Theoretical and Practical Aspects of the Position of Treaties Within the Legal System of Bosnia and Herzegovina
Journal Title: Godisnjak Fakulteta pravnih nauka - Year 2015, Vol 5, Issue 5
Abstract
One of the basic theoretical and practical issues of the Public International Law is the relation of international and municipal law, i.e. the issue of position and effects of international legal acts within a municipal legal order. This issue has been a subject of doctrinal considerations, ever since, and a number of different schools have emerged in that regard. Besides theoretical importance, this issue has obtained considerable practical significance. Within the question of relation of municipal and international legal orders, implementation and effects of treaties have occupied a central place. However, besides the theoretical approach to how this issues should be tackled, concrete normative solutions related to the position of international legal acts within municipal legal order, and the way that this is defined by internal legal acts, particularly national constitutions, require certain attention. The legal position of treaties can be obtained in more details, following analyses of legal practice and case law established in a country. Therefore, the aim of this paper is to examine both theoretical and practical aspects of the position of treaties within the legal system of Bosnia and Herzegovina, bearing in the mind normative approach established by the Constitution as well as the case law of the Constitutional Court of BiH. It is concluded that the Constitution of BiH adopts the monistic system, the ratified treaties can, under certain circumstances defined by the relevant legislation, be directly applicable and treaties, in accordance to the Constitutional Court case law, prevail over national legislation.
Authors and Affiliations
Duškо Glоdić
Keywords
Related Articles
- EP ID EP342327
- DOI -
- Views 78
- Downloads 0
The Sanctions in new Administrative Law of Federation of Bosnia&Herzegovina
As a aprticular branch of penal law, a new administrative law of the Federation of Bosnia and Herzegovina, comprises a series of specific and original solutions regarding the definitions of adiministrative offences, resp...
Infrastruktura tržišta kapitala Republike Srpske - Infrastructure of the Capital Market in the Republic of Srpska
The regulation of the capital market in the Republika Srpska is based on the objectives and principles of the International Organization of Security Commissions and requirements of European integration. In this regard, a...
Vaspitne mjere zavodskog karaktera za maloljetnike u Republici Srpskoj - Corrective Measures Establishment Character for Minors in the Republic of Srpska
Within the general purpose of criminal sanctions and that the suppression of unlawful activities which violate or threaten the values protected by criminal law, specifically stipulates that the purpose of criminal sancti...
Jurisdiction оf тhe Federation аnd Federal Units аnd Their Participation in the Exercise of Authorities in the Federation
Distribution of jurisdiction between a federation and federal units generally represents one of the important issues concerning forms of the state, especially the forms of state organization, forms of political organizat...
Constitutional and political nature of Decision of the High Representative in Bosnia and Herzegovina
Nowadays, there are divided opinions in Bosnia and Herzegovina when it comes to further mandate of the OHR and the institution of the High Representative. However, the e nd of the mandate of the High Representative is re...