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THREAT: The new Brexit bill “does break international law in a very specific and limited way” – MUCH ADO ABOUT NOTHING!
In most States international treaties can be superseded by subsequent statutes that contradict the treaty stipulations. ... (1/8)
In most States international treaties can be superseded by subsequent statutes that contradict the treaty stipulations. ... (1/8)
This is not limited to “exceptional circumstances” but applies to all statutes. It’s usually referred to as “treaty override”... (2/8)
The rank of international law within the national legal order is determined by the State’s written or unwritten Constitution – in most States the Constitution accords precedence to (some or all of) national law... (3/8)
The principle of pacta sunt servanda does not yield a different result.
International law does not prohibit legal acts that violate international law from being effective at the domestic level... (4/8)
International law does not prohibit legal acts that violate international law from being effective at the domestic level... (4/8)
The principle of the rule of law does not require that international treaty law take precedence over statutory law.
The principle of democracy even requires that the legislature must be able to enact legislation that diverges from what was agreed under international law... (5/8)
The principle of democracy even requires that the legislature must be able to enact legislation that diverges from what was agreed under international law... (5/8)
However, international law bars State from invoking domestic law to justify the breach of an international law obligation at the level of international law... (6/8)
If a State violates its obligations under an international treaty, the other contracting States can demand compliance, reparation and, in case of material breaches, may terminate the treaty or suspend its operation... (7/8)
Not my words, but those of the Second Senate of the German Federal Constitutional Court in its Order of 15 December 2015 - 2 BvL 1/12
http://www.bverfg.de/e/ls20151215_2bvl000112en.html (in English) (8/8)
http://www.bverfg.de/e/ls20151215_2bvl000112en.html (in English) (8/8)
