Self-Executing Treaties and the Impact of International Law on National Legal Systems: A Research Guide

1998 ◽  
Vol 26 (1-3) ◽  
pp. 56-159
Author(s):  
Jean-Marie Henckaerts
Keyword(s):  
International Law ◽  
Ad Hoc ◽  
Legal Order ◽  
Legal Systems ◽  
International Treaties ◽  
National Legislation ◽  
Legal Question ◽  
The World ◽  
The Impact ◽  
National Legislature

The effects of international law on the domestic legal order of the various countries of the world are manifold and so are the issues covered in this bibliography. In some countries, some international treaties or treaty provisions can be invoked before and applied by national judges. These are the so-called self-executing treaties or treaty provisions. Whether treaties are self-executing is a domestic legal question for national judges to decide on an ad hoc basis. In other countries, no treaty can be applied by a national judge unless it has been transformed into national legislation by an act of the national legislature. The concept of self-executing treaties has much less significance in these countries. This difference relates to two theories of international law known as monism and dualism. Under these theories, the international and domestic legal order are considered as one indivisible hierarchy or as two separate hierarchies respectively.

scholarly journals “Judicial Convention” as a New Stage in the Recognition and Enforcement of Foreign Judgments

Lex Russica ◽  
2019 ◽  
pp. 84-103
Author(s):  
O. F. Zasemkova
Keyword(s):  
International Law ◽  
Private International Law ◽  
International Treaties ◽  
Draft Convention ◽  
The Usa ◽  
Recognition And Enforcement ◽  
The Russian Federation ◽  
The Hague ◽  
The Impact ◽  
The Eu

In May 2018, at the 4th and final meeting of the Special Commission of the Hague Conference on Private International Law, the draft Convention on the Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters that had been developed since 1992 was represented. It is expected that after the Diplomatic Session that will be held in the mid-2019 the draft will be finalized and the Convention will be adopted and opened for signature.In this regard, the article attempts to analyze the main provisions of the draft Convention and assess the appropriateness for the Russian Federation to access it, taking into account the fact that Russia has a limited number of international treaties permitting recognition and enforcement of foreign judgments in Russia and decisions of Russian courts abroad. Based on the results of the analysis, the author concludes that the adoption of this Convention will provide for a simple and effective basis for the recognition and enforcement of foreign judgments eligible for States with different legal, social and economic circumstances. This, in turn, will increase the practical value of court decisions ensuring the most comprehensive protection of the rights and interests of the party in whose favour the decision has been made and, as a consequence, will contribute to the attractiveness of this method of dispute resolution for parties involved in cross-border private law relations.However, the mixed attitudes of the EU and the USA to the Draft Convention raises the question of their accession to the future Convention and may significantly reduce the impact of the adoption of the document under consideration.

Human Rights

2005 ◽  
Author(s):  
Keith Ewing
Keyword(s):  
Human Rights ◽  
International Law ◽  
Constitutional Law ◽  
Legal Systems ◽  
International Treaties ◽  
Municipal Law

This article begins with a brief discussion of what human rights are. It then considers the international treaties which have emerged to protect human rights in national legal systems, focusing on aspects of the scholarship which has developed alongside the cascade of these rights from international law to constitutional law to ordinary municipal law. This is a process which has been controversial as human rights and democracy are seen by some to be mutually dependent, but by others to be engaged in an abrasive struggle for superiority on the battleground of ideas.

COLLODIZING LINKS IN PRIVATE INTERNATIONAL LAW

2021 ◽  
pp. 19-21
Author(s):  
Н.Д. Эриашвили ◽  
Г.М. Сарбаев ◽  
В.И. Федулов
Keyword(s):  
International Law ◽  
Present Article ◽  
Russian Federation ◽  
Legal Regulation ◽  
Private International Law ◽  
International Treaties ◽  
Public Interests ◽  
National Legislation ◽  
The Public ◽  
The Russian Federation

В представленной статье рассмотрены проблемы коллодирующих привязок в международном частном праве и особенности их правовой регламентации в законодательстве Российской Федерации. Автором проанализированы особенности нормативного закрепления данного типа привязок в системе международных договоров, а также механизм имплементации этих норм в национальном законодательстве различных государств. На основе сложившейся практики применения коллодирующих привязок национальными органами государственной власти обоснована необходимость учета публичных интересов государства в данных правоотношениях. The present article examines the problems of collodizing links in private international law and the peculiarities of their legal regulation in the legislation of the Russian Federation. The author analyzed the peculiarities of this type of binding in the system of international treaties, as well as the mechanism for implementing these norms in the national legislation of various states. On the basis of the established practice of applying collodial links by national authorities, the need to take into account the public interests of the State in these legal relations is justified.

2. Legal systems and sources of law

2020 ◽  
pp. 35-70
Author(s):  
Scott Slorach ◽  
Judith Embley ◽  
Peter Goodchild ◽  
Catherine Shephard
Keyword(s):  
International Law ◽  
Common Law ◽  
Civil Law ◽  
Case Law ◽  
Potential Effect ◽  
Legal Systems ◽  
Public And Private ◽  
England And Wales ◽  
The World ◽  
The Status

This chapter focuses on the sources of law in England & Wales, and is organised as follows. Section 2.1 describes the key jurisdictions relevant to lawyers in England and Wales. Section 2.2 deals with the issue of where the law comes from: sources of law. Section 2.3 reviews the development of the two ‘traditional’ sources of law in England and Wales: case law and statutes. Sections 2.4 and 2.5 consider the status and operation of EU and international law, including the potential effect of Brexit. Section 2.7 goes on to discuss public and private law, common law, and civil law, and other classifications used by lawyers. This is followed by a discussion of legal systems and their cultures across the world.

Demilitarizing Palestine

2019 ◽  
pp. 191-206
Author(s):  
Louis René Beres
Keyword(s):  
International Law ◽  
Prime Minister ◽  
World System ◽  
Legal Order ◽  
Self Defense ◽  
System P ◽  
The World ◽  
National Leaders

In principle, at least, Israeli Prime Minister Benjamin Netanyahu has made his country’s acceptance of Palestinian statehood contingent upon prior Palestinian “demilitarization.” This expressed contingency, however, is potentially contrary to pertinent international law, especially those norms regarding any sovereign state’s peremptory rights to self-defense. It follows, as this article will clarify, that potentially a new Palestinian state could permissibly abrogate any pre-independence commitments it had once made to remain demilitarized, and that reciprocally Israel ought never base its related security expectations upon any such mutable diplomatic promises. Ultimately most important, as the article concludes, is that national leaders all over the world finally begin to take seriously the organic “oneness” of our world legal order, and accordingly look toward identifying some promisingly coherent replacements for our time-dishonored Realpolitik or “Westphalian” world system.

scholarly journals International Trade and Development Law: A Legal Cultural Critique

2011 ◽  
Vol 4 (2) ◽  
Author(s):  
Colin Picker
Keyword(s):  
International Trade ◽  
International Law ◽  
International Development ◽  
Effective Interaction ◽  
Legal Culture ◽  
Cultural Critique ◽  
Legal Systems ◽  
Legal Traditions ◽  
The World

To the extent that international trade and development policy employs legal methods, institutions and participants, there is a need to take into account the role of legal culture. There are many different legal cultures in the world, including the widely found common and civil law traditions, as well as the many non-western legal traditions and sub-traditions found within the hundreds of different legal systems spread across the globe. International law has, however, traditionally eschewed consideration of legal culture—arguing that international law is unique, is sui generis, and as such domestic legal traditions were not relevant. Yet, the humans involved in creating and nurturing international legal fields and institutions will themselves reflect the legal culture of their home states, and will often import aspects of those legal cultures into international law. The same must be true of international development law. In addition, international legal fields, such as international development law, must often work within domestic legal systems, and as such they will directly interact with the domestic legal traditions. It is thus important to understand the interaction between the legal cultures reflected in the relevant part of that international law and in that of the domestic legal system. Such an understanding can be useful in ensuring the effective interaction of the two systems. This paper explores these themes, continuing the author’s past and ongoing consideration of the role of legal culture in international law, including its role within institutions such as the World Trade Organization.

Legislating from a Radical Hague: The United Nations Special Tribunal for Lebanon Invents an International Crime of Transnational Terrorism

2011 ◽  
Vol 24 (3) ◽  
pp. 677-700 ◽  
Author(s):  
BEN SAUL
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Law ◽  
International Crime ◽  
Domestic Terrorism ◽  
Public Confidence ◽  
International Treaties ◽  
Transnational Terrorism ◽  
National Legislation ◽  
Judicial Decisions

AbstractIn 2011, the Appeals Chamber of the UN Special Tribunal for Lebanon purported to identify a customary international crime of transnational terrorism and applied it in interpreting domestic terrorism offences under Lebanese law. This article argues that the Tribunal's decision was incorrect because all the sources of custom relied upon by the Appeals Chamber – national legislation, judicial decisions, regional and international treaties, and UN resolutions – were misinterpreted, exaggerated, or erroneously applied. The Tribunal's laissez-faire attitude towards custom formation jeopardizes the freedom from retrospective criminal punishment, subjugating the human rights of potential defendants to the Tribunal's own moralizing conception of what the law ought to be. The decision is not good for international law or public confidence in its institutions and processes.

scholarly journals War and International Adjudication: Reflections on the 1899 Peace Conference

2000 ◽  
Vol 94 (1) ◽  
pp. 4-30 ◽  
Author(s):  
David D. Caron
Keyword(s):  
Nineteenth Century ◽  
International Law ◽  
Ethical Theory ◽  
Ad Hoc ◽  
International Peace ◽  
International Court ◽  
The World ◽  
Peace And Security ◽  
Hans Kelsen ◽  
International Adjudication

In fact, the first organized communities of international law . . . are organizations the function of which is to settle conflicts.Hans KelsenBut here we shall note the recurrence of a paradox . . . . Where practice is least ethical, theory becomes most Utopian.Edward Hallett CarrThe belief that a world free of war might be possible, be more than simply a dream, is a relatively recent phenomenon. In earlier times, war—like disease—was a part of life. There existed then a fatalism about war that no doubt persists in many parts of the world today. During the nineteenth century, however, parts of the world developed a confidence in progress and a hope that progress might extend to the abolition of war. Most importantly for this essay, a popular belief circulated at the e nd of the century that the establishment of a permanent international court would be an important step toward a world free of war. Ad hoc arbitration, as distinct from adjudication by such a permanent court, was not the same and, by itself, not enough. The 1899 Peace Conference was a point of inflection, a turn in the river, in the effort to move beyond ad hoc international arbitration to adjudication by a permanent international court as a means to avoid war a nd preserve international peace and security.

The Development of International Law Since the War

1928 ◽  
Vol 22 (2) ◽  
pp. 330-350 ◽  
Author(s):  
Manley O. Hudson
Keyword(s):  
International Law ◽  
Legal Order ◽  
World War ◽  
The World ◽  
International Legal Order ◽  
The Law ◽  
Made In

We are now approaching the end of the first decade following the World War. Perhaps we are sufficiently removed from the heat and passion of that struggle to attempt to gauge the progress which the world has made in the development of international law since it was ended. Ten years is a brief period in any field of history; but before this decade was begun, most of us felt that it was going to see great things accomplished toward broadening and strengthening and extending the law by which the relations of states are governed. The war brought a challenge to our international legal order which could hardly have failed to create for our generation an opportunity to leave an impression on international law, such as has been left by no other generation in the three hundred years since the time of Grotius. As the decade is ending, and as our generation begins to find its energies so absorbed in other tasks, an appraisal of the progress we have achieved may enable us to judge the use we have made of our opportunity and the extent to which it still exists.

scholarly journals Monograph – <i>The COVID-19 pandemic in Spain</i>

2021 ◽  
Vol 4 ◽  
pp. 1-8
Author(s):  
Andrés Arístegui ◽  
Francisco Sánchez
Keyword(s):  
European Union ◽  
Ad Hoc ◽  
The European Union ◽  
First Semester ◽  
National Geographic ◽  
The World ◽  
Thematic Mapping ◽  
The Impact ◽  
First Time ◽  
Official Data

Abstract. The Department of Thematic Mapping and National Atlas at the National Geographic Institute of Spain (IGN) has published a monograph on the first wave of the COVID-19 pandemic. The time studied is limited to the first half of 2020 which is the period for which official data are now available. However, for the first time, provisional –non definitive– data have been used. This publication begins with an overview of the impact of this crisis on the world in general and on the European Union in particular. It then focuses on the effects that the pandemic has had on demography and on the National Health Service in Spain. It ends with the consequences that the pandemic has had on the Spanish economy, society and environment. This work has been carried out together with an ad-hoc scientific network. It is the first publication of the Department that has been written both in Spanish and in English with the aim of providing the rest of the world with a geographic-cartographic vision on what has happened in Spain within the frame of the European Union during the first semester of 2020.

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