationship of international
law and municipal law is divergent. Application of international
law depends largely upon the legislature as well as the judiciary of
the state.
They are expected to take cognizance and endeavour to honour the
international obligations of the state. It has to be realised by them
that neither municipal law nor international law is supreme, but
they are concordant to each other. They both have been made to
solve problems of human beings in different areas and hence in my
opinion should be given equal standing in all proceedings of
justice.