Abstract
This article examines the concepts of self executing treaties and non-self executing treaties. These two concepts are inadvertently related to the dualist and monist theory of international law. They also relate to the question of direct applicability and municipal validity of treaties. This article will show that non-self executing treaties are not always analogous with the concept of dualism under international law. Likewise, treaties might presumably be self executing even in dualist states. It is therefore imperative to acquire an understanding of these two concepts by discerning and analysing them. Such understanding will provide clarity to the question of dualist transformation theory in regards to the municipal validity of treaties. berita politik nasional terkini aims to explore these two concepts, in particular their main ideas, how they relate and attempt to affect the theoretical problem of monism versus dualism with regards to treaties. This article traces the origins of the concept of self-executing treaties by examining it under American law and the European Union legal order as well as relevant decisions by international courts. This Article will then move to examine various scholars suggestion to establish criteria for non-self executing treaties
Highlights
The concept of non-self executing has been discussed intensively by scholars worldwide and it has been admitted that it is impossible to provide a satisfactory global and at once useful definition of what is meant by it
This article will show that non-self executing treaties are not always analogous with the concept of dualism under international law
Since dualism does not allow the selfexecuting effect of a treaty in the domestic law, it is held that non-self executing is nothing but dualism
Summary
The concept of non-self executing has been discussed intensively by scholars worldwide and it has been admitted that it is impossible to provide a satisfactory global and at once useful definition of what is meant by it. The concept of non-self executing treaties is commonly associated and confused with the notion of dualist stance toward treaties. On the other hand, selfexecuting treaties are always seen as the product of monism since under this theory treaties bind “on” as well as “in” states in a manner that they can directly take effect in domestic law without requiring national legislations. Despite the fact that the two notions do interface, it is necessary to determine whether the question of self-executing and non-selfexecuting shall be dealt with on the one hand, as an inherent part of monist-dualist rubric, or on the other hand, shall be treated differently and independently. For some scholars, the notion of non-self-executing and self-executing becomes a question of the domestic status of a treaty i.e. how and when a treaty may become valid under municipal law. The treaty remains binding as a matter of international law
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