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Traditional International Law

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When civilization started, laws and treaties sprout out in the system of human race. State (Nation) is an institution which is independent to another state. They have different norms and culture. No one is higher because each of them is powerful and equal. They have what we call sovereignty. But after some incidents of war the new tread in the world is international relation, which each state can’t survive without the other. In this new trend, all parties are bounded by international law. All actions of each state relation are under the international law. These are the treaties customary international law and, general accepted principle. The international law was created in order to have order and to have an institution in the world that would …show more content…

When there is problem about international relations and customs between states, the international law prevails but when the problems are about an internal issue within the state, the municipal law prevails. But how about the comparison on the two on who must prevail between them during conflicts of law, is international is higher than municipal or vice versa. In this issue, it is very difficult to answer the question with yes or no because both of them has support why they are higher than the other and they also have points of loopholes with each other. Before I give my last answer let me discuss first the most influential case of my answer, the two schools of point of view (my own interpretation) in international relation. The dualist and the monist point of view, these views will help us understand the answers.
According to Borchard(1940) that they are two schools that are competing on the issues on sovereignty and international law of world politics. He stated that the schools are the dualist and the monist. Each school has different arguments from legality to practicality. The schools are comparing and questioning on the issue and dilemma of each …show more content…

No one is higher than the other. They are different entities of laws. The municipal law must prevail in the domestic level but when it comes to international level of diplomatic laws and relation, the international law prevail but in times of conflict between the laws, it depends on the facts of the issue. When the facts supported on one party of law, the law supported by the facts prevail. It is clear that when in times of conflict the law which is higher must depend on the facts and situation perse. Laws sometimes are source of confusion and conflicts. It maybe hard to understand but it is the law and we can’t do about it but in this topic jurisdiction and the substance of the fact is important in order to identify or understand the law the is proper to prevail on. In reality laws are made not on confusions but settlement. International law and municipal are supreme in their level and jurisdiction. Even if both other author favors to municipal law’s sovereignty concept or the other authors favor the world politics of international law it is the discretion of the facts and the new tread of laws must prevail. Laws are made in order to protect security among

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