International law should be distinguished from municipal law.
The body of legal decisions, rules, and customs that regulate the discourse between nations is referred to as International Law.Municipal law governs the actions of individuals and commercial entities within the borders of other states.
Step 1: Understand international law.
Questions and conflicts can be solved under the rules of public international law.The treaties and legal decisions are part of this body of law.All the parties are equal according to international law.Conflicts can be settled in the International Court of Justice or through diplomatic negotiations.The United Nations has a court.UN General Assembly elected judges use international legal precedent to issue advisory opinions and solve legal disputes between governments.There are two types of cases that the International Court of Justice can adjudicate.The two countries agree to submit the conflict to the court.The court is the legal authority over disputes when a treaty is signed.
Step 2: Private international law should be different from public law.
There is a question about what law applies when citizens of different states have a legal dispute.The choice of law question in civil issues, ranging from contracts to family law, is discussed in the Hague Conference on Private International Law.Courts will defer to any contract or agreement clause that identifies what courts have jurisdiction.In the absence of explicit choice of law language, the court will look at the overall circumstances of the contract and the behavior of both parties in creating it.
Step 3: Discuss the sources of international law.
The Vienna Convention on the Law of Treaties codifies the customary international law.States follow certain practices out of historical and legal obligation.
Step 4: Define the law of the city.
In the United States, the term municipal refers to a city or town.In international law, municipal refers to any entity, including countries, states, counties, provinces, cities, and towns.The internal law of a government is referred to as municipal.
Step 5: You should be familiar with the basics of municipal law
There are two primary forms of law.Civil law is composed of the statutory law and regulations.Statutes can either be passed by the legislative bodies of the state or by popular vote.The common law is the law handed down by the lower and upper courts of the country.Criminal statutes, traffic laws, and government regulations are some of the common types of municipal law.The relationship of citizens with the government is regulated by municipal law.
Step 6: Understand how the law is enforced.
Civil and common law are not the same.Civil criminal statutes have jurisdiction over law enforcement agencies.Most common law is referred to during legal issues such as contract law or disputes between domestic businesses.
Step 7: Look at the creation of the laws.
There are no international laws.There is no international governmental body that the United Nations agrees on.International law is created by treaties and agreements.The internal municipal laws of nations and states are created through the legislative process.International treaties are legally binding.A treaty is an agreement that Congress ratifies.It holds the same status as federal legislation once it has been approved.Treaty means different things depending on the nation or international body discussing them.The Treaty of Versailles was signed after World War I.The international community sees international agreements on the same level as treaties.In the United States, international agreements do not need to be approved by Congress in order to apply in domestic law.The Kyoto Protocol is an example of an international agreement that hopes to curb climate change.When a nation generally and consistently follows a certain practice due to a sense of legal obligation, international customs are created.They are the least formal of all the sources of international law.
Step 8: Study how the law is enforced.
There isn't a police agency with complete international jurisdiction.The organization with 190 member countries acts as a coordination agency, passing information and training to municipal police forces.The international law is enforced when there is a dispute between nations.Statutes or the body of common law in the forum state will be used to decide the case in municipal law legal disputes.
Step 9: How are the parties affected?
You can assume that international laws, enforcement methods, and dispute resolution will apply to the two sides in the legal dispute.If both parties are citizens of the same nation, municipal law enforcement, court systems, and jurisdictional rules will be used to settle the dispute.The courts will look to any treaties, UN conventions, or contracts that may shed light on the jurisdiction before agreeing to accept jurisdiction when the citizenship is mixed.
Step 10: The relationship can be analyzed from a dualist perspective.
Many people in the international community see international and municipal law in different ways.These people say that each system regulates its own subject matters.The conduct of states and their interactions with one another are regulated by international law.Municipal law regulates the conduct of people within a state.The two barely interact if you are a dualist.It would usually be when municipal law is incorporating the rules of international law.The national law has supremacy over the international law.Municipal law would be applied to international law by a national court.
Step 11: Take a look at the connection from a "monist" perspective.
Monists think international law and municipal law are part of the same legal system.Both laws are based on the same premise and regulate the conduct of people and things.Even in national courts, international law will trump municipal law if you are a monist.
Step 12: Determine how nations are required to follow international law.
There is usually a lot of flexibility in how nations choose to follow international law.Nations can decide how international law is incorporated into municipal law.The prevailing position seems to be dualist, as different nations handle this issue in different ways.Most nations require the formal integration of international law through the passage of some municipal law.
Step 13: Assess how international law interacts with local law.
International law prevails over municipal law.Municipal law can be used as evidence of international customary law and general principles of law.International law leaves questions to be answered by the nation's own laws.If you found yourself in an international court, you could use municipal law to determine if there was a violation of international law.Municipal law may be used to help interpret international law.The interaction is more difficult to assess in the municipal sphere.Less formal international agreements and customs are accepted if there is no conflict with municipal law.Municipal law will usually win if there is a conflict.More formal treaties are usually seen as being on par with municipal law if they are self-executing.Some nations have different views.