Domestic vs International Law
Understanding the distinction between domestic law and international law requires knowing what each term refers to. The terms ‘Domestic Law’ and ‘International Law’ are familiar, particularly for those involved in the legal field. ‘Domestic’ implies something local or home-grown, while ‘International’ signifies something global or beyond national or domestic boundaries. With this basic idea, let’s explore the exact definitions of the two terms.
What is Domestic Law?
Domestic Law is commonly defined as the internal law of a nation. It is also known as Municipal Law or National Law and consists of the law governing the behavior and conduct of individuals and organizations within a country. Domestic Law includes local laws and rules, such as those governing towns, cities, districts, or provinces within a country.
The unique feature of Domestic Law is its enforcement method. It is generally enforced through the three main mechanisms of a state: the legislature, executive, and judiciary. The legislature enacts the law, while the judiciary ensures compliance by imposing sanctions for non-compliance. In simple terms, those who do not obey or comply with Domestic Law will be punished according to the law by a court or judicial body. Domestic Law is mostly comprised of Statutes or Acts of Parliament and also includes accepted customs.
What is International Law?
International Law generally refers to a set of rules that govern the relations between nations. If Domestic Law governs the behavior of individuals within a state, International Law governs the behavior and conduct of states. International Law acts as the fundamental framework within which states and other international actors conduct their international relations. The key feature of International Law is that it is a body of law recognized and accepted by nations as binding on their relations with other nations. Unlike Domestic Law, it is not enacted by a legislative body. Instead, International Law is composed of treaties, agreements, conventions, accords, protocols, judicial decisions, and customs. Among these, treaties and conventions constitute the primary components of International Law that govern relations between nations and other international actors.
In contrast to Domestic Law, the enforcement of International Law is generally based on the consent and acceptance of states. Thus, a nation can choose not to accept and comply with the rules of a convention or treaty. However, in practice, states are often under obligation to comply with certain rules in International law such as customs and peremptory norms. It is important to note that International Law also has a judicial body in the form of the International Court of Justice. However, unlike courts within a nation, the International Court of Justice resolves disputes or issues between states. It does not impose punishment in the same manner as courts under Domestic Law. International Law has today expanded to include rules that govern the rights and obligations between individuals and organizations of nations, also known as Private International Law. Thus, rules governing the relations between states typically fall within the purview or discipline of Public International Law.
Key Takeaways
- Domestic Law governs the behavior and conduct of individuals within a nation, while International Law governs the conduct and behavior of nations in the international system and serves as a vital structure that guides the foreign relations of nations.
- Domestic Law is created, enacted, and adjudicated by the three main organs of the nation: the legislature, executive, and judiciary. In contrast, International Law is not created by any specific body; instead, it is made up of treaties, conventions, customs, peremptory norms, and other formal agreements between states.
- Violation of Domestic Law entails serious consequences such as punishment. However, in the case of International Law, states can choose to ratify or refrain from ratifying and accepting certain rules in the form of treaties or conventions.
