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This article seems to have wondered a long way from reality. As far as I know transposition is an EU legal term which applies to the implementation of directives. The implementation of treaties is referred to as incorporation.
Moreover the effect of treaties in domestic law always depends on domestic legal rules. No treaties ever automatically become part of the domestic law of a state unless the domestic law provides that they do (ie in monist systems).
I'm going to add some fact templates. Blue-Haired Lawyer 11:55, 3 September 2008 (UTC)
Come to think of it, it's really the wrong terminology that's the problem. Transposition and Direct effect are EU law terms and don't really belong here. Even one of the sources refers to incorporation and not transposition. Transposition involves implementing EU directives, not treaties which can require incorporation in certain legal systems. In the UK, EU treaties must first be incorporated in domestic law by an act of parliament. Only then does the possibility of direct effect (another EU law term) arise. Blue-Haired Lawyer 14:34, 3 September 2008 (UTC)
The article also confuses different kinds of treaties: self-executing and non-self-executing. In a pure monist system only the latter would require incorporation. While in a pure dualist system both require incorporation. Blue-Haired Lawyer 14:48, 3 September 2008 (UTC)
While a split between EU law and public international law might well be desirable, I don't see the rush here, nor do I see any references for "Incorporation" over "Implementation", yet another word used in English for the process described here. Nor do I actually see how your edits have improved either of the articles. Perhaps your would like to take some time to explain your actions. Physchim62 (talk) 19:27, 3 September 2008 (UTC)
Is the US really half way between monism and dualism? As far as I can tell the only difference between the US and the Netherlands on this is that the Netherlands don't require a super-majority in parliament.
Is it true that treaties can be incorporated by a normal Act of Congress, if the super-majority cannot be achieved? Does anyone have an example? — Blue-Haired Lawyer 12:29, 16 January 2009 (UTC)
The links from both Monism and Dualism link to the philosophical system, which have nothing to do with international law. DJ Clayworth ( talk) 16:24, 5 September 2013 (UTC)
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This article seems to have wondered a long way from reality. As far as I know transposition is an EU legal term which applies to the implementation of directives. The implementation of treaties is referred to as incorporation.
Moreover the effect of treaties in domestic law always depends on domestic legal rules. No treaties ever automatically become part of the domestic law of a state unless the domestic law provides that they do (ie in monist systems).
I'm going to add some fact templates. Blue-Haired Lawyer 11:55, 3 September 2008 (UTC)
Come to think of it, it's really the wrong terminology that's the problem. Transposition and Direct effect are EU law terms and don't really belong here. Even one of the sources refers to incorporation and not transposition. Transposition involves implementing EU directives, not treaties which can require incorporation in certain legal systems. In the UK, EU treaties must first be incorporated in domestic law by an act of parliament. Only then does the possibility of direct effect (another EU law term) arise. Blue-Haired Lawyer 14:34, 3 September 2008 (UTC)
The article also confuses different kinds of treaties: self-executing and non-self-executing. In a pure monist system only the latter would require incorporation. While in a pure dualist system both require incorporation. Blue-Haired Lawyer 14:48, 3 September 2008 (UTC)
While a split between EU law and public international law might well be desirable, I don't see the rush here, nor do I see any references for "Incorporation" over "Implementation", yet another word used in English for the process described here. Nor do I actually see how your edits have improved either of the articles. Perhaps your would like to take some time to explain your actions. Physchim62 (talk) 19:27, 3 September 2008 (UTC)
Is the US really half way between monism and dualism? As far as I can tell the only difference between the US and the Netherlands on this is that the Netherlands don't require a super-majority in parliament.
Is it true that treaties can be incorporated by a normal Act of Congress, if the super-majority cannot be achieved? Does anyone have an example? — Blue-Haired Lawyer 12:29, 16 January 2009 (UTC)
The links from both Monism and Dualism link to the philosophical system, which have nothing to do with international law. DJ Clayworth ( talk) 16:24, 5 September 2013 (UTC)
Hello fellow Wikipedians,
I have just modified 2 external links on Incorporation of international law. Please take a moment to review my edit. If you have any questions, or need the bot to ignore the links, or the page altogether, please visit this simple FaQ for additional information. I made the following changes:
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This message was posted before February 2018.
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have permission to delete these "External links modified" talk page sections if they want to de-clutter talk pages, but see the
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source check}}
(last update: 5 June 2024).
Cheers.— InternetArchiveBot ( Report bug) 03:41, 10 April 2017 (UTC)