When does international law of a treaty become binding in a purely dualist system?
Understand the Problem
The question is asking about the specific conditions under which international treaties become binding in a dualist legal system. It requires an understanding of the theory of dualism in international law and the process involved from negotiation to ratification.
Answer
In a dualist system, international law becomes binding domestically only after being translated into national legislation.
In a purely dualist system, international law of a treaty becomes binding domestically only after it has been translated into national legislation.
Answer for screen readers
In a purely dualist system, international law of a treaty becomes binding domestically only after it has been translated into national legislation.
More Information
Dualist states require a two-step process for treaties to have legal effect domestically: ratification at the international level followed by incorporation through domestic legislation.
Tips
A common mistake is assuming international treaties are automatically binding domestically once ratified, but in dualist systems, national legislative action is still needed.
Sources
- Implementation Resources - Peace and Justice Initiative - peaceandjusticeinitiative.org
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