Reorganizing Dynamism


By M.C. Linthoingambee

All of us contend over everything. I for one take minutes and minutes to choose which nail polish is better while others might say, “It’s the same shade, just take it”. We cannot help it; we have all contended over which phone handset would be better, which brand would be better, which books should be on my rack, and which clothes should I wear. We are all one and the same. There is news after news and it goes on which might or might not appeal to our better nature. I wonder which of the two is better in judging fronts. If I sit down watching a boxing match, one might even say to my right in the red corner is International Law and to my left in the blue corner is the Municipal Law. That would be weird but this is exactly what I am here to contend over. If we really had to compare over which one would prevail over the other there is no real answer. International Law is the body of rules at large which govern the states ( i,e, the countries) and other organizations in the International arena whilst trying to establish world peace, stability and order. This is just a short guideline although I reckon the once existing eminent jurists would contend over the best ways to explain what it is to you considering each and every one of them made up their own definitions from time to time. It has evolved over the years. There are many who have not even heard must lest know of the International Court of Justice (ICJ) located at the Peace Palace, The Hague, Netherlands wherein lies the suburb of some International Organizations like the United Nation Offices. For example: There also exists a book of records which is like a Holy Bible which is the United Nations Charter which defines everything of what the world can or cannot do.

On the other hand, the Municipal Law being laws of the land has done much more incomparable things for its citizens. They are national law like if we refer ourselves to India, we would be taking in the Constitution of India as the father and the existing legislations in India as the children. The Supreme Court is granted with the greatest power to hear whatever mishaps happen and when a suit of grave importance come into birth. If someone, say from our country, went to the United States of America and married a woman from say, Saudi Arabia and thereafter they had a divorce and have to decide on who would bear custody of their only child they have, they would be decided by the International Laws if they have not already become citizens of the US. This is the field touched by Private International Laws. When we talk about how big the International Law really is, it still needs an ample of empirical research regarding various aspects so that they may be bought out to light. If suddenly someone walked out and stepped in one of the old war mines and if an explosive debris exploded, there would be ample of reasons for the ICJ to bring in the matters related to the International Humanitarian Law. With the thousands of Syrian refugees piling up, the aid which was first received on the onset is now going behind doors and neighboring countries have begun to shut their borders to these refugees. Now they are on the verge of starvation and when we are hunger deprived there is no sure solution to achieving the stability that is being sought. In case of a failure of an air shuttle causing an explosion in airspace thereby causing the loss of some valuable astronauts, reports and investigations shall be conversed under the familiarity of the International Space Law. International Law is ever evolving, which is why, it is often referred to as being dynamic and widely accepted to avoid injustice.

We learn and avoid from history. In India the infamous system of Sati, which roamed freely once is now in real extinction though there are events of dowry deaths in the modern society and many women still fall victim. This is where the municipal law is strongest in deciding over leading precedents and deciding the faith of a wrong doer. The recent Supreme Court judgment about limiting the supply of acid to certified buyers has bought a new light for victims of acid attacks who have long suffered great humiliation and mental distress.

On the national front, the legal ambit given to bar dancing would seem appropriate even as various sections of the society are up in arms against the move. All these conflicting views are dealt in the circumference of the municipal laws . And if there ever occurs a dispute between the two, there are certain theories in law to decide who wins.

(M.C. Linthoingambee is an undergraduate pursuing B.Com. LL.B(H). An avid blogger, poet, a seasonal artist and a foodie, she is also a life member to the Indian Society of the Red Cross.)


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