Definition of International Law;-
OPPENHEIM defines International Law as,
"Law of Nation or Interna tional Law is the name for the body of customary and conventional rules which are considered legally binding by civilized states in their relation with each other, within a community which by common consent of this community shall be enforced by external power"Municipal Law;-
The Black's Law Dictionary, defines the term Municipal Law' as"The ordinances and other laws applicable within a city, town or other local government entity".
Thus Municipal Law is the law made by the legislature or the Law making" authority of a state, applicable to that state alone.
Theories relating International Law and Municipal Law
Few theories that relate the two laws are:Monistic Theory;-
- 18th Century theory proposed by Moser and Martens
- This theory says only one set of legal system, the doctrine of legal order, shall exist
- Man is the root of all the laws
- International and Municipal are two branches of a single tree serving the needs of human community in one way or the other
- Both laws emanate from a unified knowledge of law. They are species of the same genus - law
- Both laws are applicable on human. Municipal law directly and international law indirectly through States
- Neither of them is a system nor are they separate from the system
- Supporters of this theory include: Wright, Kelsen, Duguit etc.
Dualistic Theory;-
- Also called Pluristic Theory
- Says both the laws are separate and different
- Individual is the subject of Municipal Law. State is the subject of International Law
- Municipal Law is the result of will of people of the state. International Law is the result of the common will of all the States.
