Legal regime of international treaties; The example of Iraq and Turkey
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Abstract (EN)
International law is essentially a consensual law, as those who are addressed by its provisions are the same ones who prohibit its rules and obligate themselves to apply them through their explicit agreements that result from (treaties) or implicit that result from (custom), in order to regulate an international legal relationship or produce legal effects in accordance with the rules of international law. Therfore, the legal actions that result from international will are of great importance not only at the level of the international community in organizing and coordinating its relations, but also at the internal level of the countries that concluded these actions. What is important in the subject of our study are those explicit agreements (treatie)) that were customary procedures and were later codified by the International Law Commission emanating from General Assembly of the United Nations Organization through the developing a draft law of international treaties in 1969; which entered into force in 1980 and is considered today the basic reference and general rule in everything related to international treaties. Therefore, in the first section of our study, we will discuss the concept of the treaty in general and explain its types, elements, the principles on which it is based, in addition to determining who has the authority to conclude it. International treaties, once they are concluded, have legal effects and achieve international responsibility, but they are not concluded automatically, but rather go through stages to gain the status of legitimacy internationally and internally, so in the second section will address the external stages, cases of their termination and invalidation of international treaties, types of invalidation, its causes and the consequences resulting from it will be addressed. In the third section, two different models for concluding the international treaty, acquiring the status of legitimacy, and determining their status internally according to the Turkish and Iraqi legal system will be cited as examples of what was explained in the first chapters, and the possibility of the provisions of international treaties conflicting with higher rules and methods of resolving the conflict will also be addressed.
Author
Halah Jabbar Mohın
How to Cite
Halah Jabbar Mohın (Master Thesis). Legal regime of international treaties; The example of Iraq and Turkey, 2023, Ankara University.
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