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Similarities between international law and municipal law
International law compared to national law
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International Law consists of laws that are recognized by countries and nations which bind them through legal obligation wherein countries are obligated to do or not to do laws under customs, treaties, and generally accepted principles. Municipal Law, as defined by Akehurst, is the name used in the international aspect to refer to the internal and domestic law of states (as cited in Malanczuk, 1997, p. 63). As to whether which between international law and municipal law exists there lies two main theories which distinguishes the relationship between these two laws which are the dualist (pluralist) and monist theories. Another source of analysis to determine which prevails between these laws are the nature of the constitution of sovereign states regarding how international law affect their municipal laws, likewise, vice versa.
According to Akehurst, under the dualist theory or pluralist
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Circumstances are the ones to provide not on whether either prevails but on how on accounts the two laws are equally balanced, compromising each other for the benefit of sovereign states and individuals. Since the world is in a sense under a state of anarchy wherein no big umbrella weaves all states to be legally binding within each other on the international level even when they form part of treaties or other form of organizations, there will be no claim on to whether international or municipal law may prevail. In principle, international laws will always be binding upon states if no municipal law contradicts it according to Borchard (1940). The same is true that municipal law will nevertheless be binding upon its individuals unless international laws proclaim these municipal laws to be in contrast to international laws. But even then, statesvwill still have the final say on to how its municipal laws are applied as a compromise to their international
The greatest legal document ever to be written is the United States Constitution. The constitution is ultimately a series of power compromises and is the foundation of common law. Merriam-Webster defines common law as " the area of law that has to do with the subject matter and with the interpretation and construction of constitutions or that deals with the nature and organization of government" (Constitutional Law). Cases involving constitutional law are heard by the United States Supreme Court where judgment is based on the U.S. Constitution. Of the various different articles seated in the constitution, three of them describe a system of checks and balances dividing the national government into three branches. This is also called separation of powers (Beatty, Samuelson, Bredeson 57).
According to Article 38 of the 1946 Statute of the International Court of Justice, the Court shall apply “international custom, as evidence of a general practice accepted as law” in its decisions (Kritsiotis 123). In other words, the International Court of Justice cites customs as a formal source of law. According to Roberto Unger, author of Law in a Modern Society, customary international law is best defined as “any recurring mode of interaction among individuals and groups, together with the more or less explicit acknowledgement of these groups and individuals that such patterns of interaction produce reciprocal expectations of conduct that out to be satisfied (Shaw 72-73). In other words, customary international laws are primarily concerned with how and why sates behave in a particular manner. Customs derive from the behavior of states (state practice) and the subconscious belief that a behavior is inherently legal (opinio juris). Evidence of state behavior is documented in the decisions of domestic courts, international courts, and international organizations. Unlike treaty law, customary laws are binding on all states. Additionally, if a treaty derives from a custom it is also binding on all states. Some of the international court cases that have been instrumental in the development of customary international law include the Nicaragua v. United States case, the Anglo-Norwegian Fisheries case, the Scotia case, the Asylum case, the Paquete Habana case, and the Lotus case.
In order to do that, first, the essay will define what understand by “jurisdiction” and the elements of the extraterritorial jurisdiction. Next, it analyses some key decisions and advisory opinion from the International Court of Justice and the European regional system in order to prove that extraterritoriality jurisdiction is already applicable and therefore, if the State fails to guarantee the rights contemplated in the human rights treaties, it incurs in international responsibility. Lastly, the essay will sum up the analysis and make some final remarks.
Legal Pluralism is the presence of various legal systems within a single country or a geographical area. Legal Pluralism is omnipresent although it is generally assumed to exist in countries only with a colonial past. This is because in most countries with a colonial past, colonial laws co-exist alongside indigenous laws. However, if we look at the expansive definition of legal pluralism, it can be said that every society or country if legally plural. The modern definition of legal pluralism also deals with the issues of relation between state and non-state legal orders. It shows the dichotomy that exists between customary legal norms and state law. The judiciary of India has upheld this principle of pluralism in many cases by showing that
The rule of law, simply put, is a principle that no one is above the law. This means that there should be no leniency for a person because of peerage, sex, religion or financial standing. England and Wales do not have a written constitution therefore the Rule of Law, which along with the parliamentary Sovereignty was regarded by legal analyst A.C Dicey, as the pillars of the UK Constitution. The Rule of Law was said to be adopted as the “unwritten constitution of Great Britain”.
Answer: law consists of many layers that interact together at different stages of government in order to support the personal rights, duties and describe the frame work of business, at the very base of these sources lays the constitutional law that can be simplified as the whole body of principals that describes the governmental structure and states the relationship between the people and their government. It is divided into two main branches the state constitution and federal constitutions. As well other sources of law contain the statuary law that consists of legislative acts that declare commands and prohibits some actions. At the state levels, statutes control the process of foundation of corporations, probate of wills, and property title transferring processes. It is divided into three parties that are the state legislatures, the federal U.S congress & the local government. And there are also the administrative laws that are decided by two agencies that are the state administrative agencies & the federal administrative agencies and these laws have the same forces of statutes. And the presence of private laws is very important as it sets the rules and regulations parties agree to as per their contractual relationships. Case laws, treaties and executive orders, and uniform state law are all considered also sources of law
The English legal system is complex and there are many ways in which it can be influenced, this essay will explore some of the different, more obvious ways the law can be changed and what this shows in relation to the quote above. First the essay will discuss the different ways the law can be created and changed and who enables and controls those changes, with my primary examples being the common law and legislation for the judicracy and Parliament respectively, then the essay will cover to what extent these powers enable the judicracy to change and create law in relation to Parliament and if it could be discribed as "opportunistic and piecemeal".
There are two kinds of municipalities (city/town). General- Law powers are defined by the states Government code. City government establishes municipal policy and enacts and implements local ordinances. City governments are responsible for providing services which directly affect the lives of their residents like police ...
If classical mixed jurisdictions are to be studied collectively, certain sub-groups would need to be taken into consideration. Some would be amalgamations of common and civil law, such as Scotland and Seychelles; some of religious law, civil law and common law, such as Israel; some others with a mix of the previously mentioned laws with a further addition of socialist law and tribal law such as Algeria; others, such as Hong Kong, that combine traditional Chinese law and socialist Chinese law, which itself embodies elements of the civilian tradition and so on. Other systems which have shifted from the socialist sphere to the more civilian tradition, such as Poland, experience an ongoing mixture, with their legal systems looking for an identity.
International law is a body of legally binding rules that are suppose to govern the relations between sovereign states. (Cornell Law School) In order to be a qualified subject, a state has to be sovereign. To be considered sovereign the state needs to have territory, a population, and a government that is recognized or legitimized to most other states. In the more modern explanation of international law now can include the rights and obligation on intergovernmental international organizations and even individuals. Examples of an international organization would be Greenpeace or the United Nations and an example of an individual would be war criminals, a leader of a state that violated human rights during a time of war. When a dispute arise and cannot be solved amongst the two actors involved they can turn to the U.N. to arbitrate and to the International Court of Justice, one of many courts within the U.N. to find a resolution to their problem. The International Court of Justice’s main task is to help settle legal disputes submitted to it by states and...
Public International law International law contains of rules and principles, which preside over the relations and communication of nations with each other. International Law that is in most other countries referred to as Public International Law concerns itself only with questions of rights among more than a few nations or nations and the citizens or subjects of other nations. In dissimilarity, Private International Law deals with controversies among confidential persons, natural or juridical, arising out of situations having important association to further than one nation. In current years the line up connecting public and private international law have became more and more doubtful. Issues of private international law may also associate issues of public international law and numerous matters of private international law nave considerable meaning for the international group of people of nations. International Law consists of the basic, classic concepts of law in nationwide legal systems, status, property, responsibility, and tort. It also includes substantive law, procedure, process and remedies. International Law is rooted in receipt by the nation states, which comprise the system. Customary law and conventional law are primary sources of international law. Customary international law results when states trail convinced practices usually and time after time out of an intelligence of legal responsibility. Lately the customary law was codified in the Vienna Convention on the Law of Treaties. Conventional international law derives from international agreements and may obtain any appearance that the constricting parties have the same opinion upon. Agreements may be complete in admiration to any substance except for to the leve...
The decentralization policy was formulated by the Minister of State Administration with the help of other government agencies. A year after independence in 2002, the government planned to implement decentralization in order to establish a strong, democratic, and efficient local-based government. The policy states that “[t]he law proposal shall include provision and criteria for the establishment of new municipalities in the future” (2) . These multiple jurisdictions are characterized with numerous objectives. According to the policy orientation guidelines presented by the Ministry of State Administration, the policy “[p]romotes the institutions of a strong, legitimate, and ...
Von Galhn and Taulbee. 2013. Law Among Nations. An Introduction to Public International Law. Pearson Education.
In any kind of legal relations, subject always play an important role, and it is one of the signals to determine the relation that pertaining the adjustment of any legislation system. International law is a legislation system that is a set of thousands of documents from various sources. The research about the subjects is necessary since it helps to find out the source of law, which relation pertains the adjustment of law. The subjects of international law include sovereign states and analogous entities, intergovernmental organizations, the individuals, and multinational corporations.
Before we delve deeper into this topic, it is imperative to properly provide a definition of sovereignty and lay down some foundation on this topic. There are four different definitions of sovereignty – international legal sovereignty, Westphalia sovereignty, domestic sovereignty and interdependence sovereignty. International legal sovereignty deals with “the practices associated with mutual recognition, usually between territorial entities that have formal juridical independence” (Krasner 4). The main definition of sovereignty that this paper will use is the ...