INTERNATIONAL LAW VS- MUNICIPAL LAW

INTERNATIONAL LAW
-VSMUNICIPAL LAW
INTERNATIONAL
LAW
1.

International Law is the law of

nations, regulating the relations
between the member States of the
family of nations.
2. International Law is concerned
mainly with foreign affairs or interstate affairs.
3. International Law is a nature of
consent and consensus.
4. International Law is a decentralised
system acting vertically.
5. International Law applies on
individual mediate.
6. International Law is the common will
of the States.
7. International is considered as a
weak law in comparison to Municipal
Law only from the positivist point of
view.
8. In International Law treaties,
conventions, customs, general
principles of law are the primary
sources of it.
9. In International Law the
International Court of Justice acts as
judiciary, but the decision of the
Court is binding upon the parties to
the litigation who have submitted
themselves to the jurisdiction of the
International Court of Justice.
10. Court administration in International
Law gives effect to a law which is
laid down not by any State but
PREPARED BY: DEBDEEP SINHA

MUNICIPAL LAW
Municipal Law is the law of State
regulating the conduct of individuals
and deal with the relation between
individual and the State.
Municipal Law is infra-state affairs
concerned with domestic affairs.
Municipal Law is of command and
sanction.
Municipal Law is a centralised acting
horizontally.
Municipal Law applies on individuals
immediate.
Municipal is the will of the Sate
empowered by sovereign authority.
Municipal Law is the stronger law from
the positivist point of law.
In Municipal Law the source of it is
legislation.
In Municipal Law judiciary is all
pervasive.

In Municipal Law Court is bound by the

law laid down by the sovereign States
for its enforcement.

INTERNATIONAL LAW VS- MUNICIPAL LAW

originates from State law making
treaties, declaratory treaties,
customs usages and decisions of the
International Court of Justice.
11. International Law has to be adopted
and incorporated in the legal system
of a State; they cannot be directly
applied in the field of Municipal Law.
12.
13.
14.

15.

There is no such requirement in the

case of Municipal Law. Laws made in
the field of Municipal Law get directly
incorporated in the legal system of a
State.
In case of conflict between International Law and Municipal Law the latter will
get primacy or overriding effect upon the former (Jolly George Verghese & Anr
vs. The Bank Of Cochin 1980 AIR 470).
Custom is the source of
Custom may become the source of
International Law among the States. Municipal Law also grown up within the
Sate and receive the attestation.
Rules of International Law are applicable to the field of Municipal Law in whose
system and procedure prevailing in the State under this law there is no
question of ratification of International Law at the State Legislature which are
arising out of law making treaties.
In case of enforcement measures of Security Council under Chapter VII of the
U.N. Charter, 1945, the International Law plays supreme role in that situation,
whereas the State Law and the strict concept of sovereign takes a backseat.

PREPARED BY: DEBDEEP SINHA