Monism Theory
This issue is centered between Monism and Dualism Theory. These two theories contradict in terms of application and understanding between International Law and Municipal Law. For the Monism theory, there is a union between International Law and Municipal Law and it asserts that International Law is automatically affects the Domestic Law of a country. According also in this theory, International Law prevails over Municipal Law because this theory asserts that Municipal Law is considered weak if it does not conform to the provisions of International Law.
On the other hand is the Dualism Theory that negates Monism Theory. For this theory, International Law and Municipal Law is totally distinct and separate from each other.
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Allow me to put some political theory in this paper. According to Machiavelli” the absence of sound law assures the absence of sound military, while the presence of sound military assures the presence of sound laws”. This quoted statement has been accepted by the many as a best way to preserve order which was one of the center objectives of International Law. In the dispute over West Philippine Sea or South China Sea, the decision is rendered in favor to Philippines. But China stood firm in the premise of Spratly. It did not accept the jurisdiction of ICJ to hear this case. In this scenario, China should be liable. But is there any super body that can enforce strict compliance to China? No. It is very different if we commit violations to other country, we see patrol police and etc. How about China committing violation under International Law, is there any that will arrest China? None, but only through the use force. Now if this is the case Municipal prevails over International Law and should prevail over International Law because International Law lacks the sound military power as what Machiavelli said as a foundation of an orderly
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