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Max Planck Encyclopedia of Public International Law [MPEPIL]

Treaties, Direct Applicability

Karen Kaiser

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 08 October 2024

Subject(s):
State practice — Treaties, application — Treaties, self-executing

Published under the auspices of the Max Planck Institute for Comparative Public Law and International Law under the direction of Professor Anne Peters (2021–) and Professor Rüdiger Wolfrum (2004–2020). 

1 A treaty is ‘self-executing’ or ‘directly applicable’ in domestic law, when its provisions will be applied by courts or executive agencies as provisions of domestic law without the need of further legislative or administrative measures (International Law and Domestic [Municipal] Law; Treaties). Despite different historical origins, the phrases ‘self-executing’ and ‘directly applicable’ are very similar. Since ‘directly applicable’ more effectively describes the fact that treaty provisions are applied as provisions of domestic law, it will be the label here. 2...
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