Theories of Inter-Relationship between

International Law and Municipal Law

Prof (Dr.) C. J. Rawandale and Dr.

Shashi Bhushan Ojha
Symbiosis Law School, Noida
 Theories of Inter-Relationship between
International Law and Municipal Law
• Even though each state is sovereign and equal to
other yet practically no state can be completely
sovereign.
• The interdependence of states on each other has
led to interlinking of international law and
municipal law in various fields like environment,
trade, investment, diplomacy etc.
• The interlinking between both kinds of laws must
be seen from theoretical and practical perspective.

Prof (Dr.) C. J. Rawandale and Dr. S B Ojha,

Symbiosis Law School, Noida
 Theories of Inter-Relationship between
International Law and Municipal Law
• There are three theoretical approaches to
understand the relationship between
international law and municipal law.
1) Monism
2) Dualism
3) Sir Gerald Gray Fitzmaurice approach
(modified version of Dualism)

Prof (Dr.) C. J. Rawandale and Dr. Shashi

Bhushan Ojha, Symbiosis Law School,
Noida
 Theories of Inter-Relationship between
International Law and Municipal Law
Monism
• Scholars who adopt this approach believe that law is a unified
branch of knowledge, no matter it applies to person or state.
• Both international and municipal law are facets of same
phenomena derived from one basic norm.
• Man is the root of all laws.
• Prof. Lauterpacht advocates for supremacy of international
law as he was suspicious about the complete sovereignty of
states.
• Criticism: Actual practice do not follow this theory.

Prof (Dr.) C. J. Rawandale and Dr. Shashi

Bhushan Ojha, Symbiosis Law School,
Noida
 Theories of Inter-Relationship between
International Law and Municipal Law
Dualism
• International Law and Municipal Law are two separate
laws.
• This theory is based on premise of complete sovereignty
of the states.
• International Law is based only on consent of the states.
• According to Triepel, municipal law is supreme.
• If municipal law allows implementation of international
law, it is merely sufferance.
• Criticism: It threatens the operation of international law.
Prof (Dr.) C. J. Rawandale and Dr. Shashi
Bhushan Ojha, Symbiosis Law School,
Noida
 Theories of Inter-Relationship between
International Law and Municipal Law
Gerald G Fitzmaurice Approach
• It is modified version of Dualism
• It is based on the premise that both laws work in
separate field. Therefore no one is superior or
inferior to the other.
• Each order is supreme in its own sphere.
• It is only the conflict of obligations that happen in
each other’s sphere.
• This approach aims at being practical.
Prof (Dr.) C. J. Rawandale and Dr. Shashi
Bhushan Ojha, Symbiosis Law School,
Noida
 Theories of Inter-Relationship between
International Law and Municipal Law
Theories for implementation of international law
rules in municipal law sphere
• Specific Adaptation Theory: Int. Law cannot be
directly enforced in the field of state law. It needs to
be specifically adopted. (e.g. Jolly Verghese vs Bank
of Cochin)
• Delegation Theory: Int. Law permits each state to
determine as to how it will be implemented in the
field of municipal law. Procedures may vary from
state to state.
Prof (Dr.) C. J. Rawandale and Dr. Shashi
Bhushan Ojha, Symbiosis Law School,
Noida