Difference Between Domestic and International Law

Domestic vs International Law

Identifying the difference between domestic law and international law is relatively simple, if you understand what each term refers to. In deed, the terms ‘Domestic Law’ and ‘International Law’ are not unfamiliar to many of us, particularly those of us acquainted with the field of law. The term ‘Domestic’ suggests something that is local or home-grown. On the other hand, the term ‘International’ is easily understood to mean something that is global or something that goes beyond national or domestic boundaries. With this basic idea in mind, let us take a closer look at the exact definitions of the two terms.

What is Domestic Law?

Domestic Law is generally defined to mean the internal law of a nation. It is also referred to asMunicipal Law或者National Law并包括法律管理一个国家内的个人和组织的行为和行为。Domestic Law includes local laws and rules, such as those that govern towns, cities, districts or provinces within a country.

The distinct feature of Domestic Law is its method of enforcement. It is typically enforced through the three main mechanisms of a state, namely the legislature, executive and the judiciary. The legislature enacts the law while the judiciary ensures compliance by imposing制裁for non-compliance. Simply put, those who do not obey or comply with Domestic Law will be punished in accordance with the law by a court or judicial body. Domestic Law is mostly comprised of Statutes or Acts of Parliament and also includes accepted customs.

什么是国际法？

Generally, International Law refers to a body of rules that管理国家之间的关系。If Domestic Law governs the behaviour of individuals within a state, International Law控制国家的行为和行为。International Law serves as the fundamental structure 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 that is recognised 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 oftreaties,agreements,公约，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. Keep in mind that International Law too 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 asPrivate International Law。因此，管理国家之间关系的规则通常属于权限或纪律公共国际法。

What is the difference between Domestic and International Law?

• Domestic Law governs the behaviour and conduct of individuals within a nation.

• International Law governs the conduct and behaviour of nations in the international system. It also 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, namely, the legislature, executive and the judiciary.

•相反，国际法不是由任何特定机构创建的。相反，它由国家之间的条约，惯例，习俗，强制性规范和其他正式协议组成。

•违反国内法会带来严重的后果，例如惩罚。但是，就国际法而言，各州可以选择批准或避免以条约或公约的形式批准和接受​​某些规则。

图像提供：

1. 奥巴马总统签署医疗保健法案by基思·埃里森(CC由2.0）通过Wikimedia Commons
2. 国际正义法院e via Wikicommons (Public Domain)