Constitutional Law

Week 4

Kelsen’s Pyramid

• Constitutions

• Statues

• Decrees

• Executive power regulations

International Law

Consists of rules and principles that regulate the relations between states and other entitites, provided they have international legal personality.

• Between states/sovereigns

• Between states and other entities possessing international legal personality

What is a treaty by Vienna Convention on the Law of Treaties?

it means an international agreement concluded between States in written form and governed by international law, whether embodied in a single instrument or in two or more related instruments, and whatever its particular designation

primary function treaties

create rights and obligations for states

Ratification

Declaring a treaty binding

• Often the organ competent for law-making (e.g. parliament)

• Rules set out by and in the constitutions, particularly to limit the power of the executive.

Dualism

National law and treaties are treated in two separate realms. Treaty law needs to be transposed into national law by the lawmaker

• The treaty must first be turned into national law by parliament

• International law is not domestic law until parliament says so
  

Monism

Treaties ratified by the state are treated as part of the national legal order. Individuals can invoke treaty provisions before a national court, like national law. 

• international law = domestic law

Crimes that can be prosecuted in the ICC

• genocide

• crimes against humanity

• war crimes

• crime of agression