Part IV Treaty Application, 15 Domestic Application of Treaties

Subject(s):

Treaty provisions — Treaties, application — Relationship between international and domestic law — Jurisdiction of states, domestic

This chapter surveys how domestic legal systems approach treaty application and the varied treatment that results from different treaty types and domestic actor preferences. Traditional scholarship on the domestic application of treaties has focused on the distinction between monist and dualist legal systems. Part I of this chapter explains that distinction: in brief, the monist-dualist divide hinges on the role of the legislative branch in incorporating and implementing treaties domestically. Part II explains the distinction between horizontal, vertical, and transnational treaty provisions. Part III addresses the functional distinction between nationalist and transnationalist approaches to judicial application of treaties. Part IV discusses the crucial role of domestic courts in promoting compliance with treaty obligations, especially transnational and vertical treaty obligations.