Abstract

The degree to which an international treaty is “directly applied” or “self-executing” in a national (municipal) legal system, i.e., to what extent the treaty norms are treated directly as norms of domestic law (“statutelike law”) without a further “act of transformation,” has been debated in an extensive literature for more than a century. This subject is now receiving increased recognition as part of a broader trend acknowledging that understanding an international legal system necessitates understanding the relationship of national legal and political systems to that international system. In connection with treaties, the basic concepts of “monism” and “dualism” have long been used to explain some of the relationships of treaty law to domestic law.

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