Happiness This Way

International Law and Municipal Law: The Interface

Introduction

It is human nature to live in communities. He lives in this way in every part of the world today, and the evidence of history and prehistory, showing how long you've been doing. But then it should be noted that where people live as well as the conflict is bound to arise due to various conflicts of interest among the people. Moreover, given that everyone tries to work hard, get basic needs and all the other things that help make life happy and comfortable, which incidentally are scarce, since the power is always in short proportion to the demand, competition for them sets in. It's a race in which all engage, and in every race or game must have rules and regulations. If not, we moving towards the "state of nature" as enunciated by Hobbes. Therefore, the existence of rules and regulations (the law) becomes a sine qua non for the peaceful coexistence of peoples and nations throughout the world.

This chapter therefore attempts a critical examination of international and municipal laws. The chapter is divided into three parts. The first part is the introduction provides theoretical background for the job. In it, the clarification of certain concepts are relevant for the study was carried out. It also briefly describes the purpose and features of the law. The second part vividly compares international law and law debate about the relationship between the two competing theories using. The third part, which is the aspect of closing, has a complementary character of international law and domestic law, which see both laws as real, regardless of its peculiarities.

 

Understanding Concepts

From conceptual clarification is a form of intellectual ritual gives clarity and validity to any discussion, so it is necessary to explain concepts that are relevant to this study to a deeper understanding.

The Concept of Law

There have been several definitions of the law by different scholars through the global intellectual communities. These definitions exist, ranging from the philosophical to the practical, Plato called social control laws, William Blackstone (1977) sees the law as a rule, specifying what was right and what went wrong. For the purposes of this study, the law is seen as a set of rules that establish a certain level of social behavior, or the rights that members honor society (Davidson, 1998:3).

Law simply, the set coordinates and behaviors of people just to fulfill the agreement, a general behavior human in a given society, with the threat of sanctions against the challenging behaviors. Inferred from the above definitions is the need to obey the law. This is due to Disobedience can attract penalties that could result in imprisonment, fines or death, depending on the nature of the crime. Law can also be defined as a set rules and regulations governing the conduct of human beings in their social norms.

The Concept of the Municipal Law

Municipal law is the State's domestic law, binding on the State's citizens. Is defined as a state law regulating the conduct of individuals and legal within it (Aguda, 1999). It is the national or domestic law of a State. Shaw sees the ordinance, as the law governing the internal aspects of government and deals issues between people and the administrative apparatus (Shaw, 1997:105).

 

The Concept International Law

It is an indisputable fact that international law is a victim of pluralism definition, this is because many definitions of student have been given to it by various renowned scholars from different perspectives. Some of these definitions will be considered for the purpose of this study.

Khan et al (1968) defines it as a "set of rules, laws and regulations, which serves to limit state sovereignty in international society. Oppenheim (1995) sees as" body of customary law and conventional norms that are considered legally binding for States in their relations with others. "Jessup (1968) presents as the body of law that applies to states in their relations and individuals in their relations with other states. In the same vein, Kolawole (1997, 278) defines international law or what he calls the "law of nations" as the body of rules and principles of action binding upon civilized states in their relations with each other. The International law is the law at the international level carried out by the collective will of states and to a lesser extent the organization and individuals (Shaw, 1997, 105). In essence, international law is a set of generally accepted principles and rules for regulating or controlling the behavior of states, individuals and international organizations the purpose of peaceful coexistence at the international level.

 

Dimensions of International Law

            The scope of the right International can be classified into six broad themes, namely: one, the law of peace, seeking the peaceful settlement of international disputes. Two, the right of war since the conflict is an inevitable result of human relationships and the states conducted in hostilities, must comply with established regulations, in terms of product types and ammunition to military use, and the stages of its use, goals and objectives rather than attack, the combat zones, the treatment of civilian journalists and prisoners of war and shelters, and the rights of humanitarian agencies such as the Red Cross also called doctor without borders. "Three, the law of neutrality, international law prohibiting aggression of neutral in the war. It also spells out the respective responsibilities of the neutral states. Law forbids them any help do whatever military or any of the parties engaged in hostility. Four, commercial laws, which relate to regulations on trade international, foreign investment and multilateral trade agreements by the states.

Five is the law of the sea. The sea is very vital for the world economy, since it offers a variety of food and mineral resources. It serves as a means of international transport, and serves as a strategic resource for national defense. For these reasons, nations wars have been fought over marine resources. Consequently, the activities of States at sea should be regulated in order to submit disputes between States. Six, Convention on the use of outdoor spaces. The law regulates the exploration and launch objects into outer space (Ajayi, 2000).

Features and purposes of the Act

The inherent nature of human beings is its unpredictability in terms of behavior of behavior. States, groups and international organizations such as the individuals who constitute the membership of these social formations, suffer from this problem innate. Therefore, for the right to serve really its purposes, a competent and established a body that has recognized the authority must make the law. Also ultimately be enforceable; any law not no law can be imposed. It must also be dynamic because the society in which it works is dynamic. law should also be consensual. International law is a consensus rather than force. Until the laws are the laws of the national society only when one consents to it. It might be fear of reprisal or coercion.

Law has the following general purposes in any society. Law regulates conduct, maintain peace, and provides protection and means of achieving justice.

Specifically, the law serves as a policy tool, as a command tool, promotes order in national and international society. There is no denying the fact that a comprehensive set of rules, regulations, obligations, rights, legal doctrines and decisions of national courts and international legal issues issues does not help to promote international. Law regulates the conduct of citizenship. Without law, society would have been disorganized and become unmanageable (Kolawole, 1997).

One scholar has identified the functions of international law, including minimizing the friction between the states, the stabilization of the behavior states, facilitating cooperation between states, the protection of people, resolving disputes and acting as a public relations tool and propaganda (Adeniran, 1983).

International law also serves as an instrument of national policy. Contributes to the media of a country to achieve its objectives foreign policy. It also serves as an integrating force in the global community, as no state can live in isolation, fragmented states and all people in the world into a whole as they are all subjects of the law, without prejudice to race, color or class (Ajayi, 2000).

Comparison of International Law and Municipal Law

The relationship between international law and domestic law is full of theoretical problems. The international legal literature records on two main subjects main theories involved in the debate. But it is clear that this part does not have the right to distinguish or differentiate international law or give a primacy over the other, but rather, it justifies the existence of both laws and the laws in the real sense of it. Although some of the arguments presented by the different schools of thought to explain the relationship between the two laws will study the theoretical explanation and academic use.

The dualist or pluralist school of thought is that international law and domestic law are two different legal systems, which exist independently from each other (Malanczuk, 1997, 63-71). dualism states that the rules of the international systems and municipal laws exist separately and can not claim to have effect on or ignore others. This is according to the school is due to fundamentally different legal structure used, first by the state, and partly as among states (Malanczuk, 1997).

The dualist position is accepted by the posivists as Triepel and Anzillot. Triepel argues that international law should be incorporated domestic law, because the issue of State is the individual while the subject of international law is an abstract entity known as the state. Since the subjects are not the same, has to be a transformation from one to another law, namely international has transformed into state law before it can be applied to individuals. This process is also called "Theory of transformation." The claim regarding Triepel State as the sole subject of international law can not be violated, because the dynamism in the law. In contemporary international law, individuals are viewed as subject, but with limited capacity.

The 1945 Nuremberg trials, the individuals under international law, Angola was also of First Instance, etc Anzilloti (1967) talks about the constraints of the two laws. In his view dogmatic State laws are imperatival and therefore must be obeyed, while international law is in the nature of the promises, so it is necessary to transform a promise of command before it is applicable in domestic law. The position is not sacred, that the law is not necessarily command the people obey the law when consent to it and often people obey because of the potential benefits that are available.

The second school of thought known as monist has a unitary perception of the law and encompasses both international law and domestic law as part of one and the same legal system. The most radical version monistic approach was made by Kelsen, in his opinion, "the ultimate source of validity of a law" is derived from a basic rule of international law.

Kelsen's theory implies that all norms of international law are supreme over municipal law, municipal law that contradicts international law is automatically void and that international standards of law are directly applicable in national status. Kelsen was the point of view of logic formalism. They opposed the strict division of the two laws as evidenced by the dualists and accept the unitary vision of law as a whole. Kelsen uses the philosophy of Kant as its base.

Law is regarded as part of an order that establishes standards of conduct to be followed, along with the arrangement of the penalties, which are used once an illegal act or line conduct has occurred or is started. From the very definition involves both domestically and internationally, a logical unit is false. Since states are owners of their legal relationship with the functions of international law, and since states can not be equal before the law without a provision to that effect, it follows that the right international higher or more basic than municipal law.

Kelsen stresses the unity of the whole legal system based on the predominance of right international declaring that it is the basic norm of international legal order, which is the last reason of validity of the national legal orders also (Kelsen, 1997).

Lauterpacht in his speech to maintain a strong ethical position with deep concern for human rights. He sees the main function of law as concerned with the welfare of individuals and advocates of the supremacy of international law as the best method to accomplish this.

Interestingly, Article 27 of the Vienna Convention on the Law of Treaties provides that: a party may not invoke provisions of its internal law as justification breach of an international agreement. However, the expression of the supremacy of international law over municipal law in international courts does not mean that the provisions of domestic legislation are not relevant or necessary. By contrast, the role of international legal standards is vital to the functioning international legal machinery.

One of the ways that you can understand and find out status of a State in a variety of important issues for international law is by examining the municipal laws. A country can express its views on key international issues in the extension of the sea territorial or justification that the claims or conditions for the acquisition of citizenship through his takeover of the national legislation. Therefore, it is very common that in the course of any proceedings before it, an international tribunal will feel the need to conduct a study of the relevant parts of the municipal law. The rules of law can be used as evidence of compliance or noncompliance with international obligations (Shaw, 1997).

Complementarity of International Law and Municipal Law

International law does not entirely ignore the municipal law. For example, the ordinance can be used as evidence of international custom or general principles of law which are sources of international law. Moreover, international law leaves questions to be decided by the law (Akhurst, 1977).

Harmonization briefly the theory provides an answer to the true relationship of the two laws, saying that:

The starting point in the legal system is that man does not live in a jurisdiction, but in both. International law and domestic law are bodies consistent doctrine, autonomous but harmonious in its basic objective human good. When we face a real problem, a municipal court applies the rules operating within its jurisdiction and, in fact, apply international law to the exclusion of domestic law, or vice versa (Aguda, 1993: 32).

A treaty or other rule international law obliges states to enact a particular rule as part of its own internal laws. Similarly, there is a general obligation for States to bring national legislation into conformity with the obligation under international law, whether by conversion, adoption, adoption or fostering, For example, the treaties ratified in accordance with the Constitution automatically become part of U.S. law. In Britain, the traditional rule is that customary international law automatically forms part of English law (Akhurst, 1977).

In a case before a municipal court, a rule of International can be anticipated as a defense to a charge. For example, a vessel may be prosecuted for being in the national conditions is considered as territorial waters, but in international law, which would be treated as part of the high seas.

Okeke (1986:6) puts it this way:

… As states growth in its international focus, and as they participate in the creation of new norms of international law or redefining existing ones must be taken into account that the world is moving on the principle of interdependence and mutual cooperation. The age of holding tenaciously to the principle of absolute sovereignty is advanced. In fact, taking a state law to be in accordance with international law was a legitimate exercise of the sovereignty of that state.

Okeke position stresses the dynamism of law and society, when the law is applied and the need for global interaction of the nation of global benefits, and this interaction should be regulated by legislation at both national and international levels in order to be peaceful and orderly world.

Okeke in his analysis of section each before the formation of Germany and the United States to assert the interconnectedness of international and municipal laws. The Constitution of the Republic Germany provides:

The general rules of public international law are an integral part

part of federal law. Priority will be given on

laws and directly create rights and obligations for the inhabitants

federal territory (Okeke, 1986).

Similarly, the United States Constitution also provides:

The Constitution and laws of the United States, which

made in pursuance thereof and all treaties made, or

shall be the supreme law of the country, and the Judges in every State

be bound by it, and everything in the Constitution or laws

of any State to the contrary notwithstanding.

Furthermore, the provision of municipal law can be used as evidence of compliance or noncompliance with international obligations, for example, the issue of respect for fundamental human rights. While in some countries, the law sometimes fail to reflect the correct rule of international law, but this does not necessarily mean that states are breaking international law.

Conclusion

From the above submissions, ranging from definitions of the law, characteristics and effect relationship complimentary and nature of domestic law and international law, it is clear that both laws have the qualities of the law and all it takes to be called laws. They serve the same purpose and functions of the law because they are intended to regulate the conduct, maintain peace, provide protection, achieve justice, etc. Both are enforceable, but have different enforcement mechanisms and agencies. Both are dynamic in nature, are performed by competent and recognized authority, etc. In fact, both statutes have been able to work towards well-ordered societies, which is the ultimate goal of any law. Therefore, international law and municipal laws are real laws.

Reference

Adeniran, T. 1983 Introduction to International Relations. Ibadan, Nigeria Macmillan Ltd.

Acute A. (Ed.) 1999 Introduction to International Law. Ibadan, Spectrum Publishing Law.

Ajayi, K. 2000 Administration and International Relations Economics in a changing world. Ilorin, Publisher Maab.

Akehurst, M. 1977 a modern approach to international law. London, George Allen Publishing Ltd.

Anzilloti, T. 1967 International Law and the State. England, Oxford Press.

Davidson, K. and M. Law 1998 Forsythe Business. U.S. limited edition West Educational.

Jessup, P. 1968 a modern law of the United Nations. Handen Conn, Archan Books.

Kelsen, J. International Law 1997. Edinburgh Rose Publishing Ltd.

Kolawole, D 1997 Reading in Political Science. Ibadan, Dekaal Publishing Ltd.

Malanczuk, P. Introduction Akehurst 1997 Modern International Law. Padstow Wall Con, TJ International Ltd.

Okeke, C. 1986 Theory and Practice of International Law in Nigeria. Forth Dimension Ltd.

Oppenheim, O. Law 1995 International. London, Longman.

Shaw, N. 1997 International Law. United Kingdom, Cambridge University Press.

About the Author

The Author, Tolu Lawal, was born on April 7th, 1974 in Oka Akoko, Ondo State of Nigeria, West Africa. He holds B.sc Political Science and M.sc Political Science(Public Administration option). He is currently a doctoral student of University of Ibadan, Nigeria. He is of Political Science Department.

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