The legal status of treaties under Indonesia law is still ambiguous and not well developed due its histori..."> The legal status of treaties under Indonesia law is still ambiguous and not well developed due its histori..."/>
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Treaties under Indonesian law : a comparative study

The legal status of treaties under Indonesia law is still ambiguous and not well developed due its historical background, geographical isolation, lack of theoritically informed backup, also the absence of collaborative and interdisciplinary efforts on treaties between the scholarship of contitutional law and international law.rnThis book investigates the issue of treaties under traditional international law in their relations to domestic law and explores various theories that have been offered by scholars in light of globalization in order to seek whether these theories could help in explaining the issues.rnrnHaving examined these theories and thoroughly explored, contrasted, and analyzed how treaties are incorporated into domestic law under constitutional orders of China, South Africa, Germany, and the Netherlands, the author suggest some resolutions that Indonesia may best adopt in its constitutional order: treaties binding Indonesia under international law shall be incorporated into Indonesian law in a way that could ensure the balance between international obligations and democratic legitimacy. In this regard, international obligations arising from treaties shall form part of Indonesian law after acuiring constitutional mandate, i.e. the law approving a treaty (ratifying law). The law shall be interpreted as granting validity in domestic law to a treaty in its quality as international rules.rn

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2015-2900
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Detail Information
Series Title
-
Call Number
340 AGU T
Publisher
Oakland : Australian Scholarity Publishing.,
Collation
ix, 554 pages , 24 cm
Language
Indonesia
ISBN/ISSN
9789796925971
Classification
340
Content Type
-
Media Type
-
Carrier Type
-
Edition
-
Subject(s)
-
Specific Detail Info
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Statement of Responsibility
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