Question

Explain the juridical nature of the various sources of international law. How would these differ from those pertaining to municipal legal system?

Answer 1

Dear Student,

Please find below answer to your question

Abstract

It is very important to each and every business and individual to know about the singnificance of International Law system while making any economic decisions

International law includes both the customary rules and usages to which states have given express assent and the provisions of ratified treaties and conventions. I

In many modern states, international law is by custom or statute regarded as part of national or, as it is usually called, municipal law.

International law is a pri- mary tool for the conduct of international trade. It is concerned with nationality, extradition, the use of armed force, human rights, protection of the environment, the dignity of the individual and the security of nations

International law allows for the practice of stable, consistent, and organized international relations. The sources of international law include international custom general state practice accepted as law, treaties, and general principles of law recognized by most national legal systems.

Below are the Sources of international law which refers to where states, organizations, individuals and courts can find principles of international law.

A) Applicabiliy and Scope of Law

1. International conventions, whether general or particular, establishing rules expressly recognized by the contesting states
2. international custom, as evidence of a general practice accepted as law
3. The general principles of law recognized by civilized nations
4. Subject to the provisions of Article 59, judicial decisions and the teachings of the most highly qualified publicists of the various nations, as subsidiary means for the determination of rules of law.

B) Judical nature of the various sources of international law

1. Treaty law

Treaties and Conventions are written agreements that states willingly sign and ratify and as such are obliged to follow. Such agreements, which are also called statutes or protocols, govern the mutual relations between states.

They are, however, only binding on those states that have signed and also ratified the particular treaty.

2.Reservations, declarations and derogations

In order to increase the number of signatories and ratifications of a treaty, and hence global order, international law does allow for states to limit the full application of a treaty, or clarify their specific understanding of the legal content. This is done through reservations, declarations and derogations.

Only specified reservations are permitted and they cannot undermine the object and purpose of the Treaty.

Declarations, unlike reservations, do not affect legal obligations, but are often made when a State expresses its consent to be bound by a specific treaty, For examples see the reservations and declarations made to the Fourth Geneva Convention.

Some treaties, especially human rights treaties, provide for a derogations system, which allow for a state party to temporally suspend or limit their legal obligations in exceptional circumstances, For example during armed conflict or national emergency

3. Customary international law

Customary international law is comprised of all the written or unwritten rules that form part of the general international concept of justice.

Customary international law is limited in that it is not codified in a clear and accessible format and the content of the rules is generally less specific that what you may find in a treaty.

When states respect certain rules consistently in their international and internal relations, with legal intentions, these practices become accepted by the international community as applicable rules of customary international law

C) Difference between international law and municipal law

To understand the relationship between International Law and Municipal Law, it is important to know the link between the two laws.

In broder terms - International Law is a set of rules and actions related to national behaviour. In other words, International Law is a set of rules that apply when States interact.

On the other hand, Municipal law is also known as the National Law of the country. There are various theories to recognize the difference between these two laws.

International law is all about behaviors and actions of persons, companies or states and countries in cross border situations. Domestic law arises from legislature that is created by a group of people within one country.Treaties come out of agreements created formally between states or countries

If you like the answer, Kindly up vote

Thank You !!