What is the relationship between International and Municipal Law






Relationship between International Law and Municipal Law

International Law bring relation of the states where as Municipal Law are the bearers of right and duties of within a state to the individual. The relationship between the International Law and Municipal Law was matter of theoretical importance, whether both the law are the part of a universal legal order or they form two distinct of law. When there is exists between the rules of International Law and Municipal Law, the Court is faced with the difficulty of arriving a decision. The International Law give a right and obligation to the individual which the individual can directly enforced to the national Court. Generally the above has ascertain the relationship of two system of law, the two law contradict to each others. The jurists view on the relationship between the two law are divergent which have led to the emergence of different theories.

Theories relationship between International Law and Municipal Law
There are five theories which talk about the relationship between the International Law and Municipal Law.
They are:
1)      Dualistic Theory
2)      Monistic Theory
3)      Transformation Theory
4)      Delegation Theory and
5)      Harmony Theory

1.      Dualistic Theory:-Dualistic Theory says that the sources of International Law and Municipal Law are different from each other and they are two different and distinct system from each others. The treaties and custom of the states are the sources of International Law and legislation and customs are the sources of Municipal Law. The areas of both the law are different, the International Law states individual only whereas Municipal Law wholly or partially adopted by the Municipal Law of the state.

2.      Monistic Theory:-The Theory of Monistic was pronounced in the Eighteenth Century by two German scholars Moser and Martens. Later it was developed by jurist Kelsen, Kelsen is the main supporter of this theory, according to Monistic theory International Law and Municipal Law are the species of one Genus. Monistic theory says that International Law are the subject whereas Municipal Law are the subject of local law. It is clearly means that both the law are not independent.


3.      Transformation Theory:-Transformation Theory is also a part of the Dualistic Theory. According to this theory International Law has to be transformed into Municipal Law. International Law spread universally. The supporters of this theory says that without any transformation international law cannot be applied.

4.      Delegation Theory:-Delegation Theory is also a part of dualistic theory. These theory says that no need of transformation of a treaty into internal law. This theory incomplete and fail to explain the relationship between the international law and municipal law.


5.      Harmony Theory:-Harmony Theory is in between the two theory Monistic theory and Dualistic theory. According to this theory there is harmony between the two law. Municipal law is the means and international law is the goal. The main purpose of these theory is to achieve world peace co-operation amongst municipal law. International Law operates in decentralized system where as local law operates in centralized system so it is not proper to compare international law and local law.

                                    

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