How does International Law differ from national law?

Answer By law4u team

International Law and National Law (also known as Municipal Law) differ in their scope, sources, subjects, enforcement, and jurisdiction. Here's a detailed explanation of the key differences: 1. Scope and Jurisdiction International Law governs the relations between sovereign states, international organizations, and in some cases individuals (like under international criminal law or human rights law). National Law governs the conduct of individuals and institutions within a particular country’s borders. 2. Sources of Law International Law is derived from: Treaties and conventions Customary international law General principles of law recognized by civilized nations Judicial decisions and writings of jurists National Law comes from: The Constitution Statutes and Acts passed by the legislature Judicial decisions (precedents) Rules and regulations framed by government bodies 3. Subjects of Law International Law primarily deals with: States and their rights and responsibilities International organizations Human rights, war, diplomacy, maritime issues, and environment National Law deals with: Citizens and residents of a country Matters like criminal law, contract law, property, family, labor, taxation, etc. 4. Enforcement International Law lacks a centralized enforcement mechanism. Compliance is usually voluntary or based on diplomatic pressure, reputation, or retaliation (sanctions). National Law is enforced by the country’s police, judiciary, and administrative machinery, with binding legal consequences. 5. Legislative Authority International Law is created by agreement between states (e.g., through treaties). There is no single global legislature. National Law is created by a country's legislature (e.g., Parliament in India), which has the authority to make binding laws for that country. 6. Courts and Adjudication International disputes may be settled in international courts like the International Court of Justice (ICJ) or arbitral tribunals, only if the parties consent. National disputes are decided by domestic courts which have compulsory jurisdiction over people and matters within the country. 7. Binding Nature International Law is binding only on states that accept it (for example, by signing a treaty). National Law is binding on all citizens and entities within the country, whether or not they agree with it. Conclusion: International Law regulates the conduct between nations and is more dependent on consent and cooperation, while National Law directly governs individuals and entities within a state and is enforced through a well-established legal and judicial system.

Answer By Ayantika Mondal

Dear Client, International Law Definition: International law are those laws that govern relations among sovereign states as well as other international actors. It includes rules and principles set forth in treaties and conventions, in customs, and in other generally recognized principles of law. Scope and Jurisdiction: Applies to the states and international organizations as well as some individuals. Matters addressed include diplomacy, war, commerce, human rights, and environmental protection. Sources: Treaties and conventions. Customary international law. General principles of law recognized by civilized nations. Decisions of international courts and tribunals, and the teachings of the most highly qualified publicists of the various nations. Enforcement: The law of nations mainly depends upon the voluntary compliance of countries. It is enforced by way of international tribunals such as the International Court of Justice (ICJ) and the International Criminal Court (ICC). Consequently, there is no central enforcement body, and, in practice, enforcement depends upon the political will of states and upon their ability to put pressure on one another. National (Municipal) Law Definition: National law is concerned with the conduct of individuals and entities within a national realm. It is created and enacted by the legislative authorities of the country and stores binding force through its judicial and administrative institutions. Scope and Jurisdiction: Applies within the territorial limit of a state. Covers criminal law, civil rights, property law, and administrative regulations. Sources: Constitution. Statutes and legislation. Regulations and administrative rules. Judicial decisions or case law. Enforcement: Implementation and enforcement by national courts, police, and administrative agencies. Violators become subject to penalties such as being fined, imprisoned, or otherwise sanctioned. Relationship Between International and National Law The relationship between international and national law varies depending on the country and somewhat hinges on its legal system. --Monist Systems: Under international law, as soon as the treaty has been ratified, is automatically and divinely incorporated as part of national law without the need for additional legislation. --Dualist Systems: International law must be explicitly adopted through national legislation to have domestic legal effect. Conflicts can arise in either system when national laws contradict their international obligations. International law generally states that a state cannot uphold its internal laws as an excuse for failure to uphold an international commitment. I hope this answer helps. In case of future queries please feel free to contact us. Thank you.