Essay on Comparison Between International Law and National Law
The world has witnessed the development of law since times immemorial in response to growing interaction among the individuals resulting in a need for a framework to regulate their interactions in the territories they live in. Similarly, ever since the interaction between the states has increased, the evolution of International Law has evolved accordingly side by side the National Law regulating the relations among the states. The growing role of both National Law and International Law in their respective spheres and in intersecting spheres has given rise to a debate over their …show more content…
5. Where does primacy reside: in International Law or in national law. If International Law has drawn its validity only from state constitution, it would necessarily cease its validity when authority rested upon disappears. But valid operation of International Law does not invalidate its importance and regard. For example, after Belgium became independent state, treaties had not lost their force despite internal constitutional changes.
The International Law also asserts its supremacy when new states enter in international society and International Law binds them without their consents. Every state is duty bound to bring not only its laws but also its constitution in accordance with International Law.
6. In states, the practice as to apply International Law by municipal courts is different from each other. Some states have interpreted in their constitution to apply International Law and therefore, their courts are bound to apply International Law such as Germany, Korea, USA, etc. But in most states, the courts apply International Law conditioned upon the precedence and the practices of the state.
Scholars belonging to the Monist view consider both the laws as a single unity composed of binding legal rules whether those rules are obligatory on states,