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tional law regulates law between sovereign states whilst municipal law applies solely within a state and regulates the relationship between the citizens of a state and its executive. [11] This theory was espoused particularly by the German jurist Heinrich Triepel, who argued that in case of conflict between municipal and international law, a court would apply municipal law. [12]

 

On the other hand, monism was espoused by jurists who believed in the supremacy of international law even within the municipal sphere. International law is seen as the best available moderator of human affairs, and a logical condition of the legal existence of states. [13]

 

However, these theories were criticized on the basis that they hold conflicting views with the way that international courts ought to behave.

 

Nevertheless, a state cannot refrain from its international obligations citing municipal law, as provided in Article 27 of the Vienna Convention which states that ‘A party may not invoke the provisions of its internal law as justification for its failure to perform a treaty’. [14]

 

Municipal law is also relevant in international law as has been demonstrated in numerous cases. In fact, many instances in international law require concordance with municipal law to function correctly, such as in cases related to extradition and protection of human rights, as well as treaties.

 

Municipal law is important to such an extent that it can be used to determine cases in international tribunals. In the Serbian Loans Case [15] , the Permanent Court considered whether it had jurisdiction under its statute in a case where the point at issue was a question which had to be decided by the application of municipal law. It concluded that the duty of the Court was to exercise jurisdiction when two states agree to have recourse to the Court. The Court weighted the case and decided to apply Serbian law in this case.

 

The role of municipal law in international law was closely examined in the case concerning Certain German Interests in Polish Upper Silesia. [16] In this case, the Court observed that it was not called upon to interpret Polish law, but there was nothing to prevent the Court from judging whether Poland was acting in conformity with the Geneva Convention. Brownlie states that this statement indicates that municipal law can be considered as something which can create international responsibility. The general proposition is that international tribunals can take account of municipal laws only as facts to further discussion. [17]

 

Brownlie also states that in the practice of the International Court and other international tribunals the concept of ‘municipal law as mere facts’ had six distinct aspects [18] . These aspects are:

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