International law in the domestic legal order

Question 1

Can citizens rely on treaty rights directly?

Answer 1

• Monism- yes- treaty is in force in its original for,
  -Dualims- NO, it has to be transposed into national law first

Question 1

Define external sovereignty

Answer 1

• the capacity 2 conclude treaties and to decide on the:
  -international applicability of international law

Question 2

What is Locke’s idea on who should conclude treaties

Answer 2

-separate body
-sole purpose is 2 conc. treaties

Question 3

Which body commonly concludes treaties?

Answer 3

• the executive

Question 4

What does conditional monism mean

Answer 4

-norms of international law apply domestically
-to the EXTENT the const. allows it
-e.g: international norms might rank lower than domestic constitutional ones
-determines:
-hierarchy
-conditions
-effects

Question 5

Which other systems might have a problem with deciding who concludes treaties apart from a federal system? and why

Answer 5

-semi-presidential system
- who has power? parliament or president in concluding treaties