STATUS OF INTERNATIONAL LAW UNDER THE CONSTITUTION OF BANGLADESH

The relationship between international law and municipal law is one of the important issues of
the international law. These two legal orders differ from each other due to their common and
conflicting features. But relationship between them becomes critically important when
international law is applied by a national legal system.
In order to avoid clashes between two legal systems, many states have constitutional provisions
or practices that in some form or other make international law a part of their municipal laws. In
this regard, there are three apparent trends developed by the constitutions: firstly, some
constitutions contain provisions that are often found in the preambles and fundamental
principles of state policy. Secondly, some constitutions expressly incorporate general
international law into municipal law and leave to the legislators or the courts the duty of
harmonizing conflicts between international and municipal laws; and thirdly, some constitutions
not only incorporate international law into national law but also give it priority over domestic
rules in case of conflicts.