How to Distinguish International Law from National Law

International law, a term coined by philosopher Jeremy Bentham around 1800 ^{[1] X Research Sources} , refers to the system of judgments, principles, and practices that govern discourse between states ( examples of human rights, military intervention, and global concerns such as climate change). In contrast, national law governs the actions of individuals and legal entities within the borders of the sovereign state (e.g. civil code and criminal statute).

Table of Contents

Review the basics of international law

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Understand the concept of public international law. When questions and conflicts arise in relations between sovereign states, they will be resolved according to the principles of public international law. This legal system includes treaties and rulings to interpret those treaties. ^{[2] X Research Source}

International law recognizes that all parties, sovereign states, are equal.
Conflicts arising under public international law can be resolved through diplomatic negotiations or at the International Court of Justice. ^{[3] X Research Source} This is a United Nations court. Fifteen judges elected by the United Nations General Assembly use international legal precedent to make views and resolve legal disputes between governments. ^{[4] X Research Sources}
The International Court of Justice has jurisdiction in two cases: first, when two states agree to refer a conflict to a court, and second, when the treaty designates the court as the competent authority over the matter. with dispute. ^{[5] X Research Sources}

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Distinguishing international law from public international law. When citizens of different states have a legal dispute, it is often questioned which law will apply. The question of the choice of law applicable in civil matters, from contract law to family law, was discussed at the Hague Conference on International Justice. ^{[6] X Research Sources}

Generally, the court will first review the contract terms to determine which court will have jurisdiction. ^{[7] X Research Sources} When a contract does not clearly define the language of trial, the court will consider the overall context of the contract and the behavior of the parties when making the contract (called evidence of commitment ^{[8] ] X Research Source} ) and whether the parties can agree on a jurisdiction.

Consider the rules of national law

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Definition of national law. In common usage, specifically in the United States, the word municipal refers to a city or town. However, in the context of international law, the word municipal refers to any sovereign entity, including countries, states, counties, provinces, cities, and towns. In short, the word municipal law refers to the internal law of a government. ^{[12] X Research Source}

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Learn the basics of national law. National law (or domestic law) takes two main forms. The first is that civil law is made up of written law and regulations for the enforcement of written law. ^{[13] X Research Sources} Acts are passed by the state legislature or by popular vote. ^{[14] X Sources of study} National law is also constituted by common law – the law created by the lower and higher courts of the country. ^{[15] X Research Source}

Common forms of national law are criminal statutes, traffic laws, and government regulations. Essentially, national law governs the relationship of citizens with the government.

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Understand the enforcement mechanism of national law. Civil and common law are enforced in very different ways. For example, law enforcement agencies, from local police to federal investigative agencies, have the authority to enforce criminal and civil laws. In contrast, common law – often referred to as judge-created law – is mainly addressed when adjudicating legal issues such as contract law or disputes between domestic enterprises. ^{[16] X Trusted Source National Conference of State Legislatures Go to Source}^{[17] X Research Source}

Distinguish between international law and national law

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Consider how to make laws. There is no international law. The United Nations agrees on conventions that member states decide to ratify and adhere to, but no international governmental entity. International law is made up of treaties, customs and agreements between states. This is in stark contrast to the legislative process that creates the national laws of states and states.

An international treaty is a binding legal agreement between states. In a country like the United States, a treaty is an agreement ratified by Congress. Once ratified, the treaty is as valid as federal law (that is, statute). So treaties can have different meanings depending on the country or international body that is discussing them. ^{[18] X Reliable Sources Library of Congress Go to source} For example the Treaty of Versailles, a peace treaty signed after World War I. ^{[19] X Research Source}
International agreements are often less formal than treaties, although the international community ranks them on a par with treaties. In the United States, international agreements do not need to be ratified by Congress, and they are applied only in national law (that is, they cannot be enforced by themselves). ^{[20] X Research Source} An example of an international agreement is the Kyoto Agreement that provides for global emission reductions, with the aim of curbing climate change. ^{[21] X Research Source}
International custom is created when a country regularly and consistently follows a certain practice out of a sense of legal obligation. Customary international law is not necessarily written down and is the least formal form in international law documents. ^{[22] X Research Source}

Assess the relationship between international law and national law

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Analyze the relationship from the point of view of the theory of “allergies”. Many in the international community view international law and national law as two separate entities. They assume that each system will govern its own problems and exist in its own world. Their view is that international law governs the behavior of states and their interactions with each other. On the other hand, they argue that national law governs the behavior of people living in a sovereign state.

If you are a heterotheist, you will say that these two systems hardly interact with each other. However, if they claim that there is interaction, that is when national law recognizes and integrates principles of international law. Therefore, national law will take precedence over international law. In the event of a conflict between international law and national law, the national court shall apply the national law. ^{[24] X Research Source}

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Analyze the relationship from the point of view of the theory of “monism”. The monists believe that international law and national law are both part of the legal system. For them, both systems are based on the same basis to regulate the behavior of people and things.

If you are a monist, international law will prevail over national law, even in national courts. ^{[25] X Research Sources}

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To what extent must states comply with international law? Although states have a common obligation to comply with international law, there is often a large deviation in the way they comply. In general, states are free to decide how to integrate international law into national law. They deal with this problem in different ways, but the general trend is allergenic. As a result, most countries have formally integrated international law by passing several national laws. ^{[26] X Research Sources}

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Assess the impact of international law on national law. In the international context, international law prevails over national law. However, national law is useful evidence of customary international law and general principles of law. In addition, international law often leaves questions that only a country’s own law can answer. So if you have to go to international court, you can use national law to determine if there is a violation of international law. International courts can even refer to national law to help them interpret international law.

In the internal (i.e. national) context, the interaction between the two legal systems is more difficult to assess. In general, less formal international agreements and practices will be recognized and observed as long as they do not conflict with national law. If there is a conflict, national law usually takes precedence. However, formal treaties are generally considered to be equally applicable to national law, as long as they are self-enforcing (i.e., self-operating within a country). But some countries have a different view. ^{[27] X Research Source}

Steps

Review the basics of international law

Consider the rules of national law

Distinguish between international law and national law

Assess the relationship between international law and national law

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