The role of international treaties in developing national legal systems
Abstract
International treaties have a close relationship with domestic legislation, according to the rules and regulations in force in that country. The role of the national legislator has begun to diminish as the legal instrument regulating domestic legal life, and international rules have started to enter the field of legal systems. Therefore, it has become necessary for the national judiciary to exercise oversight over the issue of treaty implementation, and this oversight may be either internal or external legality control. If we move towards acknowledging the national judiciary\'s practice of this oversight, the scope of this oversight should not extend to the political motives and reasons that led the competent authority to conclude the treaties it considered; rather, the oversight should be strictly legal. The plan for our research (The Role of International Treaties in Developing National Legal Systems) consists of two sections. The first section addressed the application of international treaties in national courts, which was covered in three subsections. The first subsection dealt with treaty interpretation, then the competent authority in interpretation, followed by the methods and principles of treaty interpretation. The second section addressed the conditions for treaties, which I also divided into four subsections. The first subsection dealt with legislative amendment of treaties, the second with monitoring the constitutionality of treaties, the third with the principle of the supremacy of treaties, and finally the position of treaties before national courts. Then comes the conclusion, in which I discussed the findings and recommendations, and at the end, I listed the sources and references that were the greatest help and assistance in writing this research.Downloads
Published
2025-01-01
Issue
Section
Articles
License
Copyright (c) 2025 Tikrit University Journal for Rights

This work is licensed under a Creative Commons Attribution 4.0 International License.
تنشر مجلة جامعة تكريت للحقوق جميع المقالات بنظام الوصول المفتوح الفوري وفق رخصة المشاع الإبداعي نَسب المُصنَّف 4.0 الدولية (CC BY 4.0). يحتفظ المؤلفون بحقوق النشر، ويجوز للآخرين مشاركة العمل وتكييفه بشرط الإسناد الصحيح للمؤلف والمجلة وبيان أي تغييرات.