Definition: Municipal law, also known as domestic law, refers to the body of laws that governs the internal affairs of a specific state. It is created by the legislative authority of a country and applies exclusively within that nation's borders. Municipal law regulates the conduct of individuals and organizations within the state and ensures the proper functioning of the government and its institutions.

Scope:

• Municipal law includes various areas such as constitutional law, administrative law, criminal law, and civil law.

• It governs relationships between individuals, as well as relationships between individuals and the state.

Authority:

• The legislature is the main body responsible for enacting municipal laws.

• Courts interpret and enforce these laws within the boundaries of the state.

Example in Malaysia:

• The Constitution of Malaysia is a prime example of municipal law. It serves as the supreme law of the land, outlining the structure of the government, the rights of individuals, and the division of powers between the federal and state governments.

• Other municipal laws include statutes like the Penal Code (criminal law), the Contracts Act 1950 (private law), and employment regulations like the Employment Act 1955.

Characteristics:

• Territorial Application: Municipal laws apply only within the country’s territorial jurisdiction and to its citizens abroad in certain cases.

• Enforcement: The state has the authority to enforce municipal laws through its judiciary, police, and other institutions.

• Dynamic Nature: These laws evolve to address changes in society, economics, and technology.

Comparison with International Law: Unlike municipal law, which applies within a specific state, international law governs relations between states and is based on agreements, treaties, and customs rather than legislative acts.

Definition: International law refers to the set of rules, agreements, and customs that govern relationships and interactions between sovereign states, international organizations, and in some cases, individuals. It aims to promote peace, cooperation, and order in the global community.

Scope:

• International law regulates diplomatic relations, trade agreements, environmental standards, human rights, and war conduct.

• It applies across borders and is recognized by states that consent to be bound by it through treaties or customs.

Sources of International Law:

1. Treaties and Conventions: Formal agreements between nations that outline specific obligations. Examples include:

   • The Universal Declaration of Human Rights (UDHR), which sets out fundamental human rights standards.

   • The Geneva Conventions, which establish laws of war and humanitarian protections.

2. International Customs: Practices and traditions consistently followed by states with a sense of legal obligation.

3. General Principles of Law: Foundational legal principles common to major legal systems worldwide.

4. Judicial Decisions and Scholarly Writings: Secondary sources that clarify and interpret international law.

5. International Organizations: Institutions like the United Nations (UN) and the International Court of Justice (ICJ) contribute to creating, enforcing, and interpreting international laws.

Characteristics:

• Voluntary Participation: Unlike municipal law, adherence to international law often depends on a nation's willingness to comply, though enforcement mechanisms like sanctions exist.

• Sovereign Equality: All nations, regardless of size or power, are considered equal under international law.

• Universal Standards: Many international laws aim to create universally applicable norms, such as human rights protections.

Examples of International Law:

• Universal Declaration of Human Rights (UDHR): Promotes equality, freedom, and dignity for all individuals globally.

• African Charter on Human and Peoples’ Rights: Focuses on the rights and duties of African states and individuals.

• Kyoto Protocol and Paris Agreement: Aim to combat climate change through international cooperation.

Comparison with Municipal Law:

• Municipal law governs internal affairs within a state, whereas international law governs relationships between states.

• Enforcement of municipal law is backed by state authority, while international law relies on mutual consent and collective mechanisms.