The effects of treaties in domestic law

Treaties, while operating primarily at international level, by definition require a legal connection to the national level. The connection between treaties and domestic law is particularly relevant when treaties regulate matters that also are also dealt with by domestic law, and determine the position of private individuals who by their very nature are (primarily) subjected to national law. Obviously, the domestic effect of treaties is not just a matter of technique. It serves important policy objectives and reflects deeply political questions. In the final analysis, determining whether and how a treaty has direct effect requires an answer to the question of who has, or should have, the final authority to determine the contents of the law applicable in any particular society. This chapter reviews various ways (or ‘techniques’) to moderate the effect treaties acquire in the domestic legal order of a States party to such treaties. It also will also explore the dilemmas that relevant actors face in choosing whether or not to use such techniques.