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Municipal Laws in International Law

This document is a draft submitted by a law student in partial fulfillment of an international law course. It examines the relationship between international law and municipal (domestic) laws of states. The student aims to analyze how international law is applied and enforced given the lack of a central authority, and the relationship between customary international law, treaty-based international law, and potential conflicts with domestic constitutions. The hypothesis is that application of international law depends on a state's legislature and judiciary. Research will be conducted using doctrinal legal methods and will include chapters on the general relationship, relevant theories, aerospace laws in India, similarities and differences between the legal systems, treaties and conventions, India's position, and judicial discourse on

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Ashutosh Kumar
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0% found this document useful (0 votes)
133 views4 pages

Municipal Laws in International Law

This document is a draft submitted by a law student in partial fulfillment of an international law course. It examines the relationship between international law and municipal (domestic) laws of states. The student aims to analyze how international law is applied and enforced given the lack of a central authority, and the relationship between customary international law, treaty-based international law, and potential conflicts with domestic constitutions. The hypothesis is that application of international law depends on a state's legislature and judiciary. Research will be conducted using doctrinal legal methods and will include chapters on the general relationship, relevant theories, aerospace laws in India, similarities and differences between the legal systems, treaties and conventions, India's position, and judicial discourse on

Uploaded by

Ashutosh Kumar
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd

RELEVANCE OF MUNICIPAL LAWS IN

INTERNATIONAL LAW
SUBMITTED BY-
PANKAJ KUMAR, B.A., LL.B.(HONS.)
(5th Semester), (Roll No.- 2135)
SUBMITTED TO-
MRS. SUGANDHA SINHA
(LECTURER OF LAW)
This rough draft is submitted in partial fulfilment in Public International law for
the completion of B.A. LL.B.(Hons.) course.

AUGUST 2021
CHANAKYA NATIONAL LAW UNIVERSITY,
PATNA.

Page 1 of 4
INTRODUCTION

International law is the set of rules generally regarded and accepted as binding in relations
between states and nations. It differs from national legal systems in that it only concerns nations
rather than private citizens. National law may become international law when treaties delegate
national jurisdiction to supranational tribunals such as the European Court of Human Rights
or the International Criminal Court. Treaties such as the Geneva Conventions may require
national law to conform.
International law is basically a system of law applicable to states and relations between states,
with its rules, whether customary or conventional, relating to allor most of the more than 150
members of the community of nations. Inasmuch as that community lacks a central authority,
the rules of international law can be“put into effect,” that is, can be applied and enforced, only
through the governments of the individual states—members of the community. Each of the
latter, however, possesses its own constitution (or its equivalent) and its own distinct domestic
system of executive, legislative, and judicial powers.
It is therefore necessary to analyse the relationship between international law and the domestic
(municipal) legal systems of states. This means a threefold investigation of relations between
customary international law and municipal law, of treaty-law or conventional international law,
and of conflicts arising between provisions of international law and the constitutions and organs
(bothfunction and authority) of domestic governments.

OBJECTIVES

• How International Law applied and executed?


• Sources of International Law.
• Role of Treaties and Customs in International Law.

HYPOTHESIS
The researcher has formulated the hypothesis that the application of International law
depends largely upon the Legislature as well as the Judiciary of the state.

MODE OF RESEARCH
➢ The researcher has relied upon the Doctrinal method of research for the completion of
this project.

Page 2 of 4
TENTATIVE CHAPTERISATION
1. INTRODUCTION.
2. GENERAL RULE ON THE RELATIONSHIP.
3. THEORIES AS TO RELATIONSHIP BETWEEN INTERNATIONAL LAW AND
MUNICIPAL LAW.
4. AEROSPACE LAWS IN INDIA AND WORLD.
5. SIMILARITIES AND DIFFERENCE BETWEEN INTERNATIONAL LAW AND
DOMESTIC LAW.
6. INTERNATIONAL CONVENTIONS AND TREATIES.
7. POSITION IN INDIA
8. JUDICIAL DISCOURSE ON RELATIONSHIP BETWEEN INTERNATIONAL
LAW AND MUNICIPAL LAW.
9. CONCLUSION.

BIBLIOGRAPHY
Primary Sources: Books
• The Status of International Law under the Constitution of India
• -Author Profile-Jagadish S. Halashetti
• Jai Kanade and Vishal Kanade: Public International Law–A Primer
• -Author: Jai Kanade and Vishal Kanade
• Public International Law
• -Author: V K Ahuja

Secondary Sources: Materials Available on the internet.

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