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Journal articles on the topic 'Constitutive treaties'

Author: Grafiati

Published: 2 June 2025

Last updated: 31 July 2025

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1

Zečević, Slobodan. "Contribution to discussions about existence of the constitutional law of the European Union." Arhiv za pravne i drustvene nauke 11, no. 1 (2023): 9–27. http://dx.doi.org/10.5937/adpn2301009z.

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In relation to the topic, the formal absence of a legal text called the constitution of the European Union is noticeable. Simple logic dictates the conclusion that in absence of European constitution, there is no constitutional law of the European Union. However, the reality is much more complex than it seems. The United Kingdom, for example, does not have a written act called a constitution, but instead several constitutional contents whose sources are in laws, legal practice and so-called constitutional customs. Germany also formally does not have a constitution, but a Fundamental Law that p

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Seidendorf, Stefan. "Contesting Europe: the constitutive impact of discursive dynamics on national referendum campaigns." European Political Science Review 2, no. 3 (2010): 423–50. http://dx.doi.org/10.1017/s1755773909990300.

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A comparison of two referendum campaigns on Europe in France and Ireland shows two different patterns of mobilisation. Focusing on the perceived influence of the European treaties on national legislation on abortion, two different types of Euro-scepticism can be discerned. One is settled in a potentially universal project of ‘enlightenment’ (fearing the ‘criminalisation’ of abortion due to EU (European Union) regulations), the other is concerned with the defence of the nation’s democratic sovereignty against the EU (and fears ‘liberalisation’ of abortion due to the same EU regulations). A disc

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Tudorache, Florin. "EUROPEAN COMMON DEFENCE A NEW CHALLENGE FOR THE EUROPEAN UNION." STRATEGIES XXI - Security and Defense Faculty 17, no. 1 (2021): 159–66. http://dx.doi.org/10.53477/2668-2001-21-19.

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The efforts for peace at the end of the Second World War were based on the belief that only through "European unification" was there hope for an end to a chapter in Europe's recent history of war, bloodshed and destruction. The supreme objectives of safeguarding peace, but also of economic unification, contained in the Constitutive Treaties of the European Communities were impregnated with the fundamental intention of ensuring peace. The Treaties that gave birth to the European Communities and the Union confirm that the goal of peace has succeeded, and that a violent confrontation between Memb

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Nijat, Jafarov. "FROM COORDINATION TO INTEGRATION: LEGAL MODELS AND INSTITUTIONAL TYPOLOGIES IN REGIONAL ECONOMIC COOPERATION." Deutsche internationale Zeitschrift für zeitgenössische Wissenschaft 104 (May 20, 2025): 27–29. https://doi.org/10.5281/zenodo.15476882.

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This article examines the evolution of regional economic integration through the lens of legal doctrine and institutional development, tracing the shift from traditional intergovernmental coordination to more advanced models of supranational governance. It classifies integration efforts based on legal structure, geographic range, and the degree of economic unification. Particular emphasis is placed on the normative character of constitutive treaties—especially framework and forward-looking agreements—and their role in legitimising the creation of regional integration organisations

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Aalberts, Tanja. "Misrecognition in legal practice: the aporia of the Family of Nations." Review of International Studies 44, no. 5 (2018): 863–81. http://dx.doi.org/10.1017/s0260210518000384.

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AbstractThis article discusses the concept of misrecognition to analyse international legal ordering in the practice of colonial treatymaking. As critical interventions to the debate on recognition have made clear, recognition is about exclusion as much as it is about inclusion. The most obvious example is the nineteenth-century applications of the standard of civilisation, where the European Family of Nations introduced the criterion of ‘civilisation’, which excluded non-European entities as sovereigns and legitimised their colonisation. But at the same time colonial treaties included the ‘sa

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Birnie, Patricia. "Are Twentieth-Century Marine Conservation Conventions Adaptable to Twenty-First Century Goals and Principles?: Part I." International Journal of Marine and Coastal Law 12, no. 3 (1997): 307–39. http://dx.doi.org/10.1163/157180897x00220.

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AbstractTreaties, especially those concluded before UNCLOS and the United Nations Conferences on the Human Environment and on Environment and Development are having to find ways of responding to the many new principles and concepts developed through the conventions, declarations and action plans formulated by these processes, inter alia. Different treaties are responding in different ways-by renegotiation, by amending protocols; or by broad interpretation of existing terms to take account of the new approaches. This article examines the relevant law and practice, especially concerning the powe

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Paine, Joshua. "CONTROL MECHANISMS IN MULTILATERAL INVESTMENT TRIBUNALS: NAVIGATING PROCEDURAL MULTILATERALISM AND SUBSTANTIVE BILATERALISM." International and Comparative Law Quarterly 73, no. 4 (2024): 819–51. https://doi.org/10.1017/s0020589324000368.

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AbstractA future multilateral investment court (MIC) or multilateral appellate mechanism (MAM) will operate on a plurilateral basis, among States that become parties to the tribunal's constitutive instrument and grant it jurisdiction over disputes under their investment treaties. The creation of a MIC or MAM would involve a significant strengthening and centralization of dispute settlement institutions in the investment treaty regime, which is already overly dependent on law-development by adjudicators, reflected in well-established concerns about loss of State control. Thus, a key challenge i

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Sanders, Rebecca, and Laura Dudley Jenkins. "Special issue introduction: Contemporary international anti-feminism." Global Constitutionalism 11, no. 3 (2022): 369–78. http://dx.doi.org/10.1017/s2045381722000144.

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AbstractIn recent years, conservative governments and their civil society allies have undermined international women’s rights treaties and SOGI rights initiatives and challenged domestic rights protections. The articles in this special issue grapple with these trends by analysing the ideologies, discourses, and strategies of contemporary anti-feminism in global and comparative contexts. Several prominent patterns emerge: the core significance of social hierarchy and biological essentialism to anti-feminist conservative thought; the polarizing demonization of feminists by religious conservative

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9

Croquet, Nicolas AJ. "The Import of International Customary Law into the EU Legal Order: The Adequacy of a Direct Effect Analysis." Cambridge Yearbook of European Legal Studies 15 (2013): 47–81. http://dx.doi.org/10.5235/152888713809813567.

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AbstractThe EU case law, embodied by the Racke judgment, constituted a normative compromise between the judicial treatment of international customary law and that of international treaties. Indeed, the lack of precision of an international customary norm would not prevent it from being assessed by the EU Courts on the merits of the case, albeit to a lesser degree of judicial review. The lack of precision of an international treaty provision would in contrast make it unenforceable on the facts of the case (subject to two exceptions and the doctrine of consistent interpretation), whereas when su

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Croquet, Nicolas AJ. "The Import of International Customary Law into the EU Legal Order: The Adequacy of a Direct Effect Analysis." Cambridge Yearbook of European Legal Studies 15 (2013): 47–81. http://dx.doi.org/10.1017/s1528887000003001.

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Abstract The EU case law, embodied by the Racke judgment, constituted a normative compromise between the judicial treatment of international customary law and that of international treaties. Indeed, the lack of precision of an international customary norm would not prevent it from being assessed by the EU Courts on the merits of the case, albeit to a lesser degree of judicial review. The lack of precision of an international treaty provision would in contrast make it unenforceable on the facts of the case (subject to two exceptions and the doctrine of consistent interpretation), whereas when s

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Arhiliuc, Victoria, and Nicolae Coșleț. "REFLECTION OF STATES SOVEREIGNTY IN THE FRAMEWORK OF SEVERAL COLLECTIVE SECURITY TREATIES." ACROSS 7, no. 5 (2023): 43–55. https://doi.org/10.5281/zenodo.8037243.

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Each state on the modern political map of the world has its own peculiarities that distinguish them from one another. However, all States have something in common, namely the constitutive elements that characterize not so much a particular State, but the "State" in the general sense, as a political-legal category. One of the fundamental elements of the State is sovereignty. Thus, sovereignty in its two manifestations: supremacy and independence, represents the freedom of the State to decide exclusively, without any internal or external interference, on the content of all areas of pol

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SCOTT, SHIRLEY V. "Intergovernmental Organizations as Disseminators, Legitimators, and Disguisers of Hegemonic Policy Preferences: The United States, the International Whaling Commission, and the Introduction of a Moratorium on Commercial Whaling." Leiden Journal of International Law 21, no. 3 (2008): 581–600. http://dx.doi.org/10.1017/s0922156508005190.

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AbstractThe recognized benefits to a hegemon of working through an intergovernmental organization (IGO) include legitimating its policy preferences, disseminating them with efficiency, and promoting stability. While most would agree that international law is important in this process, it is less easy to map exactly how international law fulfils this role. Using the cognitive structures of co-operation (CSC) approach to the political interpretation of multilateral treaties, this article demonstrates at a relatively low level of abstraction the way in which a constitutive treaty embeds an ideati

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Sgarbi, Marco. "L'epistemologia di Richard Burthogge." RIVISTA DI STORIA DELLA FILOSOFIA, no. 3 (August 2012): 493–521. http://dx.doi.org/10.3280/sf2012-003003.

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This article deals with the epistemology of Richard Burthogge (1638-1705). Friend and correspondent of Locke, Burthogge published two important epistemological treaties, the Organum Vetus & Novum (1678) and the Essay upon Reason (1694), in which he developed a particular theory of knowledge close to idealism and conceptualism. In this theory he 1) elaborated an instrumental conception of logic; 2) limited the boundaries of reason to sensible experience; 3) conceived the mind as a center of activity, energy, and operations; 4) established that all sensible knowledge is filtered by modi conc

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Polus, Andrzej. "Relacje Unii Europejskiej z Afryką." Politeja 22, no. 2(96/1) (2025): 51–69. https://doi.org/10.12797/politeja.22.2025.96.1.03.

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EU–AFRICA RELATIONS. BEYOND THE RHETORIC OF “THE PARTNERSHIP OF THE EQUAL”The article aims to verify the ‘partnership of equals’ narrative that the European Union uses in its relations with Africa. The article is written within the interpretivist epistemology. The main research techniques used during the work on the text were a critical analysis of the literature and a qualitative analysis of the official positions of the European Commission. The results obtained through these research techniques are compared with the results of field research conducted in the Southern African region. The text

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IYI, John-Mark. "Resolving presidential term limits in transitional justice processes: Revisiting the 2015 Burundi Crisis." African Yearbook on International Humanitarian Law 2022, no. 1 (2022): 1–19. http://dx.doi.org/10.47348/ayih/2022/a1.

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The efforts to resolve the conflict in Burundi through the implementation of transitional justice have been fraught with many challenges. The crisis in Burundi took a new twist in June 2020 with the sudden passing of one of the major roleplayers, President Pierre Nkurunziza. However, this has not resolved the crisis in any significant way so far, and it is imperative to revisit and examine some of the underlying legal issues and draw some lessons for the future. In this article, I argue that the Burundi crisis, arising from the third-term bid of then President Nkurunziza, presented a conflict

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Syarifa, Nabila, and Adya Paramita Prabandari. "Palestine's Struggle for Statehood in the Pursuit of International Recognition." International Journal of Social Science Research and Review 8, no. 4 (2025): 65–72. https://doi.org/10.47814/ijssrr.v8i4.2608.

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State recognition is a fundamental aspect of international law that defines a country's sovereignty and legitimacy. Despite fulfilling key criteria such as a permanent population, defined territory, and functioning government, Palestine’s recognition as a sovereign state remains debated due to political and legal complexities. This study examines Palestine’s efforts to gain recognition, the responses of various states, and the role of international law in shaping its status. Using a qualitative approach, this research analyzes legal documents, international treaties, and diplomatic policies to

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Özturk, Ahmet Erdi, and Deina Abdelkader. "Conducting Research on Muslims in the Age of Dichotomies: Ethics, Politics and Responsibilities." International Journal of Religion 2, no. 1 (2021): 3–9. http://dx.doi.org/10.33182/ijor.v2i1.1471.

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Global politics has always existed in an environment brimming with intricacies and transformations. Wars, natural disasters and treaties have both directly and indirectly impacted the state of global politics in addition to societies and individuals. These interactions certainly influence the flow of history while concurrently dictating the relationships between societies. Identity and its constitutive elements have consistently occupied a determinant position in this context and continue to do so (Gellner 1987; Gurses and Ozturk 2020; Douglas 2003; Daniel 2017). And pre-eminent among these an

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18

Agudo Zamora, Miguel. "El principio de no regresividad de los derechos sociales en el ordenamiento constitucional español // The principle of non-regressivity of Social rights in the Spanish Constitutional Law." Revista de Derecho Político 1, no. 100 (2017): 849. http://dx.doi.org/10.5944/rdp.100.2017.20720.

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Resumen:Este trabajo analiza la situación en el modelo constitucional español del principio de no regresividad de los derechos sociales. Se parte del análisis sucinto del modelo social de nuestra Constitución lo que implica el reconocimiento de derechos económicos y sociales. Este reconocimiento es la plasmación constitucional de los principios de solidaridad y de cohesión social. El principio de cohesión social ha sido definido por el Consejo de Europa e incluido explícitamente en los tratados constitutivos de la Unión Europea. La necesidad de lograr la cohesión social fundamenta la inclusión

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Iyi, John-Mark. "Of Norms and Ambiguity: The Contested Authority of UN Security Council and African Union in the Use of Force in Africa." Zeitschrift für ausländisches öffentliches Recht und Völkerrecht / Heidelberg Journal of International Law 83, no. 1 (2023): 91–118. http://dx.doi.org/10.17104/0044-2348-2023-1-91.

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There has been a renewed interest in the debates on the use of force. This resurgence in academic and policy circles can be attributed to the new wave of military interventions after the initial hiatus of the Global War on Terror period. The recent cases of the use of force are once again raising pertinent legal questions regarding the responsibility for the maintenance of international peace and security which is vested in the United Nations Security Council (UNSC) by the United Nations (UN) Charter. This authority, exemplified by the UNSC control of the use of force has been challenged by un

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20

Martín y Pérez de Nanclares, José. "La Unión Europea como comunidad de valores: a vueltas con la crisis de la democracia y del Estado de Derecho." Teoría y Realidad Constitucional, no. 43 (May 23, 2019): 121. http://dx.doi.org/10.5944/trc.43.2019.24401.

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Las democracias liberales de prácticamente todo el mundo occidental están sufriendo un serio proceso de erosión interna y, en algunos casos, una verdadera deriva autoritaria. Este desgaste democrático no solo afecta a los Estados. También la Unión Europea es diana preferida de los ataques de ataques directos de los movimientos populistas y antieuropeos. En realidad, en estos momentos valores esenciales del proceso de integración, como por ejemplo los de democracia y Estado de Derecho, se están poniendo en cuestión en algunos Estados miembros. Dado que la Unión es una ‘comunidad de valores’ (We

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Ivanov, Eduard. "The nature of the international legal personality of the Order of Malta." Pravovedenie 66, no. 4 (2022): 371–85. http://dx.doi.org/10.21638/spbu25.2022.402.

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The article provides a theoretical analysis of historical roots and the nature of international legal personality of the Order of Malta. The Order was established in 1048 to provide medical support to the wounded and sick pilgrim in the Holy Land. In the following years, the Order became military functions and participated in the Crusades. Power over territory and population was never the main mission of the Order. In the author’s opinion, the Order of Malta was rather a platform for cooperation of knights from different countries. However, in 16th–18th centuries, in the time of the developmen

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Bauböck, Rainer. "The Three Levels of Citizenship within the European Union." German Law Journal 15, no. 5 (2014): 751–63. http://dx.doi.org/10.1017/s207183220001912x.

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European Union citizenship is derived from Member State nationality. This fact often has been considered a “birth defect” to be overcome by either disconnecting EU citizenship from Member State citizenship or by reversing the relationship in a federal model so that Member State citizenship would be derived from that of the Union. I argue in this essay that derivative citizenship in a union of states can be defended as a potentially stable and democratically attractive basic feature of the architecture of the EU polity where EU citizenship is perceived of as one layer in a multi-level model of

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Tsereteli, Nino, and Hubert Smekal. "The Judicial Self-Government at the International Level — A New Research Agenda." German Law Journal 19, no. 7 (2018): 2137–64. http://dx.doi.org/10.1017/s207183220002335x.

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AbstractThe phenomenon of judicial self-government at international courts has thus far been vastly understudied. Our article fills this gap and systematically explores its personal dimension, both from formal and informal perspectives. Specifically, we focus on the selection, promotion, and removal of international judges. We build our analysis on studying legal instruments, such as constitutive treaties, statutes, and rules of procedure, which we subsequently supplement by anecdotal evidence of how they work in practice. We show that each international court is unique in terms of the forms a

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Caplan, David I., Richard David Laumann, and Wolfgang K. H. Panofsky. "Treaties and the Constitution." Physics Today 40, no. 1 (1987): 110. http://dx.doi.org/10.1063/1.2815321.

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Holt, Wythe. "The First Federal Question Case." Law and History Review 3, no. 1 (1985): 169–89. http://dx.doi.org/10.2307/743701.

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What is a ‘federal question’? Section two of article three of the Constitution grants jurisdiction to federal courts over, among other items, ‘all cases in law and equity, arising under this Constitution, the laws of the United States, and treaties made … under their authority’. This has become generally known as the grant of ‘federal question’ jurisdiction. The present statute giving such jurisdiction to federal courts dates only from 1875; not only has it been restrictively construed, but existing federal schemes of benefits, rights, and regulations provide us with a familiar, pat, confining

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Bodnár, László. "Constitution, International Treaties, and Contracts." Acta Juridica Hungarica 43, no. 3-4 (2002): 279–89. http://dx.doi.org/10.1556/ajur.43.2002.3-4.6.

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Schuringa, Jan-Jacob, Albertus T. J. Wierenga, Wiebe Kruijer, and Edo Vellenga. "Constitutive Stat3, Tyr705, and Ser727 phosphorylation in acute myeloid leukemia cells caused by the autocrine secretion of interleukin-6." Blood 95, no. 12 (2000): 3765–70. http://dx.doi.org/10.1182/blood.v95.12.3765.

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Abstract To explore the activation patterns of signal transducer and activator of transcription 3 (Stat3) in acute myeloid leukemia (AML), we examined whether the phosphorylation of tyrosine705 (Tyr705) and serine727 (Ser727) residues was abnormally regulated in cells from patients with AML. In 5 of 20 (25%) patients with AML, Stat3 was constitutively phosphorylated on Tyr705 and Ser727, which were not further up-regulated by treatment with IL-6. Furthermore, Stat3 was constitutively bound to the IRE response element in these cells as determined by electrophoretic mobility shift assay, and sti

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Schuringa, Jan-Jacob, Albertus T. J. Wierenga, Wiebe Kruijer, and Edo Vellenga. "Constitutive Stat3, Tyr705, and Ser727 phosphorylation in acute myeloid leukemia cells caused by the autocrine secretion of interleukin-6." Blood 95, no. 12 (2000): 3765–70. http://dx.doi.org/10.1182/blood.v95.12.3765.012k50_3765_3770.

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To explore the activation patterns of signal transducer and activator of transcription 3 (Stat3) in acute myeloid leukemia (AML), we examined whether the phosphorylation of tyrosine705 (Tyr705) and serine727 (Ser727) residues was abnormally regulated in cells from patients with AML. In 5 of 20 (25%) patients with AML, Stat3 was constitutively phosphorylated on Tyr705 and Ser727, which were not further up-regulated by treatment with IL-6. Furthermore, Stat3 was constitutively bound to the IRE response element in these cells as determined by electrophoretic mobility shift assay, and stimulation

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Azpitarte Sánchez, Miguel. "La autonomía del ordenamiento de la Unión y las «funciones esenciales» de su sistema jurisdiccional = The autonomy of the european legal order and the «indispensable tasks» of its jurisdictional system." Teoría y Realidad Constitucional, no. 32 (July 1, 2013): 225. http://dx.doi.org/10.5944/trc.32.2013.11787.

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La renovada defensa que el Tribunal de Justicia hace del concepto de autonomía contrasta con los impulsos políticos que intentan abrir la jurisdicción de la Unión, sea prolongando su intervención hacia fuera, o reconociendo competencia a tribunales ajenos a ella. Dada esta situación paradójica, mi intención es reflexionar sobre el vínculo entre autonomía del ordenamiento y funciones esenciales del sistema jurisdiccional. Para ello, en el epígrafe II, al modo de un intento de arqueología jurídica, me planteo cuáles han sido las razones constitucionales que condujeron a diseñar ese vínculo que e

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Barkhordari, Aref. "Liberalism and Shia Political Thought in the Thought of Allameh Naieni, A Theoretical Framework for the Iranian Constitutional Revolution." Advances in Social Sciences Research Journal 11, no. 1 (2024): 34–52. http://dx.doi.org/10.14738/assrj.111.16158.

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The purpose of writing this article is to analyze and describe the political thought of Allameh Mohammad Hossein Naeini as one of the most important theorists of the Iranian Constitutional Revolution (1284 AH), who tried to reconcile the components of liberalism and classical Shiite political thought to provide a Theoretical basis for the Iranian Constitutional Revolution. In this article, the treatise "Tanbih al-Ulama and Tanzih al-Mulla is, the most important work of Naeini and some other works that have studied her thought, are examined. In Iranian Constitutional Revolution, those who defen

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De Mestrall, A. L. C. "L'évolution des rapports entre le droit canadien et le droit international un demi-siècle après l'affaire des conventions internationales de travail." Canadian Yearbook of international Law/Annuaire canadien de droit international 25 (1988): 301–24. http://dx.doi.org/10.1017/s0069005800003210.

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SummaryThis article reviews the suggestion implicit in two recent obiter dicta of the Supreme Court of Canada and the widely held view in English Canada that the Labour Conventions Reference was wrongly decided, and that parliament should have exclusive jurisdiction to implement any treaty. It is argued that reversal of this rule would constitute a fundamental change in the nature of the Canadian federal system; is not warranted by any functional argument and has never been requested by the principal interested party, namely the government of Canada. It is also argued that the only proper way

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Paust, Jordan J. "Self-Executing Treaties." American Journal of International Law 82, no. 4 (1988): 760–83. http://dx.doi.org/10.2307/2203511.

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The distinction found in certain cases between “self-executing” and “non-self-executing” treaties is a judicially invented notion that is patently inconsistent with express language in the Constitution affirming that “all Treaties … shall be the supreme Law of the Land.” Indeed, such a distinction may involve the most glaring of attempts to deviate from the specific text of the Constitution. For some 40 years after the formation of the Constitution, President George Washington’s recognition in 1796 that “every Treaty [properly ratified]… thenceforward becomes the law of the land” was widely sh

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Rahman, Raziur. "An overview of Bangladesh's approach to ratifying international instruments." An overview of Bangladesh's approach to ratifying international instruments 1, no. 1 (2025): 193–205. https://doi.org/10.5281/zenodo.15408823.

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<strong><em>Abstract</em></strong><strong>:</strong><strong> </strong>Treaties and other international instruments are unquestionably one of the most significant sources of public international law.  How states fulfil their treaty commitments is up to them.  The procedures for domestically ratifying international instruments differ from state to state and from one legal system to another.  The ratification procedure is likewise contingent upon the national circumstances.  The practice of affined states is significant in this regard. The most crucial issue is how the retific

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Qader, Sanh Sh. "Examining International Treaty Governance within the Iraqi Legal Framework." Koya University Journal of Humanities and Social Sciences 6, no. 1 (2023): 332–53. https://doi.org/10.14500/kujhss.v6n1y2023.pp332-353.

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The term "treaty" as defined in Article 1(2) of the Vienna Convention on the Law of Treaties encompasses any written agreement in international law, irrespective of nomenclature, adhering to principles of international law and intended to be legally binding. This broad definition provides states with a framework to establish international relations and uphold their international commitments. However, conflicts may arise between international treaties and national legal systems. Therefore, this study aims to explore the position of international treaties within Iraq's legal framework, specifica

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Prunier, Cédric. "Les nouveaux accords de paix en Afrique : entre droit constitutionnel et droit international." Civitas Europa 6, no. 1 (2001): 107–20. http://dx.doi.org/10.3406/civit.2001.948.

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I. The numerous constitutional effects of peace treaties in Africa : a peace treaty amends the constitution ; examples and mechanisms by which the constitutional provisions are implemented. The absence of constitutional provisions, recognition of the constitution ; recognition and the start of a debate on the constitution. II. The influence of international law on the provisions in a constitution. The nature of peace treaties : international treaties ? Where the problem arises. The International Court of Justice's ruling of 1 July 2000 in the matter of armed conflict in the Congo (Democratic R

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Flanagan, Thomas E. "The History of Metis Aboriginal Rights: Politics, Principle, and Policy." Canadian journal of law and society 5 (1990): 71–94. http://dx.doi.org/10.1017/s0829320100001721.

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Abstract This article gives a schematic overview of metis aboriginal rights from the Huron and Superior Treaties of 1850 to the Mackenzie Valley Treaty of 1921. It traces the evolution of federal policy in several stages: treating Metis as Indians, followed by individual grants of land, scrip and money. Pragmatism and expediency led to many inconsistencies in policy, but there were also pressures of administrative precedent favouring rationalization. Awareness of this history is essential in determining what metis aboriginal rights, if any, are still “existing” under s. 25 of the Constitution

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Yusdiansyah, Efik, and Wicaksana Dramanda. "TREATIES AS A SOURCE OF NATIONAL LAW IN THE PERSPECTIVE OF CONSTITUTIONAL LAW." PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) 10, no. 2 (2023): 234–53. http://dx.doi.org/10.22304/pjih.v10n2.a5.

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The 1945 Constitution of the Republic of Indonesia does not regulate the relations and interactions between treaties and national law. The absence of constitutional norms regarding this matter raises the question of how treaties become a source of national law. This study puts forward the perspective of constitutional law to answer how national law perceives treaties in the dimensions of national law. It argues that the constitutional law paradigm views treaties as a product of the legislative and executive interaction within the framework of the theory of separation of powers. Based on this v

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Holman, Paul. "Treating the Ectomorphic Constitution." Journal of Nutritional & Environmental Medicine 6, no. 4 (1996): 359–70. http://dx.doi.org/10.3109/13590849609007264.

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Ivanov, Vitaly L. "The ontological constitution of res as simul totum and the doctrine of distinctions in Metaphysica of Nicholas Bonetus, OFM." Philosophy Journal 15, no. 3 (2022): 50–69. http://dx.doi.org/10.21146/2072-0726-2022-15-3-50-69.

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The article examines the doctrine of thing in the “Metaphysics” created in the early 1330s by an original Franciscan theologian and philosopher Nicholas Bonetus. The article points to the historical-philosophical significance of this work. In the scholastic tradition, Bonetus’s “Metaphysics’ is argued to be one of the first large and independent treatises on metaphysics, i.e. it is not related to the tradition of commenting on Aristotle. It is also the first treatise in the history of philosophy under the title “Metaphysics”, named so by the author himself. First, we present the biography of t

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Ma, Evelyn. "Scholarly Chinese Legal Works in the Vernacular: A Selective Topical Treatise Finder (Part I)†." International Journal of Legal Information 39, no. 3 (2011): 295–311. http://dx.doi.org/10.1017/s0731126500006223.

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The number of Chinese legal scholarly publications has grown dramatically in the last ten years as the Chinese government legislature churned out an expansive body of law, with an impressive proliferation of print treatises and web-based legal information in the vernacular. This article offers a sampling of legal scholars and their treatises. It is organized by subject area, and is offered as a selective annotated treatise finder. The list focuses on legal publications published within the last two decades subsequent to the amendment of the 1982 Chinese Constitution in 1989. Some of the author

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Piri, Heidar, and Niaz A. Shah. "The Application of Human Rights Treaties as Domestic Law in the Islamic Republic of Iran." Human Rights Quarterly 47, no. 2 (2025): 282–307. https://doi.org/10.1353/hrq.2025.a958152.

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ABSTRACT: The reading of the post-revolution 1979 Constitution of Iran gives the impression that Iran is a dualist state, but this article argues that, on its proper analysis together with Article 9 of the Civil Code 1928, Iran is a monist state and human rights treaties Iran has acceded to are directly applicable in the legal system of Iran. The misperception stems from the fact that the 1979 Constitution is silent on the status and/or hierarchy of ratified treaties. We argue that there is no conflict between the Constitution and Article 9, as the former sets out the procedure for the ratific

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Alekbay, Zhambyl Kuanyshgaliuly. "SELECTED ISSUES RELATING TO THE IMPLEMENTATION OF KAZAKHSTAN’S RATIFIED TREATIES." Bulletin of the Institute of Legislation and Legal Information of the Republic of Kazakhstan 80, no. 2 (2025): 302–10. https://doi.org/10.52026/2788-5291_2025_80_2_302.

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The study is dedicated to formulating recommendations for addressing an issue arising from the first sentence of paragraph 3, Article 4 of the 1995 Constitution of Kazakhstan. This provision presents a potential risk of the state violating the principle of pacta sunt servanda, which is binding upon Kazakhstan under both customary international law and the law of treaties. The position advanced in this study is based on the observation that the constitutional provision in question, which addresses the priority of treaties in the event of a substantive conflict with domestic law, is limited to r

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Henderson, James (Sakej) Youngblood. "Interpreting Sui Generis Treaties." Alberta Law Review 36, no. 1 (1997): 46. http://dx.doi.org/10.29173/alr1019.

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This article explores the interpretive principle of sui generis treaties introduced by the Supreme Court of Canada since the repatriation of the Constitution in 1982. The article proceeds through an analysis of treaty rights as constitutional rights, contextual analysis of Indian Treaties, the intent of the treaty parties and the principles which govern the interpretation of treaty text. The author concludes that the principles articulated by the Supreme Court of Canada are an attempt to affirm and enhance Aboriginal worldviews and cognitive diversity within the Constitution of Canada.

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Tesón, Fernando R. "THE LIBERAL CONSTITUTION AND FOREIGN AFFAIRS." Social Philosophy and Policy 28, no. 1 (2010): 115–49. http://dx.doi.org/10.1017/s0265052510000075.

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AbstractScholars have debated the meaning of the foreign-relations clauses in the U.S. Constitution. This essay attempts to outline the foreign-relations clauses that an ideal constitution should have. A liberal constitution must enable the government to implement a morally defensible foreign policy. The first priority is the defense of liberty. The constitution must allow the government to effectively defend persons, territory, and liberal institutions themselves. The liberal government should also contribute to the advancement of global freedom, subject to a number of conditions, especially

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Nyarango, Archibold Ombongi. "A Jigsaw Puzzle or a Map? The Role of Treaties under Kenya's Constitution." Journal of African Law 62, no. 1 (2017): 25–50. http://dx.doi.org/10.1017/s0021855317000298.

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AbstractKenya's 2010 Constitution marks the first time that treaty law has been constitutionally declared part of Kenya's domestic law. However, the laconic drafting of the relevant provision leaves unanswered questions about the role of treaties. This article seeks to answer some of those questions, addresses conflicts between treaties and other laws, and concludes that treaties can be directly enforceable in domestic law unless they are expressly non-self-executing. Furthermore, domestic courts must apply treaties in accordance with the constitution, although the article also addresses the p

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Korzilius, Sven. "Constitutio posterior non derogat pactis prioribus? Chiles völkerrechtliche Verträge im Kontext der Verfassungsablösung." Zeitschrift für ausländisches öffentliches Recht und Völkerrecht / Heidelberg Journal of International Law 82, no. 3 (2022): 605–40. http://dx.doi.org/10.17104/0044-2348-2022-3-605.

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Chile’s International Treaties in the Context of the Replacement of the Constitution From a public international law perspective, the domestic process ideally does not affect treaty obligations. Already in normal times, however, there are innumerable options to retreat from treaties. The exceptional case of constitutional replacement hardly extends these. Could the ‘eternity clause’ of 2019 (Art. 135 IV of the Chilean Constitution), which states that the contents of international treaties are to be respected, subject the Constitutional Convention to stronger ties than international treaty law

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Azrae, Ahmad Nasyran. "REASSESSING THE ROLES OF THE YANG DI-PERTUAN AGONG AND THE RULERS IN THE MAKING OF INTERNATIONAL TREATIES." UUM Journal of Legal Studies 11 (July 31, 2020): 117–52. http://dx.doi.org/10.32890/uumjls.11.2.2020.8006.

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Malaysia continuously negotiates, signs and ratifies international treaties to foster closer relationship with its counterparts. The Federal Constitution of Malaysia provides no direct provision in granting treaty-making capacity to a specific person(s) or institution(s). However, it may be deduced from the available provisions that such power is exercisbale by the executive arm of the Federal Government. By definition, the executive includes the Yang di-Pertuan Agong, which is elected among the Malay Rulers by the Conference of Rulers. This paper reassesses the roles and functions of the Yang

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Saddam Ibrahim Abdulkhaliq Abuazzam, Saddam Ibrahim Abdulkhaliq Abuazzam. "The Legal status of international treaties in the Jordanian constitution and judiciary: مكانة المعاهدات الدولية في الدستور والقضاء الأردني". مجلة العلوم الإقتصادية و الإدارية و القانونية 5, № 24 (2021): 117–04. http://dx.doi.org/10.26389/ajsrp.m300321.

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This descriptive analytical legal study aimed to clarify the position of international treaties in the Jordanian constitution and judiciary by shedding light on the theoretical trends that determined the status of international treaties in comparative legislation, in addition to verifying the constitutionality of the Jordanian side's signature on some international treaties that occupied Jordanian public opinion. The study revealed that the difference of international law jurists in determining the legal status of international treaties in constitutions and positive laws resulted in three dire

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Guo, Xiaohua, Peter Jensen, and Xinjian Chen. "The naturally arising FoxP3+ CD4+ regulatory T cells preferentially respond to weak TCR stimulation due to constitutive nuclear translocation of NFAT (89.20)." Journal of Immunology 182, no. 1_Supplement (2009): 89.20. http://dx.doi.org/10.4049/jimmunol.182.supp.89.20.

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Abstract Constituting a small fraction of CD4 T cells, the naturally arising FoxP3+ CD4+ Tregs are potent suppressors required for maintenance of self-tolerance. Despite their high potency in suppressing autoimmunity, Tregs appear not to suppress protective immunity against common microbial infections, as a Treg-intact host is fully immunocompetent. How Tregs suppress certain but not all immunity is incompletely understood since the signaling pathway selectively activating Tregs has not yet been determined. We recently reported that weak allo-stimulation preferentially activates allo-reactive

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Greenberg, Sarah B. "Between Covenant and Contract: Jewish Political Thought and Contemporary Political Theory." Religions 14, no. 11 (2023): 1352. http://dx.doi.org/10.3390/rel14111352.

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Social contract theory has long been at the center of political theory, and one of the inheritors of the social contract tradition, liberalism, reverberates through contemporary political life. And yet, an overlooked element of liberalism are the biblical origins of social contract theory. Specifically, how the early modern political theorists were reading Hebrew Bible, and the kinds of interpretive transformations of Hebrew Bible that take place on the pages of works like Thomas Hobbes’ Leviathan, John Locke’s Second Treatise, and more. Covenant is the centerpiece of this entanglement. When d

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