Comparison Between International Law and National Law
Compare and contrast the strengths and weaknesses of national and international law. To what extent can they be said to be similar or different?
Introduction
The world has witnessed the development of law since times immemorial in response to growing interaction among the individuals resulting in a need for a framework to regulate their interactions in the territories they live in. Similarly, ever since the interaction between the states has increased, the evolution of International Law has evolved accordingly side by side the National Law regulating the relations among the states. The growing role of both National Law and International Law in their respective spheres and in intersecting spheres has given rise to a debate over their relation to each other.
International Law:
International Law is the law that governs the relations among states and other international legal persons, and regulates relations between states. The sources of International Law are customs grown up among states and lawmaking treaties concluded by them. There is no “black or white” answer, the most agreed upon common ground for the description of sources is found, although not exhaustively, in article 38 of the Statute of the International Court of Justice. Stating that treaties are the main source, then come customs, after those general principles of law recognized by civilized countries, and finally judicial decisions and teachings of the most highly qualifies publicist of the various nations.
National law:
National law is the law of a state, which governs the domestic affairs of the state. The sources of Municipal Law are customs grown up within the boundaries of the state concerned and statutes enacted by the law giving authority. Municipal Law regulates relations between the individuals under the sway of a state and the relations between the state and the individual.
Strengths and Weaknesses of International Law and National Law:
1. National law is conditioned by the
Introduction
The world has witnessed the development of law since times immemorial in response to growing interaction among the individuals resulting in a need for a framework to regulate their interactions in the territories they live in. Similarly, ever since the interaction between the states has increased, the evolution of International Law has evolved accordingly side by side the National Law regulating the relations among the states. The growing role of both National Law and International Law in their respective spheres and in intersecting spheres has given rise to a debate over their relation to each other.
International Law:
International Law is the law that governs the relations among states and other international legal persons, and regulates relations between states. The sources of International Law are customs grown up among states and lawmaking treaties concluded by them. There is no “black or white” answer, the most agreed upon common ground for the description of sources is found, although not exhaustively, in article 38 of the Statute of the International Court of Justice. Stating that treaties are the main source, then come customs, after those general principles of law recognized by civilized countries, and finally judicial decisions and teachings of the most highly qualifies publicist of the various nations.
National law:
National law is the law of a state, which governs the domestic affairs of the state. The sources of Municipal Law are customs grown up within the boundaries of the state concerned and statutes enacted by the law giving authority. Municipal Law regulates relations between the individuals under the sway of a state and the relations between the state and the individual.
Strengths and Weaknesses of International Law and National Law:
1. National law is conditioned by the