Relationship between Municipal Law and International Law Vika I Chophy International Law Fri, Sep 01, 2023, at ,08:21 PM INTRODUCTION The issues on how international law is implemented in the states becomes extremely important. The decisions of the court vary from state to state. The constitutional provisions of states for the implementation of international law are also different. It may be possible for the municipal courts of a state to ignore International Law until the same has been incorporated into the Municipal Law.But it is not possible for the state to ignore its obligations under International Law before the International tribunals. The international tribunals give effect to international law even if the international law is in conflict with the Municipal laws of the parties to the case . Even the constitution of the parties will not be considered if the same is in conflict with their treaty obligations. THEORIES OF RELATIONSHIP There are broadly two different methods by which precepts of international law are applied in the domestic courts of a State. By the first method it is accepted that international law is a part of the law of the land and that the domestic court therefore, in an appropriate case, applied international law directly. According to the second method a domestic court can only apply and enforce its own municipal law and the international law rule is binding only on the state itself which must by legislation transform the precept into one domestic law. There are two principal theories on the relationship of international law and municipal law . MONISM THEORY DUALISM THEORY ~Monism theory recognizes one system only . According to Monism, International law and municipal law are concomitant aspects of one system , I.e , law in general. Monism regards all law as a single unity composed of binding legal rules irrespective of the fact whether those rules are obligatory on States ,on individuals or on entities other than States. The followers of this theory are of the view that international law and municipal law are both part of a universal body of legal rules binding all human beings , collectively or singly .According to KELSON , the unity of the science of law is a necessary deduction from human cognition and its unity . He was of the opinion that there was no real distinction between state law and international law as both systems bound individuals although international law did so only mediately and national law did so immediately. ~Dualism theory , according to this theory the international law municipal law represents two entirely distinct legal systems. International law has an intrinsically different character from that of municipal law. The chief protagonists of dualism theory are Positivist Writers , TRIEPEL and ANZILOTTI . TRIEPEL makes two fundamental differences between the international law and Municipal law . These differences are basically on subjects and judicial origin . According to TRIEPEL, the subjects of municipal law are individuals while the subjects of international law are states solely and exclusively.This view of TRIEPEL does not seem to be reasonable as it is beyond doubt that the subject of international law includes individuals,international organizations , non- state entities ets . ANZILOTTI approach was different from TRIEPEL . Anzilotti was of the opinion that there was a distinction between international and state law . In state law was conditioned by the fundamental principle or norm that the state norm that State legislation was to be obeyed, while international law was conditioned by the principle pacta sunt servanda which means agreement between states are to be respected.THEORIES CONCERNING THE APPLICATION OF INTERNATIONAL LAW WITHIN THE MUNICIPAL SPHERE 1.Specific Adoption or Specific Incorporation theory —- The positivists are of the opinion that customary international law cannot directly be applied within the municipal sphere by state courts .To be applied in municipal sphere , it is essential for international law to undergo a process of specific adoption or specific incorporation into municipal law . 2.Transformation theory—- As long as international law consisting of treaties is concerned, there must be a transformation of the treaty provisions into municipal law. The transformation of treaty provisions into municipal law is not merely a formal requirement but a substantive one .3.Delegation theory—- The critics of transformation theory put forward a theory of their own . According to delegation theory, there is delegated to each state constitution by constitutional rules of international law, the right to determine when the provisions of a treaty are to come into force and manner in which they are to be embodied in Municipal law.STATE PRACTICE ON IMPLEMENTATION OF INTERNATIONAL LAW .1.BRITISH PRACTICE :It is something of a compromise between two methods namely MONISM and DUALISM.<>Implementation of international Custom In Britain, initially the international customary law was considered to be part of the municipal law of Britain. The British courts used to apply international customs as such being part of the Municipal law . According to Encyclopaedia Britannica, there can be no doubt that the British courts regard customary international law as part of the law of the land for they take JUDICIAL NOTICE which is said to have assuming the court knows the law and does not require it to provide by calling expert evidence as in the cases involving foreign and external system of law. <>Implementation of International Treaties The British practice as to treaties is conditioned primarily by the constitutional principles governing the relations between the executive and parliament. It is the prerogative powers of the crown to negotiate and ratify a treaty. But this does not mean that all treaties entered into by crown on behalf of Britain become automatically applicable there .2.INDIAN PRACTICE : The Indian practice of implementing international law was similar to the British practice prior to 26 Jan 1950. Since then , the Indian practice on relationship of inter law and Indian law has been governed by the constitutional provisions. <>Implementation of International CustomsAs far as the implementation of international customs in India is concerned, it is necessary to look into Article 372(1) of the constitution of India. <>Making of International Treaties It is one of the attributes of state sovereignty to enter into treaties and agreements with foreign States .It is just not possible for a state to isolate itself from the rest of the world whether in the matter foreign relations , trade , economy or ecology . The advances made in the areas of information technology and communication have blurred the national boundaries. The world has become global village and the independent States have become more inter - dependent.CONCLUSION The debate of the relationship between international and municipal law is complicated. Every state has to oblige the international treaties and face the burnt of its breaches . However they also maintain their municipal laws separate from international treaties. Still,we can find the penetration of international law into municipal laws and therefore this debate is intensified.