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    International Trade Law

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    Shivani Choudhary
    This document is a 3-page assignment on theories of international and municipal law submitted by a student named Shivani Choudhary. It introduces the topic and provides an overview of the relationship between international law and municipal law. It notes that they can be independent but also interdependent systems. The main body discusses two conceptual theories - monism, proposed by Kelson, which views international and municipal law as part of one legal system; and dualism, which sees them as separate systems.

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    International Trade Law

    Uploaded by

    Shivani Choudhary
    45 views3 pages
    This document is a 3-page assignment on theories of international and municipal law submitted by a student named Shivani Choudhary. It introduces the topic and provides an overview of the relationship between international law and municipal law. It notes that they can be independent but also interdependent systems. The main body discusses two conceptual theories - monism, proposed by Kelson, which views international and municipal law as part of one legal system; and dualism, which sees them as separate systems.

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    International Trade law

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    This document is a 3-page assignment on theories of international and municipal law submitted by a student named Shivani Choudhary. It introduces the topic and provides an overview of the relationship between international law and municipal law. It notes that they can be independent but also interdependent systems. The main body discusses two conceptual theories - monism, proposed by Kelson, which views international and municipal law as part of one legal system; and dualism, which sees them as separate systems.

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    45 views3 pages

    International Trade Law

    Uploaded by

    Shivani Choudhary
    This document is a 3-page assignment on theories of international and municipal law submitted by a student named Shivani Choudhary. It introduces the topic and provides an overview of the relationship between international law and municipal law. It notes that they can be independent but also interdependent systems. The main body discusses two conceptual theories - monism, proposed by Kelson, which views international and municipal law as part of one legal system; and dualism, which sees them as separate systems.

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    of 3

    Himachal Pradesh National Law University, Shi8mla.

    ASSIGNMENT ON:
    THEORIES OF INTERNATIONAL AND MUNICIPAL
    LAW

    IN COMPLIANCE TO THE TOPIC ASSIGNED, FOR SEMESTER VII


    OF 2020, IN THE SUBJECT “PUBLIC INTERNATIONAL LAW ”

    SUBMITTED TO FACULTY:
    ASSISTANT PROF. CHANDRESHWARI MINHAS
    FOR EVALUATION

    SUBMITTED BY:
    SHIVANI CHOUDHARY
    VII SEMESTER
    B.A., LL.B. (Hons.)
    ROLL NO- 1020171806

    1
    THEORIES OF INTERNATIONAL AND MUNICIPAL
    LAW

    INTRODUCTION

    The relationship of international law with municipal law depicts a dismal picture of a
    clash between moral and legal obligations. 1 It chronicles the tale of a thesis-antithesis
    that ultimately leads to the synthesis.2 They often represent two distinct legal systems.
    Their domain, their operations are totally independent and separate, but at times
    interdependent and overlapping as well.

    Towards the understanding of Public international law, one of the most essential thing
    is to have a clear understanding its relation to State law. A thorough acquaintance with
    this topic is of utmost practical importance. 3 When National laws r States laws, are
    referred in context of International, usually the term Municipal Laws is used.

    INTERNATIONAL LAW AND MUNICIPAL LAW: NATURE

    To study the relationship between international law and municipal law, first we must
    know what the former and latter are. International law is a law that defines relationship
    between the States and they are legally bound to obey it. Deciding the rights in
    International law, non-State players, independent organizations play an important role.
    Municipal usually follow the doctrine of Austin, i.e. it is backed by sanctions in case of
    disobedience from the sovereign authority. Contrary to Municipal Law, there is no
    such sovereign in International Law.

    International law is in existence in its horizontal form, in which each State is


    sovereign, supreme and has equal rights as a State before the international community. 4
    On the other hand, municipal law is hierarchical and vertical so much so that the

    1
    SHILPA JAIN, INTRODUCTION TO PUBLIC INTERNATIONAL LAW,
    2
    See, Gillian D Triggs, International Law: Contemporary Sytems and Practices (LexisNExis Butterworths, Australia
    2006).
    3
    See, J.G. Starke, Introduction to International Law, (10th Edn., Butterworth 1989).
    4
    Supra note at 27.

    2
    legislature is in a position that it may, through its supremacy, enact binding
    legislation.5

    The relationship of international and national law is all about the multiple ways in
    which both the two laws can be incorporated within their own legal systems.
    Furthermore, the international law is enacted, adjudicated and implemented, so as to
    be in consonance with the local law of the land by their respective states. The aim or
    the motive behind the internal law stands on the premise of mutual respect, well-
    coordinated diplomacy and actual implementation of necessary laws, legislations,
    important precedents and other rules among different nations at the global level.

    CONCEPTUAL THEORIES

    Broadly, there are two major theories that throw light on the relationship between
    international and municipal law. Monism and dualism, they are called. The said
    doctrines hold diametrically opposite stance.
    MONISM
    Kelson, an Austarian jurist, is considered to have propounded the monist school of
    thought.6 They are of the view that international and municipal laws are concomitant to
    one legal system. Their prime argument is that municipal and international law not
    only resemble each other but, also have protruded out of a single grund norm or
    standard which is
    FATIMA MUJAWAR, CRISP INTRODUCTION TO INTERNATIONAL LAW,
    EBC EXPLORER, I ed 2016.

    5
    Id.
    6
    Kelson, the Proncples of International Law, (1952) 446-47.

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