Self-executing treaty International Law by Hesham Elrafei

Self-executing treaty International Law by Hesham Elrafei #Internationallaw #law A treaty is self-executing if its provisions are automatically, and without any formal or specific act of incorporation by State authorities, part of the law of the land and enforceable before municipal courts. Some countries recognize this quality in treaties, including Argentina, France, Belgium, Greece, Mexico, Spain, the Netherlands, Russia, and the United States, where the constitution declares a treaty to be the law of the land. In contrast, in the United Kingdom, a treaty has no internal legal effect without ‘enabling’ legislation: Whether a treaty is self-executing ‘depends on the intent of the treaty maker as expressed in its language, and the circumstances surrounding the making of the treaty. In the European Union, there exists a similar concept, described as direct effect, whereby provisions of E.U. laws and treaties, may automatically be part of the law of the Member States, and enforceable in their courts.