Chapter

Luxembourg

Patrick Kinsch

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/9780199694907.003.0015
Luxembourg

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Luxembourg's Constitution has no provision that concerns either the status of general public international law in the internal legal order of Luxembourg, or the hierarchy between norms (written and unwritten) of international law and norms of national law. There are three conditions for the application of treaties by internal authorities: the agreement invoked must be binding in international law, it must have been introduced into the domestic order, and the provisions to be applied must be provisions of direct applicability. Unwritten public international law does not have the same role as international treaties within the legal order of Luxembourg. Its role is not, however, non-existent. The hierarchical position of customary public international law in the law of Luxembourg is also unknown.

Keywords: customary international law; constitutional law; treaties; constitution; national law

Chapter.  12333 words. 

Subjects: Public International Law

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