Chapter

Germany

Hans-Peter Folz

in International Law and Domestic Legal Systems

Published in print September 2011 | ISBN: 9780199694907
Published online January 2012 | e-ISBN: 9780191731914 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199694907.003.0009
Germany

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The Basic Law (Grundgesetz, GG), as the German constitution is known, does not explicitly refer to specific sources of international law. However, it refers in a variety of provisions to legal concepts deriving from international law. German courts are apt to apply international treaties as law as long as they have been formally submitted to the legislature before ratification. The rank of international treaties in the German legal order is determined by Article 59, paragraph 2 GG. Since the legislature gives its assent to treaties in the form of a statute, treaties have the rank of an ordinary statute.

Keywords: German law; customary international law; constitutional law; treaties; international agreements; Basic Law; constitution

Chapter.  3964 words. 

Subjects: Public International Law

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