How Do You Distinguish International Law From Municipal Law?
• Take note of the basic difference between the two types of law: • Municipal law regulates relations within a country (intra-state). • International law regulates relations between countries (inter-state). • Understand that there are key substantive differences between international law and municipal law in the following areas: • the processes used to make law • the basis of obligation on parties • the way in which obligations are enforced • the way in which law interplays with politics • Recognise that the principal feature of municipal law is the existence of a legislature and a court system that can settle legal disputes and enforce the law. At the international level, however, there is no legislature in existence and it is by way of agreements between countries (treaties) that international law is made. This can also be described in the following way: • Municipal law is hierarchical or vertical – the legislature is in a position of supremacy and enacts binding legislation • Intern
