A exceção ao monismo internacionalista da convenção de viena sobre direito dos tratados
Vienna Covention on the Law of Treaties devoted the internationalist theory of monism, about the fact of the domestic and international Law, although dealing with different subjects, are part of a harmonious whole, and therefore should be applied this way. However, in case of conflict of internation...
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| Format: | Article |
| Language: | Portuguese |
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2011
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| Online Access: | http://dialnet.unirioja.es/servlet/oaiart?codigo=3711051 |
| Source: | Cognitio Juris, ISSN 2236-3009, Vol. 1, Nº. 2, 2011, pags. 14-18 |
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| Summary: |
Vienna Covention on the Law of Treaties devoted the internationalist theory of monism, about the fact of the domestic and international Law, although dealing with different subjects, are part of a harmonious whole, and therefore should be applied this way. However, in case of conflict of international standards and the domestic law of each state, international law should prevail, this represents the hierarchy of international law in the face of internal law. It is what is demonstrate in Article 27 of the treaty, which denies the possibility of a State to use its domestic law to justify the breach of international law. The problem arises from the reading of Article 46 of the same Convention, which says that this impossibility should not happen when dealing with domestic law of fundamental importance on the competence to conclude treaties. This would therefore be an exception to international monism provided by the Vienna Convention on the Law of Treaties. |
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