Comparative Analysis Of The Relationship Between International Law And National Legal Systems

Tanya Sharma & Vikalp Rajput & Vikhyat Singh, B.A. LL.B., Delhi Metropolitan Education, Guru Gobind Singh Indraprastha University, New Delhi

ABSTRACT

The correlation between international law and national law and the notion of international law's primacy continues to be topics of dispute. Several writers acknowledge the superiority of international law as an ideal that allows an international rule of law to exist. While many nations' national legislation now conforms to the growing requirements of global law, the complete dominance of international law over constitutional concepts is regularly contested.

The vast majority of states have announced their absolute constitutions. Some international treaties require States Parties to amend their national legislation or take other steps to meet their international responsibilities. There are concepts and hypotheses that allow the operation of international legislation in the legal background of the state party, although international actions must sometimes be confirmed by state legislatures before becoming part of a country's internal laws. The current research study investigates the connection between international and domestic law. However international law concentrates on State interactions and municipal law on connections amid residents or amongst residents and the Countries, certain areas, such as the environment, business, and civil rights, necessitate both international and domestic legislation.

Over the years, an effort has also been made to analyze different theories, aspects, statuses, and historic progression of the nexus between international and national laws and the same has been explained in detail. Despite the fact that the international legal system continues to take precedence above a nation’s local legislation, the queries of how current universal principles are to be applied and implemented in local arenas are discussed in the present study.

Keywords: International treaties and Customs, National laws, State Sovereignty, Theories