Treaty - Execution and Implementation

Execution and Implementation

Treaties may be seen as 'self-executing', in that merely becoming a party puts the treaty and all of its obligations in action. Other treaties may be non-self-executing and require 'implementing legislation'—a change in the domestic law of a state party that will direct or enable it to fulfill treaty obligations. An example of a treaty requiring such legislation would be one mandating local prosecution by a party for particular crimes.

The division between the two is often not clear and is often politicized in disagreements within a government over a treaty, since a non-self-executing treaty cannot be acted on without the proper change in domestic law. If a treaty requires implementing legislation, a state may be in default of its obligations by the failure of its legislature to pass the necessary domestic laws.

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Famous quotes containing the words execution and and/or execution:

    If I were asked to chose between execution and life in prison I would, of course, chose the latter. It’s better to live somehow than not at all.
    Anton Pavlovich Chekhov (1860–1904)

    It is clear that in a monarchy, where he who commands the exceution of the laws generally thinks himself above them, there is less need of virtue than in a popular government, where the person entrusted with the execution of the laws is sensible of his being subject to their direction.
    —Charles Louis de Secondat Montesquieu (1689–1755)