Development of science and technology affect the lives of many nations - nations of the world. In line with the development of the nation - the nation in the world, also growing problems - problems in the international community and led to changes - changes in international law.
International law is a system of rules used to set up an independent and sovereign country.
The international law consists of a set of laws, which largely consists of principles - principles and rules of conduct that binds the state - the state and therefore adhered to in the relationship between the state, which also includes:
Rule - the rule of law on the implementation of funsi institutions - institutions and organizations - International organizations and the relationship between states - states and individuals - individuals.
Regulations - certain legal regulations about the individual - individuals with unity - unity instead of the state, along rights - the rights and obligations of individuals with unity unity is a matter of international cooperation.
Basically berklakunya International Law is based on two principles:
International law is a system of rules used to set up an independent and sovereign country.
The international law consists of a set of laws, which largely consists of principles - principles and rules of conduct that binds the state - the state and therefore adhered to in the relationship between the state, which also includes:
Rule - the rule of law on the implementation of funsi institutions - institutions and organizations - International organizations and the relationship between states - states and individuals - individuals.
Regulations - certain legal regulations about the individual - individuals with unity - unity instead of the state, along rights - the rights and obligations of individuals with unity unity is a matter of international cooperation.
Basically berklakunya International Law is based on two principles:
Sunt Pacta servanda, that treaties must be obeyed by the parties and only - those who make an appointment.
Primacy of international law, ie international treaties have a higher position than law - National legislation agreements A participant countries.
But in the development of international relations today are teaching (doctrine) On the relationship of international law, known as the Doctrine Inkoporasi.
This doctrine assumes that international treaties are part of the National Law binding, and apply directly after signing, unless international treaties that require legislative approval, and will be binding once set in legislation - national legislation of a country. This doctrine was adopted by Britain and other Anglo-Saxon countries.
Americans also embrace this doctrine, but distinguishes it in:
International treaties are valid by itself (Self Execuing Treaty), and
International treaties are not valid by itself (Non-Self-Executing Treaty)
This doctrine assumes that international treaties are part of the National Law binding, and apply directly after signing, unless international treaties that require legislative approval, and will be binding once set in legislation - national legislation of a country. This doctrine was adopted by Britain and other Anglo-Saxon countries.
Americans also embrace this doctrine, but distinguishes it in:
International treaties are valid by itself (Self Execuing Treaty), and
International treaties are not valid by itself (Non-Self-Executing Treaty)
Agreement - International agreements are not contrary to the constitution of the United States and included in the Self-Executing Treaty, will be directly applicable as its National Law. While the International Covenant of Non-Self Executing will be binding on the court in the United States after the introduction of legislation - an invitation which makes it applicable as national law.
The difference between self and non self-executing executing Treaty does not apply to agreements - agreements that include group executive agreement because it does not require the approval of the Legislature (Parliament), and will be directly applicable.
In continental legal systems in Germany and France, a new international treaty could apply where in accordance with the provisions of national law on Ratification of Agreement, and officially announced. Indonesia adopted a continental legal system.
The difference between self and non self-executing executing Treaty does not apply to agreements - agreements that include group executive agreement because it does not require the approval of the Legislature (Parliament), and will be directly applicable.
In continental legal systems in Germany and France, a new international treaty could apply where in accordance with the provisions of national law on Ratification of Agreement, and officially announced. Indonesia adopted a continental legal system.
According to Article 38 (1) Charter of Supreme International, the International Treaty is one source of international law. International treaties are recognized by article 38 (1) Charter of the International Supreme only agreement - an agreement that buffer to make the law (Law Making Treaties).
In 1969, the state - the state has signed the Vienna Convention on international treaties, which came into force in 1980. Article 2 of the Vienna Convention 1980 defines Internaional Agreement as a consent (agreement) between two or more countries, with the goal of holding mutual relations according to International Law.
In 1969, the state - the state has signed the Vienna Convention on international treaties, which came into force in 1980. Article 2 of the Vienna Convention 1980 defines Internaional Agreement as a consent (agreement) between two or more countries, with the goal of holding mutual relations according to International Law.
The complete article can be downloaded at http://www.ziddu.com/download/16490705/nalTreatiesintheIndonesiaNationalLegislationSystem.doc.html
1 comments:
And here an Bahasa Indonesia version.
http://www.ziddu.com/download/16490704/ternasionalDalamSistemPerundangUndanganNasional.doc.html
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