القيود الواردة على حرية عقد المعاهدات الدولية في الأنظمة القانونية الداخلية : دراسة مقارنة

Abstract EN

That the process of the conclusion of international treaties is not absolute in the subject matter to regulate the relations between the parties, where there are a set of restrictions on the freedom of the parties to the treaty must be committed and not to exceed, such restrictions are what is stated at the international level only in the Charter of the United Nations as Represents the nominal law of the Member States of the Organization by stipulating that the obligations arising between the Members of the Organization and the provisions of this Charter shall not be incompatible.

Or in the Vienna Convention on the Law of Treaties of 1969, where some limitations have been made in their texts, a limitation has been placed on the parties to the conclusion of international treaties, namely, that they do not conflict with the object of their treaty with the norms of international law.

On the internal level, the constitutions of countries include some principles.

These principles are binding on the parties to the treaty.

Non-compliance with these restrictions may lead to the unconstitutionality of the international treaty, especially under the legal systems that give international treaties the value of ordinary law.

To the Republic of Iraq and Egypt, or the Constitution itself may be amended in the event of conflict with the provisions of the Treaty as in the case of the French domestic legal system.

The unconstitutionality that follows under the provisions of the Constitution may have an effect on the international level in the direction of the State in which the treaty is silent.

Therefore, it can not be applied at the internal level.

This procedure, ie, the unconstitutionality of the treaty, entails the non-implementation of the treaty.

Consequently, international responsibility raises the direction of the violating State on the basis of non-compliance with international obligations.

Hence, in order to avoid this form, the competent authorities, starting at the early stages of the process of concluding international treaties, should refrain from including in international treaties the issues that contradict these restrictions, except those that have been stated at the international or internal level.