Legal sources - Codified standards
3 important questions on Legal sources - Codified standards
A multilateral treaty
A treaty to which more that two states are party
What are the 2 steps of the states consent to be bound by a treaty
1. Signature; the signature of a treaty implies the consent of the responsible negotiator on behalf of the state to the treaty
2. The ratification; the ratification of a treaty implies the consent of the responsible legislator on behalf of the state to the treaty. The parlement needs to ratify them
2. The ratification; the ratification of a treaty implies the consent of the responsible legislator on behalf of the state to the treaty. The parlement needs to ratify them
What are the two approaches in law regarding the effect of international law in the domestic legal order?
- Monsim; monism is an approach in law in which it is assumed that the content of a signed and ratified treaty is automatically part of the domestic legal order
- Dualism; dualism is an approach in law in which it is assumed that a signed and ratified treaty needs to be transformed into domestic law first before it forms part of the domestic legal order
- Dualism; dualism is an approach in law in which it is assumed that a signed and ratified treaty needs to be transformed into domestic law first before it forms part of the domestic legal order
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