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International law has the relationships between states as its primary focus, while municipal law is concerned with the domestic aspects of governance, with issues between individuals and issues between the individual and the administrative setup. There are various theories that govern the relationships of international and municipal law, ranging from monism, dualism, transformation, delegation and harmonization.
International law supersedes municipal law in the sense that non compliance to an international obligation cannot be brushed off by a state claiming that the action was in pursuit of its own municipal laws. The state can not use any provision within its internal legal structure to evade an international obligation.
Treaties, executive certificates, and other principles of customary law provide a means for application of international law. Different countries however follow different methods in the approach and application of international law to municipal jurisdiction.
International law supersedes municipal law in the sense that non compliance to an international obligation cannot be brushed off by a state claiming that the action was in pursuit of its own municipal laws. The state can not use any provision within its internal legal structure to evade an international obligation.
Treaties, executive certificates, and other principles of customary law provide a means for application of international law. Different countries however follow different methods in the approach and application of international law to municipal jurisdiction.
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answered 3 years ago
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