Eugenio Hernández-Bretón

in International Law and Domestic Legal Systems

Published in print September 2011 | ISBN: 9780199694907
Published online January 2012 | e-ISBN: 9780191731914 | DOI:

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Several provisions of the 1999 Venezuelan Constitution refer to international agreements or treaties. However, the most relevant are: Article 154, which generally requires an Act of Parliament before the President of the Republic ratifies an international treaty; and Article 23 that grants human right treaties constitutional hierarchy to the extent that those treaties contain provisions more favourable than domestic legislation, and also orders their direct and immediate application by courts and public offices. In practice, no particular procedure is followed for the incorporation of customary international law into Venezuelan law. Treaties are considered to have the same hierarchy as laws, but treaties are given preferential application vis-à-vis domestic laws in respect of the subject matter regulated by the treaty.

Keywords: Venezuelan law; customary international law; constitutional law; constitution; treaties; domestic laws

Chapter.  2201 words. 

Subjects: Public International Law

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