International Law -vs- Municipal Law 314h19

INTERNATIONAL LAW –VS- MUNICIPAL LAW

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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 istration 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.

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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

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