view

THE APPLICATION OF INTERNATIONAL TREATIES IN MACAO: AN HISTORICAL AND COMPARATIVE STUDY

THE APPLICATION OF INTERNATIONAL TREATIES IN MACAO: AN HISTORICAL AND COMPARATIVE STUDY

Click here to read the article

Abstract: There is no uniform practice regarding how international treaties may become part of a municipal legal system. The principle of dualism requires a state to positively adopt a treaty as part of its law if the treaty is to have legal effect. Monism is founded on the understanding that no legislative action is needed for the reception of an international treaty into a domestic legal system. The declaration that a state is bound by a treaty makes such treaty part of its local law, and a treaty ranks above all other sources of law except the constitution of the state. Macao generally adheres to monism and there are areas where treaties are received into the Macao legal system through legislation or administrative regulation, so that courts can apply such treaty provisions in dispute settlement. This article compares the practice of treaty application in Portugal, China, Macao and Hong Kong and concludes that modification of the monist theory in Macao has much to commend.

Keywords: domestication of treaties; dualism; incorporation of treaties; human rights covenants; Macao Basic Law; monism; status of treaties in municipal law

Click here to read the article

You may also like

Alan Reed and Elaine Hall

Contemporary Issues in Legal Education
Jack Burke and Shaun McCarthy

SHOULD REMOTE HEARINGS BE EXTENDED POST THE COVID-19 PANDEMIC IN HONG KONG AND WHAT COULD BE THE RAMIFICATIONS FOR PRACTICAL LEGAL TRAINING?
Wang Chao and Xiang Xin

Author's other articles in JICL
THE APPLICATION OF INTERNATIONAL TREATIES IN MACAO: AN HISTORICAL AND COMPARATIVE STUDY
VOLUME JUNE 2023

View PDF file

View PDF file

View PDF file

View PDF file

Login/Register

Submissions

JICL welcomes full length articles (generally not exceeding 13,000 words inclusive of footnotes), shorter contributions in the form of notes and comments (generally not exceeding 8,000 words inclusive of footnotes) and book review articles of not more than 6,000 words.

We accept contributions for consideration on an exclusive submission basis. When submitting an article please certify that it is an unpublished article (that is, it has not been previously published in substantially similar form or with substantially similar content) and that it is not under consideration by any other journal.

To facilitate anonymous review, please give the names of authors and their short biographical information and acknowledgments in a separate page.

Authors retain copyright in the words used, but upon submission of material for publication, grant Sweet & Maxwell a licence to publish the submission in print and/or digital formats. Sweet & Maxwell retains copyright in the design, format and layout of all material published in JICL.

Once submissions are published, authors are entitled to one copy of the issue, 10 offprint copies and a PDF version of the submission.

Authors who send articles published in JICL to other publishers or media must include a reference to the publication of the article by JICL and Sweet & Maxwell.

Contributions and book reviews should be submitted in Microsoft Word format by way of email attachment to Professor Anton Cooray at Anton.cooray.1@city.ac.uk.

Style Guide

Authors should follow the OSCOLA citation system (http://www.law.ox.ac.uk/publications/oscola.php), except that we prefer authors to use indenting sparingly.

JICL uses the following heading levels: Main headings are in bold and preceded by a Roman numeral; second-level headings are in bold and italics and preceded by an uppercase alphabet; third-level headings are preceded by an Arabic numeral; and fourth-level headings are in italics and preceded by a lowercase alphabet.