International treaties and the procedures of incorporating them into the domestic legal system

Abstract

This study examines international treaties and procedures of its implementation in the domestic legal system in accordance with the Iraqi Constitution of 2005 and in comparison, to constitutions of other countries.

The International Treaty is an agreement between two or more of individuals of International General Law to achieve certain goals.

The procedures for concluding international treaties within the framework of the General International Law are different from the procedures for concluding within the framework of domestic law.

Since the constitution considers as a conjunction point of both laws: International General Law and Domestic Law, therefore, it is essential to know the stances of the states in receiving of the international treaties into the domestic law through their constitutions. In general, states use two approaches to such a reception, based on their adherence to one of the theories of the relationship between international law and domestic law: the theory of dualism and the theory of Monism.