Municipal law in the context of "Criminal code"

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⭐ Core Definition: Municipal law

Municipal law is the national, domestic, or internal law of a sovereign state and is defined in opposition to international law. It encompasses the laws enacted by national, state, or local governments and is concerned with regulating the behavior of individuals, corporations, and entities within the country. Municipal law includes various branches such as criminal law, private law, administrative law, and constitutional law. It is enforced by domestic courts and administrative bodies.

Municipal law is tailored to the unique needs, values, and circumstances of the specific political entity it governs. For instance, traffic regulations, criminal codes, and property laws are all examples of municipal laws that vary from one country to another.

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Municipal law in the context of Human rights

Human rights are universally recognized moral principles or norms that establish standards of human behavior and are often protected by both national and international laws. These rights are considered inherent and inalienable, meaning they belong to every individual simply by virtue of being human, regardless of characteristics like nationality, ethnicity, religion, or socio-economic status. They encompass a broad range of civil, political, economic, social, and cultural rights, such as the right to life, freedom of expression, protection against enslavement, and right to education.

While ideas related to human rights predate modernity, the modern concept of human rights gained significant prominence after World War II, particularly in response to the atrocities of the Holocaust, leading to the adoption of the Universal Declaration of Human Rights (UDHR) by the United Nations General Assembly in 1948. This document outlined a comprehensive framework of rights that countries are encouraged to protect, setting a global standard for human dignity, freedom, and justice. The Universal Declaration of Human Rights (UDHR) has since inspired numerous international treaties and national laws aimed at promoting and protecting human rights worldwide.

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Municipal law in the context of Discovery doctrine

The discovery doctrine, or doctrine of discovery, is a disputed interpretation of international law during the Age of Discovery, introduced into United States municipal law by the US Supreme Court Justice John Marshall in Johnson v. McIntosh (1823). In Marshall's formulation of the doctrine, discovery of territory previously unknown to Europeans gave the discovering nation title to that territory against all other European nations, and this title could be perfected by possession. A number of legal scholars have criticized Marshall's interpretation of the relevant international law. In recent decades, advocates for Indigenous rights have campaigned against the doctrine, which purportedly stemmed from some Papal bulls. In 2023, the Roman Curia of the Vatican formally repudiated the doctrine.

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Municipal law in the context of International legal system

The international legal system is the foundation for the conduct of international relations. It is this system that regulates state actions under international law. The principal subjects of international law are states, rather than individuals as they are under municipal law. The International Court of Justice acknowledged in the Reparation for Injuries case that types of international legal personality other than statehood could exist and that the past half century has seen a significant expansion of the subjects of international law. Apart from states, international legal personality is also possessed by international organisations and, in some circumstance, human beings. In addition, non-governmental organisations and national liberation movements have also been said to possess international legal personality.

Since 1945 the international legal system has been dominated by the United Nations and the structures that were established as part of that organisation. While the UN has been the object of significant criticism, it has nevertheless played a pivotal role both in the progressive development and codification of international law.

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Municipal law in the context of Concessions and leases in international relations

In international relations, a concession is a "synallagmatic act by which a State transfers the exercise of rights or functions proper to itself to a foreign private test which, in turn, participates in the performance of public functions and thus gains a privileged position vis-a-vis other private law subjects within the jurisdiction of the State concerned." International concessions are not defined in international law and do not generally fall under it. Rather, they are governed by the municipal law of the conceding state. There may, however, be a law of succession for such concessions, whereby the concession is continued even when the conceding state ceases to exist.

In international law, a lease is "an arrangement whereby territory is leased or pledged by the owner-State to another State. In such cases, sovereignty is, for the term of the lease, transferred to the lessee State." The term "international lease" is sometimes also used to describe any leasing of property by one state to another or to a foreign national, but the normal leasing of property, as in diplomatic premises, is governed by municipal, not international, law. Sometimes the term "quasi-international lease" is used for leases between states when less than full sovereignty over a territory is involved. A true international lease, or "political" lease, involves the transfer of sovereignty for a specified period of time. Although they may have the same character as cessions, the terminability of such leases is now fully accepted.

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