M/s Najib Zarab Ltd vs. The Government of Pakistan, PLD 1993 Karachi 93

Petitioners, in the course of their business, placed orders for import of tires of Indian origin for use and consumption in Afghanistan. The importation was not completed, however, because the Customs Authorities at Karachi refused clearance of the consignments based on letters/orders issued by the revenue authorities, purportedly to stop smuggling back into Pakistan of tires going to Afghanistan in transit. Petitioners thus prayed to quash the letters/orders. The respondents raised that the issue should have been considered because of the Afghan Transit Trade Agreement between the governments of Pakistan and Afghanistan. Thus, the issue arose, among others, on whether international law is, of its own force, drawn into the law of the land without the aid of municipal law. The Pakistan court concluded the community of nations requires that rules of international law may be accommodated in the municipal law even without express legislative sanction provided they do not run into conflict with the Acts of the Parliament. The court said that nations must march with the international community and municipal law must respect the rules of international law, even as nations respect international opinion.

The court also noted, however, that in case of conflict between municipal law and principles of international law, the latter must yield. Nevertheless, courts are under an obligation within legitimate limits, to interpret municipal statute to avoid confrontation with the comity of nations or the well-established principle of international law.