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Municipal law is the national, domestic, or internal law of a sovereign state and is defined in opposition to international law. It encompasses the laws enacted by national, state, or local governments and is concerned with regulating the behavior of individuals, corporations, and entities within the country. Municipal law includes various branches such as criminal law, private law, administrative law, and constitutional law. It is enforced by domestic courts and administrative bodies.

Municipal law is tailored to the unique needs, values, and circumstances of the specific political entity it governs. For instance, traffic regulations, criminal codes, and property laws are all examples of municipal laws that vary from one country to another.

Key differences between municipal and international law

Scope and jurisdiction: Municipal law applies within a specific country, while international law applies to relations between states and international entities.
Sources of law: Municipal law is derived from a country's constitution, statutes, regulations, and case law. International law is based on treaties, international agreements, and customary international law.
Enforcement: Municipal law is enforced by domestic legal and administrative institutions. International law relies on international bodies, diplomatic efforts, and mutual consent for enforcement.
Focus: Municipal law addresses internal matters of a state, including criminal justice, civil disputes, and regulatory issues. International law deals with issues such as diplomatic relations, trade agreements, and global security.

Article 27 of the Vienna Convention on the Law of Treaties from 1969 provides that if a treaty conflicts with a state's municipal law (including the state's constitution), the state is still obliged to meet its obligations under the treaty. The only exception is provided by Article 46 of the Vienna Convention if a state's expression of consent to be bound by a treaty was a manifest violation of a "rule of its internal law of fundamental importance".^[1]

Sources

Reydams, Luc Universal Jurisdiction: International and Municipal Legal Perspectives, (Oxford Monographs in International Law), (Oxford University Press, 2004) ISBN 978-0-19-927426-0.
Paolo Davide Farah e Piercarlo Rossi, "National Energy Policies and Energy Security in the Context of Climate Change and Global Environmental Risks: A Theoretical Framework for Reconciling Domestic and International Law Through a Multiscalar and Multilevel Approach", European Energy and Environmental Law Review (EEELR), Kluwer Law International, Vol. 20, No. 6, pp. 232–244, 2011.

References

^ The Vienna Convention on the Law of Treaties. Accessed 8 February 2007.

This article related to international law is a stub. You can help Wikipedia by expanding it.

[1] The Vienna Convention on the Law of Treaties. Accessed 8 February 2007.

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+{{Short description|Area of law}}
-Municipal law is an [[international law]] term used to denote the national, domestic, or internal [[law]] of a [[Sovereignty|sovereign]] [[state]].<ref>Luc Reydams [#References|References]</ref>
+{{About|a [[term of art]] relating to [[international law]]|laws governing [[municipalities]]|local ordinance}}
+{{one source|date=February 2015}}
-Municipal law includes not only law at the national level, but law at the state, provincial, territorial, regional or local levels.  While, as far as the law of the state is concerned, these may be distinct categories of law, international law is largely uninterested in this distinction and treats them all as one.  Similarly, international law makes no distinction between the ordinary law of the state and its [[constitutional law]].
+'''Municipal law''' is the national, domestic, or internal [[law]] of a [[sovereignty|sovereign]] [[sovereign state|state]] and is defined in opposition to [[international law]]. It encompasses the laws enacted by national, [[State government|state]], or [[local government]]s and is concerned with regulating the behavior of individuals, corporations, and entities within the country. Municipal law includes various branches such as [[criminal law]], [[private law]], [[administrative law]], and [[constitutional law]]. It is enforced by domestic courts and administrative bodies.
+Municipal law is tailored to the unique needs, values, and circumstances of the specific political entity it governs. For instance, traffic regulations, [[criminal code]]s, and [[property law]]s are all examples of municipal laws that vary from one country to another.
-==Early modern English versus American views==
+== Key differences between municipal and international law ==
-[[Sir William Blackstone]], the English jurist and professor, defined municipal law as: "A rule of civil conduct, prescribed by the supreme power of the state, commanding what is right and prohibiting what is wrong." (Commentaries, 44.) However, the definition is not without controversy. [[James Wilson]], American Founder Father and Supreme Court Justice, in his 1790 lecture ''On municipal law'' at the University of Pennsylvania states: “I think, therefore, I may now venture to say, that both in his definition of municipal law, and in his opinion concerning the convertibility of the legislative and the sovereign authority, Sir William Blackstone stands unsupported by authority. Is he supported by reason and by principle? By neither, in my humble opinion.” (Lectures I, v.) Since Blackstone was both widely and deeply read by the Founding generation in America, the controversy is of some importance. Despite the fact that Wilson's contrary stance may have contributed to his loss of historical footing, one may profit or gain a solid understanding of the classical view concerning municipal law by consideration of the view of each or by contrasting that of both.
+* '''Scope and jurisdiction:''' Municipal law applies within a specific country, while international law applies to [[International relations|relations between states and international entities]].
+* '''Sources of law''': Municipal law is derived from a country's [[constitution]], [[statute]]s, [[regulation]]s, and [[case law]]. International law is based on [[treaty|treaties]], international agreements, and customary international law.
+* '''Enforcement''': Municipal law is enforced by domestic legal and administrative institutions. International law relies on international bodies, diplomatic efforts, and mutual consent for enforcement.
+* '''Focus''': Municipal law addresses internal matters of a state, including criminal justice, civil disputes, and regulatory issues. International law deals with issues such as diplomatic relations, trade agreements, and global security.
+Article 27 of the [[Vienna Convention on the Law of Treaties|Vienna Convention on the Law of Treaties from 1969]] provides that if a treaty conflicts with a state's municipal law (including the state's constitution), the state is still obliged to meet its obligations under the treaty. The only exception is provided by Article 46 of the Vienna Convention if a state's expression of consent to be bound by a treaty was a manifest violation of a "rule of its internal law of fundamental importance".<ref>[[s:Vienna Convention on the Law of Treaties#SECTION 2. INVALIDITY OF TREATIES|The Vienna Convention on the Law of Treaties]]. Accessed 8 February 2007.</ref>
-==Conflicts between municipal law and international law==
+==Sources==
-States sometimes attempt to argue that they should be excused from international legal obligations on the grounds that their constitutions do not permit them to fulfill them, or that the fulfillment of them is the responsibility of local jurisdictions over which international law does not control (see [[LaGrand case]]).
+* [[Luc Reydams|Reydams, Luc]] ''Universal Jurisdiction: International and Municipal Legal Perspectives'', (Oxford Monographs in International Law), (Oxford University Press, 2004) {{ISBN|978-0-19-927426-0}}.
+* Paolo Davide Farah e Piercarlo Rossi, "National Energy Policies and Energy Security in the Context of Climate Change and Global Environmental Risks: A Theoretical Framework for Reconciling Domestic and International Law Through a Multiscalar and Multilevel Approach", European Energy and Environmental Law Review (EEELR), Kluwer Law International, Vol. 20, No. 6, pp.&nbsp;232–244, 2011.
-However, Article 27 of the [[Vienna Convention on the Law of Treaties]] provides that, where a [[treaty]] conflicts with a state's municipal law (including the state's constitution), the state is still obliged to meet its obligations under the treaty.  Article 46 of the Vienna Convention provides a single exception, where a state's expression of consent to be bound by a treaty was a manifest violation of a “rule of its internal law of fundamental importance”.<ref>[http://web.archive.org/web/20050208040137/http://www.un.org/law/ilc/texts/treatfra.htm The Vienna Convention on the Law of Treaties].  Accessed 8 February 2007.</ref>
 ==References==
+{{Reflist}}
-{{Unreferenced|article|date=February 2007}}
-*Luc Reydams ''Universal Jurisdiction: International and Municipal Legal Perspectives'', (Oxford Monographs in International Law), Oxford University Press (Paperback 2004) ISBN 978-0199274260.
+{{Authority control}}
-==Footnotes==
-<div class="references-small">
-<references/>
-</div>
 [[Category:International law|*]]
+[[Category:Legislative legal terminology]]
+[[Category:International law legal terminology]]

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