We found a match
Your institution may have access to this item. Find your institution then sign in to continue.
- Title
التطبيق القضائي للمعاهدات الدوليّة غير المصادق عليها: تقنياتٌ جديدة.
- Authors
Abdellin, Sofiane
- Abstract
This study deals with the application of international treaties not ratified by the domestic courts of states. In its content, it focused on trying to research innovative new techniques by national judges in order to implement international treaties that were not ratified by their countries. The importance of the study is highlighted in that it deals with an important partial that has rarely been addressed in the contemporary international law literature, due to the relatively novelty of the idea on the one hand, and the limited application of it by a limited number of national courts on the other hand. The study aims, mainly, to monitor the practices and applications of the domestic courts for this idea, as well as an attempt to search for its legal basis and the most important techniques used by national judges in order to justify their resort to the implementation of international treaties not ratified by their countries. The study concluded that despite the discussion raised by scholars about the idea of judicial application of unratified international treaties, and the extent to which it affects the constitutional powers of the executive authority in the state and even the powers of the national legislator in the field of international treaty-making, we can rightly see that the judiciary is directed towards the generalization of this idea would enhance the supremacy of the international treaties, which would inevitably be reflected on the expansion and guarantee of the effectiveness of the rules of international law.
- Subjects
TREATIES; STATE power; EXECUTIVE power; JUDGES; LEGAL literature; DEVELOPING countries
- Publication
Malaysia Journal Syariah & Law, 2023, Vol 11, Issue 1, p30
- ISSN
1985-7454
- Publication type
Article
- DOI
10.33102/mjsl.vol11no1.337