International Law Vs Municipal Law Case Study

Which Law shall prevails, International law or Municipal law?

International law and Municipal law are two different independent systems. But, Public International Law (PIL) is part of the Municipal aw of a State inasmuch agrees to abide the rule being a member of the Family of Nations. It is universally accepted that, with or without an express declaration to this effect, states are bound by rules prescribed to the family of nations for the regulation of international intercourse as members in the international community.

Discordance between International law and Municipal Law profound hypothetical roots because they operate in different spheres and deciding which law shall prevail so the relationship between the two can be found in the two different schools of law which are the dualist and the monist. In dualist theory views

The provision of the Constitution should prevail in case there is a conflict between a provision on the treaty as stated in the Article VIII, Section 2(a) of the 1987 Phililippine Constitution, the Supreme Court has the power to make the treaty null and unconstitutional when it clashes with a fundamental law. (Gonzales vs. Hechanova, 9 SCRA [1963]) thus, the Municipal Law will prevail. The fact that International law is just equivalent to Congressional enactments that need to conform with the provisions in the Constitution and in the event that it doesn’t then such international law will have no power or effect inside our country. For whatever length of time, that law is constitutional then regardless of the possibility that it is violative of International law such law is