آليات توطين المعاهدات الدولية في القوانين الوطنية

الملخص EN

International agreements have a prominent role within the framework of private international law, as they either aim to unify the rules of attribution related to a particular issue, or they include material rules with the aim of applying them directly to the subject they are dealing with.

For this reason, jurists of international law have developed two basic theories to determine the relationship of international law with internal law, which are the theory of duality of the two laws and the theory of the unity of the two laws.

International arbitration cases before it.

Most countries have resolved the issue of the conflict between international treaties and national law by stipulating in their constitutions that international treaties are of the rank of the constitution, and other countries have considered international treaties with the rank of internal legislation, but some countries have kept their constitutions silent about stating the rank of international treaties in relation to national law.

The legal system is the set of international procedures and rules governing the conclusion of treaties, especially those stipulated in the Vienna Convention on the Law of Treaties.

Treaties pass through several stages until they come out in their final form, and they are usually preceded by political activities to promote the idea of a treaty between states and until an agreement is reached between states on the main axes of discussion.

Then the negotiators are appointed from the politicians Highly skilled in the art of negotiation.

It may be the head of state, the foreign minister, or the accredited ambassadors, depending on the nature of the subject matter of the treaty, and there is no necessary arrangement for these procedures or arrangements that precede the negotiations.

However, due to the importance of international treaties and the legal effects resulting from them, the constitutions of many countries have given an important role to the legislative authority in the field of ratification of treaties concluded by the executive authority, in order to control the legal, financial and political consequences of signing them.