The role of the national judiciary in implementing international treaties and agreements

Abstract

In general each internal and international rule had been issued and really implemented should pass through three stages or phases:-

a.Presenting, this rule is presented under the legal frame.

b.Awareness, When this rule became known to public by the legal way, it became applied.

c.implementation, if this rule as issued became easy for implementing without need to any legal act, so its’ self became acceptable to be implemented, then the process become as following:

(1)   For each legal rule easily can be implemented, must be presented and known, and each implemented rule must be present. 

 (2)  Not all presented rule are completely known or capable to be easily implemented and not all known rule has capability to be implementing.

e.g. compulsory of implement appropriate rule for questioned person with back effecting from issued time without consideration of implementation, because of the clear phrases ( if issued). 

• In international law frame.
• If the recommended number of member states voted and signed the convention or law, its’ became valid within international law system.
• When the member states applied this conventions or law within their internal law according to their principle, became undividable of their internal law.
• If this convention or law suitable to be implemented within internal court with no need of interfere of National Consultant Council, it became presented, known and capable for implementation.
• If this convention wasn’t like that and the National Consultant Council doesn’t interfere it became only presented and known.

Summary:

If the world nations stopped with first phase (Presenting) or second phase (Awareness & public knowledge) without reaching the tired phases (self implementation), the presenting or not of that rule or law is the same, which is effecting or reflex negative on the human rights and freedom and uncompleted Justice and the National Consultant Council should indicate how longest these states applied this rule or convention which had been agreed and signed on.

The role of the national judiciary in implementing international treaties and agreements