How do distinguish international law from Municipal law?
International law, also identified as public international law and law of nationals is a collection of laws, norms, and principles which are widely accepted in international relations. The definition of international laws relates to international relations. Many legal systems accept international tradition, treaties, and general principles of law as origins of international law.
Municipal law is the domestic or internal law of a Sovereign State. This law has to deal not only with national laws but also with tribal, provincial, and federal laws. This law is helpful in regulating specific cities, countries or political bodies ruling a country or city.
Basics of International Law
1- What is the concept of public international law
Public international law is helpful in solving relationship conflicts between Sovereign nations. This set of international laws helps in strengthening relations between countries and making treaties for legal benefits.
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Characteristics of international law:
-> International law bridges the gaps of inequality and differences between sovereign states. It believes that all countries should have equal rights and equal treatment.
->International court of justice defines these laws to resolve conflicts between nations either through diplomatic negotiations or through the court.
->Jurisdiction of an international court is found in two types of cases:
- 1-When both countries having conflict mutually agree to submit disputes to the international court.
- 2-When some specification in a treaty between disputing parties mentions the interference of legal authority in case of disputes.
2-Private international law and public international law-Differences
In case some legal dispute arises between the residents of two different states, then the question arises of what law applies to solve the issue. This kind of law question in civil issues ranging from contracts to family law is argued in Hague Conference on Private international law.
–Courts will generally defer to any contract or agreement stipulations that specify which courts will have jurisdiction. If there is no clear choice of law in the contract, the court will consider the deal’s general circumstances, the parties’ actions in establishing the contract (known as parol evidence), and whether the parties can agree on jurisdiction.
3. Review the sources of international law
The Vienna Convention on the Law of treaties describes international law. States are obligated to follow certain traditions because of historical and legal obligations.
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Examine the regulations of Municipal law
1- Define municipal law
In general terms municipal or municipality law refers to a city or town. However, in terms of international law, municipal refers to any sovereign entity considering countries, states, cities, and towns.
2- Basics of municipal law
Municipal Law refers to both the rules that govern a certain city or country and the political entities that control those towns or countries. As a result, municipal law refers to legislation established by a state’s legislature or other legislative body that applies only to that state.
-Municipal law regulates the relationship of citizens with the government.
-General types of municipal laws include traffic laws, government rules, and criminal statutes.
3- Municipal Law-Law enforcement procedure
The enforcement of civil and common law is substantially different. Civil criminal statutes, for example, are under the jurisdiction of law enforcement bodies ranging from local police to federal investigative divisions. On the other hand, most common law, often known as judge-made law, is used in legal matters such as contract law and domestic business conflicts.
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Distinguishing International and Municipal Law
1- How laws are created?
There are no treaty obligations in place. There is no worldwide governing agency that conforms to agreements that member countries can choose to follow. Treaties, customs, and international agreements form the basis of international law. This is in sharp contrast to the legislative process that generates national and state-level internal city ordinances.
-Treaties are signed between two countries as legally binding agreements.
-Usually, international agreements are not as formal as treaties.
-The need to form international rules arises when a country follows a certain practice due to legal obligations.
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2- Law enforcement
In international law, there is no police agency to monitor the complete international jurisdiction. Even organizations like the United Nations with a maximum number of countries in the group work as coordination agencies. In case of disputes between two countries, treaties are made to enforce international laws.
In legal disputes of municipal law, the decision of the case is made either on civil laws or in the form of statutes.
3- Role of parties included in legal disputes
If parties having conflicts are Sovereign countries, international laws will apply to solve disputes. On the contrary, both disputing parties are citizens of the same country, and municipal law enforcement, courts, and national legal procedures are applicable to settle the disputes.