Ppt presentation of law

1. By
Rakesh Ranjan
Dept. of Political Science, PU

2. OPPENHEIM defines International Law as, "Law of
Nation or International Law is the name for the body
of customary and conventional rules which are
considered legally binding by civilized states in their
relation with each other, within a community which by
common consent of this community shall be enforced
by external power".
International Law has been defined by J.G. Starke as
"that body of Law which is composed for its greater
part of the principles and rules of conduct which states
feel themselves bound to observe, and therefore, do
commonly observe in their relations with each other."

3. According to the Black’s Law Dictionary :
"The legal system governing the relationship
between nations; more modernly the Law of
International relations, embracing not only
nations but also such participants as International
organizations and individuals".
Thus International Law is a body of rules and
principles which regulate the conduct and
relations of the members of international
community.

4.  Municipal Law is the national domestic or internal
law of a sovereign state defined in opposition to
international law.
 Municipal law includes many levels of law; not
only national law but also state, provincial,
territorial, regional or local law.
 Municipal law is the law specific to a particular
city or country and the government bodies within
those cities or countries.
 Thus Municipal Law is the acts made by the legislature
or the Law making authority of a state, applicable to that
state alone.

5.  International Law is largely but not altogether
concerned with relation among states.
Whereas Municipal Law controls relations between
individuals within a state and between individuals
and the state.

6.  International Law, on the other hand, regulates
relations between the member States of the Family
of Nations.
 Municipal Law regulates relations between the
individuals under the sway of the respective State
and the relations between this State and the
respective individuals.

7.  Law of Nations is a Law not above, but between
Sovereign States.
 Whereas Municipal Law is a Law of a Sovereign
over individuals subjected to his way.

8.  Theories:
 (1) Monism
 (2) Dualism
 (3) Specific Adoption Theory
 (4) Transformation Theory
 (5) Delegation Theory

9.  The exponents of this theory emphasise the
scientific analysis of the internal structure of
law.
 Monists hold that International Law and State Law
share a common origin-namely Law.
 According to Monists, law is a unified branch
of knowledge, no matter whether it applies on
persons or other entities.

10.  According to Monism, International Law is directly
applicable in the National legal order. There is no
need for any Municipal implementing legislation;
International Law is immediately applicable within
National legal systems unlike Dualism, without any
incorporation or transformation.
 Monistic Theory was developed by German scholars
namely Moser, Hegel, Bergbohm, Zorn, Wenzel in
late 18th and early 19th centuries. Wright, Kelsen
and Duguit are some of the prominent exponents of
monism.

11.  Dualism theory was developed by a German scholar
Triepel and an Italian scholar Anzilotti.
 In the view of the dualistic writers, international law
and state law are two separate law. The important
principle of Dualism is that, International Law and
Municipal Law are two separate and distinct orders,
in their objects and spheres of operation, such that
the norms of one would not operate within the realm
of the other without a positive act of reception or
transformation, as the case may be.

12.  The International Law and Municipal Law are two
entirely different things and the International Law
can never be applied in the state without
incorporating or transforming it into Municipal Law.
 The subject of the Municipal Law is primarily
individuals and groups, and that of International
Law is states. The main function of Municipal Law
is regulating internal functioning of the state,
relation between the state and the individual, and
function of International Law is to supervise the
relations between states.

13.  According to the exponents of this theory, international
law cannot be directly enforced in the field of state law.
In order to enforce it in the field of Municipal Law, it is
necessary to make its specific adoption.
 International Law can be applied in the field of
Municipal Law only when Municipal Law either
permits it or adopts it specifically.
 For example, International Covenant on Civil and Political
Rights and International Covenant on Economic, Social and
Cultural Rights have been adopted in India under
the Protection of Human Rights Act, 1993

14.  According to the exponents of this theory, for
the application of international law in the field
of municipal law, the rules of international law
have to undergo transformation.
 International Law undergoes transformation as it
spreads universally. Unless transformed, it cannot be
applied to Municipal Law. States incorporate
treaties and norms into their Municipal laws by
specific "transformational" devices.

15.  According to this theory, the constitutional rule
of international law permit each State to
determine as to how international treaties will
become applicable in the field of state law.
 International Law delegates the rule-making power
to each State accordance with the procedure and
system prevailing in each state in accordance with
the Constitution and Rules of the Treaty or
Convention that member states sign and agree upon.

16.  International Law is no longer law between nations,
it also embraces individuals. International Law
gradually headed towards a human commonwealth
encompassing individuals, states, and other
aggregates cutting across state boundaries.

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 THANK YOU