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states that "all
Treaties made, or which shall be made, under the authority of the United States, shall be the supreme Law of the land." However, the term "treaty" has a more restricted sense in
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than in international law. Of the more than 16,000 international agreements entered into by the United States between 1946 and 1999, only 912 were ratified by the required two thirds of the
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states require all treaties to be incorporated before they can have any domestic legal effects. Most countries follow a treaty ratification method somewhere between these two extremes.
69:, especially in cases where the treaty "modifies provisions which are matters for statute". In such cases, incorporation is often either redundant or very little is required.
55:, treaties can normally be ratified only after they are approved by the legislature, but the treaties then become legally binding in domestic law if they are self-executing.
85:" (the executive). All treaties must be incorporated if they are to have any effect on domestic legislation. To do otherwise would violate the doctrine of the
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value, and judges consider that
Parliament, in the absence of clear contrary intention, did not intend for an Act to conflict with a ratified treaty.
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system where treaties can become law without incorporation, if their provisions are considered sufficiently self-explanatory. In contrast
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32:. A country incorporates a treaty by passing domestic legislation that gives effect to the treaty in the national legal system.
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When a dualist state signs a treaty, the treaty becomes binding only if it is incorporated by a domestic statute.
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Whether incorporation is necessary depends on a country's domestic law. Some states follow a
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133:(2008). Almost all treaties must be incorporated into federal law by both chambers of the
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Treaties and other
International Agreements: the Role of the United States Senate
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has also limited the direct effect of ratified treaties, notably in the case of
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is intermediate to the two extremes described above. The
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291:(Congressional Research Service 2001).
268:French Constitution of 4 October 1958.
247:French Constitution of 4 October 1958.
208:. Cambridge University Press. p.
156:. Irish Department for Foreign Affairs
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307:International law legal terminology
225:"A quick ABC of international law"
18:incorporation of international law
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223:Romano, Cesare (23 August 2006).
312:Legal doctrines and principles
204:Modern Treaty Law and Practice
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51:In monist systems like the
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106:United States Constitution
178:. Oxford University Press
87:sovereignty of Parliament
83:Her Majesty's Government
22:international agreements
20:is the process by which
154:"Irish Treaty Practice"
200:Aust, Anthony (2000).
120:of the Constitution.
96:The position of the
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53:Netherlands
301:Categories
141:References
63:French law
265:Art. 52,
244:Art. 55,
114:US Senate
271:Archived
250:Archived
116:of the
41:dualist
59:France
37:monist
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