Exploring the Acceptance of and Being Bound by Treaties in the Legal Systems of Denmark, Brazil, Australia and New Zealand

Document Type : Original Article

Authors

1 Ph. D. in Public International Law, Faculty of Law, University of Qom, Qom, Iran

2 Ph. D. Candidate in Public International Law, Faculty of Law, University of Qom, Qom, Iran

Abstract

The conclusion of treaties forms the foundation of the international legal order and significantly influences international relations. A treaty embodies the consent of states to be legally bound and represents the obligations they undertake. However, the method of expressing consent to be bound by treaties varies considerably depending on each country’s constitutional, legal, and political context, which in turn reflects its unique history and culture. This paper, using a descriptive-analytical approach and relying on desk research, explores the systems of treaty acceptance and commitment in four states: Denmark, Brazil, Australia, and New Zealand. It also examines the general position of international law and domestic legal systems regarding the legal effects of treaties within national legal orders. By drawing on notable insights from the diversity of national practices, this study offers a fresh perspective on the subject. The investigation into the processes of treaty acceptance and commitment in the legal systems of the aforementioned four states reveals that dualism remains the dominant theory governing the relationship between international and domestic law. From the standpoint of democratic governance, it becomes evident that the need for greater control over state power—through the requirement of parliamentary approval of treaties—while simultaneously leaving the final decision to the executive branch based on contemporary national interests, reflects a more democratic and pragmatic approach to treaty commitment. This dynamic plays a significant role in the expansion of international order and the strengthening of interstate cooperation.

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References

In Persian
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Journal of Comparative Public Law
Volume 1, Issue 4 - Serial Number 4
December 2024
Pages 73-99

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