International law and municipal Law are two legal systems. Municipal Law is the law specific to a particular city or country and the government bodies within those cities or countries. This can cover a wide range of issues, including everything from eminent domain, power of taxation and police power. It also concerns to the relation among the authorities and individual inside the institution. International law is traditionally defined as the law between sovereign nation-states, hereinafter, states, especially within the context of the laws of war, peace and security, and protection of territories. And its main objective based on the preamble of United Nation preamble "to establish conditions under which justice and respect for the obligations arising from treaties and other sources of international law can be maintained".
But the dilemma arises which should prevail, municipal law or international law? Base on the book of Malanczuk, Brownlie, Shaw, Bledsoe & Boczek there are two theories the first one is the dualist theory which International law and municipal law are considered two separate legal systems which exist independently of each other. Each of these two systems regulates different subject matters, function on different levels, and each is dominant in its subject. While the other one is
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And in this the Philippine municipal law adopt the theory of dualist which the constitution still the prevailing law but in sec. 2 of the constitution it will adopt the generally accepted principles of international law especially those law concerning in treaties and rules decided by the international court of