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Are There Differences in Treaty Implementation Practices Among Common Law and Civil Law Countries?

Implementing treaties is different in common law and civil law countries:

Common Law Countries:

  • These countries usually depend on judges to explain and apply treaties.
  • About 75% of them need new laws to make treaties work.

Civil Law Countries:

  • These countries have a clear set of rules. When they agree to a treaty, it automatically becomes part of their laws.
  • Around 90% of civil law countries include treaties in their legal system right away.

How They Work:

  • In common law countries, there's often a two-step process. First, they agree to the treaty (this is called ratification), then they create laws to use it.
  • In civil law countries, as soon as they agree to the treaty, it can be used in their laws.

These differences can change how quickly and effectively countries follow and apply treaties.

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Are There Differences in Treaty Implementation Practices Among Common Law and Civil Law Countries?

Implementing treaties is different in common law and civil law countries:

Common Law Countries:

  • These countries usually depend on judges to explain and apply treaties.
  • About 75% of them need new laws to make treaties work.

Civil Law Countries:

  • These countries have a clear set of rules. When they agree to a treaty, it automatically becomes part of their laws.
  • Around 90% of civil law countries include treaties in their legal system right away.

How They Work:

  • In common law countries, there's often a two-step process. First, they agree to the treaty (this is called ratification), then they create laws to use it.
  • In civil law countries, as soon as they agree to the treaty, it can be used in their laws.

These differences can change how quickly and effectively countries follow and apply treaties.

Related articles