Procedural and objective provisions for Palestine’s accession to the international treaties
الأحكام الإجرائية والموضوعية لانضمام فلسطين للمعاهدات الدولية
DOI:
https://doi.org/10.53840/alirsyad.v3i2.2Keywords:
International Treaties, Legislation, PalestineAbstract
International treaties are among the most important sources of international law. Recent years have witnessed an exaggerated interest by the international community in the development of the international legal system through the legislation of treaties and the implementation of international commissions, bodies, and non-governmental organizations. The State is no longer bound by the national Constitution and domestic legislation but by a series of international treaties and their obligations and responsibilities at the international and national levels. In order to ensure the validity of these procedures, the treaty requires the parties to regulate procedures for the accession to treaties within the national legal system and to determine the legal value of the international treaty in national law and the mechanism of integration and harmonization, whether by an independent law or by texting in the Constitution on the validity of the signing of treaties and its ratification. There is no doubt that the legal position in the Palestinian legislation is unclear regarding the procedural and substantive provisions of international treaties and their application in the legal system, compared to other laws that deal strictly with the legal organization of international treaties. This study aims at separating the procedural and substantive provisions of the accession to international treaties and their applications in the State of Palestine, including the identification of the competent authority to sign the Convention, the mechanism for its ratification, and the legal value accorded to the international treaty in Palestinian legislation by using the analytical descriptive method, the historical method, and the comparative method.
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