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Journal of Foreign Legislation and Comparative Law
Reference:

Osminin B.I. Resolving Conflicts between Domestic Law and International Treaties

Abstract: The principles of free consent and of good faith as well as the pacta sunt servanda rule are universally recognized. States must ensure that their national legal framework permits them to meet their international treaty obligations. In the case of a conflict between the domestic law and an international treaty, it is the domestic law, which needs to be reconsidered, not the international treaty. The presence or absence of a particular provision within the legal framework of a state cannot be used as an argument to evade an international treaty obligation. In this regard Article 27 of the Vienna Convention on the Law of Treaties provides that “A party may not invoke the provisions of its internal law as justification for its failure to perform a treaty”.


Keywords:

principle pacta sunt servanda, internal law and observance of treaties, a conflict between a statute and a treaty, the place of international treaties in internal law, the supremacy of treaties over domestic law, the rank of a treaty within domestic legal system, a rank equal to ordinary statutes, to take precedence over statutes, the “later-in-time” rule, to apply the treaty as lex specialis.


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