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DOI: https://doi.org/10.34069/AI/2024.74.02.8
How to Cite:
Baimuratov, M., Kofman, B., Bobrovnik, D., & Yefremova, N. (2024). Research on the impact of international agreements and
standards on national legal systems and legal order. Amazonia Investiga, 13(74), 90-102. https://doi.org/10.34069/AI/2024.74.02.8
Research on the impact of international agreements and standards on
national legal systems and legal order
Дослідження впливу міжнародних договорів та стандартів на національні правові системи та
правопорядок
Received: December 21, 2023 Accepted: January 28, 2024
Written by:
Mikhailo Baimuratov1
https://orcid.org/0000-0002-4131-1070
Boris Kofman2
https://orcid.org/0000-0003-0599-9143
Denis Bobrovnik3
https://orcid.org/0000-0002-1142-6926
Natalia Yefremova4
https://orcid.org/0000-0003-0497-2619
Abstract
In the contemporary world, where globalization
is intensifying, the significance of international
agreements and their impact on national legal
systems is increasing. International agreements
serve not only as the foundation for regulating
interstate relations but also as a crucial tool for
unifying legal norms, promoting the protection
of human rights, sustainable development,
economic cooperation, and environmental
protection. The analysis of theoretical aspects
demonstrates that international agreements are a
crucial element of the global legal system,
providing a basis for international cooperation.
Studying the practical application of
international agreements in national legal
systems has revealed various mechanisms for
implementing and adapting international norms
to domestic legislation. Discussions on the
challenges of compatibility, sovereignty, the
effectiveness of international agreements, and
the adaptation of international norms to the
national context have highlighted the need to
balance the requirements of international law
1
Doctor habilitat of legal sciences, professor, socio-legal faculty, department of political sciences and law, South Ukrainian National
Pedagogical University named after K.D. Ushinsky, Ukraine. WoS Researcher ID: KCJ-8316-2024
2
Professor of the department, doctor of legal sciences, senior researcher, Department of Law, Alfred Nobel University, Ukraine.
WoS Researcher ID: KCJ-6648-2024
3
PhD in Economics, director, Faculty of Law, Department of Constitutional and Administrative Law, National Aviation University,
Ukraine. WoS Researcher ID: КСК-3228-2024
4
Docent of the Department of History of State and Law, Candidai of Legal Sciences, Department of History of State and Law, National
University "Odesa Law Academy", Ukraine. WoS Researcher ID: KCK-3461-2024
Baimuratov, M., Kofman, B., Bobrovnik, D., Yefremova, N. / Volume 13 - Issue 74: 90-102 / February, 2024
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with national peculiarities. The study's
conclusions emphasize the importance of
integrating global norms from international
agreements into national legal systems. Further
research should focus on developing flexible
mechanisms for implementing international
agreements that consider the specificities and
needs of different states. Additionally, it is
important to analyze the impact of technological
development on international law.
Keywords: international treaties, national legal
systems, globalization, international law, legal
integration, sovereignty, effectiveness of
international treaties, adaptation of legal norms.
Introduction
In the era of globalization, the diminishing
relevance of interstate borders for the flow of
capital, dissemination of information, and
mobility of human resources underscores the
growing influence of international norms and
standards on the sovereign legal systems of
states. This phenomenon is largely attributed to
the proliferation of international treaties aimed at
the harmonization of legal norms, the
safeguarding of human rights, and the
fortification of international security (Hoffman et
al., 2022; Henckaerts, 1998). Despite the
cornerstone principle of national sovereignty
within the contemporary legal order, the process
of integration profoundly permeates every facet
of state existence, affecting economic, social,
political, and legal frameworks alike (Hoffman &
Røttingen, 2015; Simmons & Hopkins, 2005).
The present study embarks on an analytical
journey to discern the influence exerted by
international treaties and standards upon national
legal systems and their enforcement
mechanisms. Central to this inquiry is the
exploration of the dynamic interplay between
international and domestic laws, with the
overarching aim of fostering legal predictability
and advocating for the establishment of universal
standards governing justice, human rights, and
democratic principles (Heyns & Viljoen, 2021;
Goodman & Jinks, 2003). Achieving such
objectives necessitates a meticulous examination
of the processes involved in the assimilation of
international norms into national legislatures,
either through the direct incorporation of these
norms or via the modification of pre-existing
legal principles to align with international
mandates (Dolzer, 2004; Kameri-Mbote, 2004).
This discourse delves into the modalities and
repercussions associated with the external
imposition of legal frameworks on national
jurisdictions, highlighting both the benefits and
the impediments encountered in the global
standardization of legal norms (Bonnitcha, 2017;
Brandi, Blümer, & Morin, 2019). Through the
lens of specific case studies, the analysis
endeavors to elucidate the practicalities and
intricacies of integrating international treaties
within various national legal systems. Such an
approach facilitates the formulation of well-
grounded insights concerning the efficacy and
obstacles inherent in the global harmonization of
legal standards (Montini, 2011; Versteeg, 2015).
The escalating dynamics of globalization have
profoundly underscored the significance of
international treaties, heralding a new era where
the symbiosis between international norms and
national legal frameworks has become
indispensable. In this ever-integrating world,
where the flux of capital, information, and human
resources transcends borders, the essence of legal
sovereignty is continuously recalibrated through
the lens of international law. This intricate
interplay not only facilitates a cohesive
regulatory milieu for interstate relations but also
cements a foundational basis for advancing
human rights, economic synergy, environmental
stewardship, and sustainable development on a
global scale.
As we delve into the intricacies of this study, our
exploration is meticulously sectioned to foster a
comprehensive understanding of the subject.
Initially, we embark on a journey through the
historical evolution of international treaties,
tracing their genesis and the pivotal role they
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play in the tapestry of global governance. This
segment illuminates how treaties have evolved
from mere instruments of diplomatic accord to
become pivotal in shaping the legal and social
order of nations.
Subsequently, we navigate the theoretical
underpinnings that form the backbone of
international treaties. Here, we dissect the dual
nature of treaties as both products of sovereignty
and instruments for its limitation, revealing the
delicate balance between national autonomy and
international obligation. Through a nuanced
examination, this section unravels the complex
mechanics of treaty implementation,
highlighting the myriad ways through which
international norms are assimilated into domestic
legal landscapes.
The core of our inquiry scrutinizes the practical
application and impact of international treaties
within national legal systems. Through an array
of case studies, we unveil the transformative
power of treaties, showcasing their instrumental
role in harmonizing legal norms across
jurisdictions and catalyzing legal reform. This
examination is not merely descriptive but
analytical, identifying both the synergies created
and the tensions engendered by the integration of
international standards into national law.
In addressing the rationale for our study, it
becomes evident that the relevance of this inquiry
is anchored in the pressing need to understand the
mechanics of legal globalization. The
proliferation of international treaties and the
imperative to harmonize legal norms underscore
the critical role of legal scholarship in navigating
the challenges and opportunities presented by
this global legal mosaic. This study, therefore,
not only seeks to elucidate the dynamics of treaty
law but also to contribute to the discourse on
legal integration, offering insights that could
guide future legislative and judicial endeavors.
In conclusion, our investigation reaffirms the
pivotal role of international treaties in sculpting
the contours of national legal systems. By
fostering a dialogue between international and
domestic law, treaties emerge not merely as
instruments of legal governance but as
harbingers of a more just, sustainable, and
interconnected world. Through this scholarly
voyage, we endeavor to shed light on the paths
through which the principles of international
cooperation and legal harmonization can be
furthered, thereby reinforcing the edifice of
global legal order for future generations.
Literature review
The title's topic has garnered significant attention
from scholars on both sides of the Atlantic. For
example, Hoffman and colleagues (Hoffman et
al., 2022) critically evaluates the effectiveness of
international agreements, arguing that most of
them fail to achieve their stated objectives. This
analysis provides crucial context for
comprehending the challenges that states
encounter when integrating international
standards into their legal systems. Dolzer (2004)
examines the impact of international investment
agreements on domestic administrative law. The
author argues that these agreements can
significantly influence national legislation by
promoting investor protection and legal norm
harmonization. This work emphasizes the
importance of adapting national legal systems to
meet international requirements.
Heyns and Viljoen (Heyns & Viljoen, 2021)
analyse the influence of international human
rights treaties on national law and policy. They
demonstrate how states' obligations within the
framework of the UN affect domestic law
application and human rights policy. This
approach highlights the increasing impact of
international norms on national legal standards.
Simmons and Hopkins (2005) present theoretical
considerations on the constraining power of
international agreements and offer a
methodology for assessing their impact on state
behaviour. This work contributes to
understanding the mechanisms through which
international agreements influence national legal
systems, supporting the idea of limiting
sovereignty in the interest of the common good.
Hoffman and Røttingen (2015) conducted a
quantitative evaluation of the expected impact of
global health agreements. Their findings confirm
that while some agreements have significant
positive effects, overall effectiveness remains
insufficient. Therefore, further research and
improvement of implementation mechanisms are
necessary.
Bonnitcha's (2017) research assesses the impact
of investment treaties and summarizes evidence
of their influence on participating states. This
analysis complements previous studies by
providing a more specific understanding of the
economic and legal consequences of such
treaties. Montini's (2011) research is noteworthy
as it examines the influence of international
agreements on climate change in southeastern
European countries, highlighting the importance
of global collaboration in tackling environmental
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issues. The study emphasizes the role of
international agreements in shaping national
policies on environmental protection.
Examining the impact of human rights treaties,
Goodman and Jinks (2003) draw attention to how
international agreements contribute to
strengthening human rights protections at the
national level. They provide empirical evidence
of states adapting domestic legislation to
international standards, which is crucial for
understanding the mechanisms through which
international treaties influence national law in the
context of human rights. Brandi, Blümer, and
Morin (2019) investigated the impact of
international treaties on domestic environmental
legislation. They found that such treaties can
prompt the adoption and implementation of more
stringent environmental standards, serving as a
catalyst for the development of national
environmental policies.
In his 1990 work, Salacuse examines the impact
of bilateral investment treaties on attracting
foreign investment in developing countries. The
study highlights the significance of such treaties
in terms of investor protection and fostering
economic development. Opeskin and Rothwell
(Opeskin & Rothwell, 1995) investigate the
impact of international treaties on Australian
federalism, highlighting the complexities of the
relationship between international obligations
and the internal distribution of powers. This
study helps to understand the challenges faced by
federal states in implementing international
agreements. Henckaerts (Henckaerts, 1998)
provides information on self-executing treaties
and their impact on national legal systems. His
work serves as a guide for researchers studying
the integration of international norms into
domestic law, emphasizing the importance of
understanding the legal mechanisms of this
process.
Weisburd (Weisburd, 1995) analyses the impact
of international treaties and other formal
international acts on customary law in the field of
human rights. The author examines the influence
of international agreements on the development
and application of customary law, emphasizing
their importance for the protection of human
rights. Kaminski (2023) discusses the UN
investigation into the potential conflicts between
investment policies and human rights protection
arising from investment treaties. This research
highlights the increasing attention paid to the
interaction between economic agreements and
human rights.
Versteeg (2015) analyses the impact of
international human rights treaties on national
constitutions, demonstrating how international
law can stimulate the formation and
strengthening of national constitutional
guarantees. The study examines how
international norms affect the development of
domestic legal standards.
Continuing the analytical review, Atteritano and
Deli (2016) provide an overview of the impact of
international sanctions on treaties and contracts.
The authors explore how coercive diplomacy and
sanctions can influence international agreements.
This research is crucial for understanding the
dynamics of international law and economics,
highlighting specific challenges for states and
corporations in the context of international
relations. Hashmi and colleagues (2022)
analysed the impact of international human rights
treaties on national legislation and found that
such agreements strengthen national legislative
frameworks in the field of human rights. This
provides empirical evidence of their
effectiveness.
Roberg (Roberg, 2006) discusses the
significance of international treaties and their
ratification. This work sheds light on the
processes underlying international agreements
and their impact on international cooperation and
legislative practices. Moyn (Moyn, 2012)
examines the effectiveness of human rights
treaties in changing national practices. This
analysis provides a more in-depth understanding
of the limitations and possibilities in the context
of international law and human rights protection.
Kameri-Mbote (2004) investigates the impact of
international treaties on land rights and
resources, emphasizing their significance in
ensuring land and resource rights in Africa. This
research highlights the important role of
international agreements in shaping policies
aimed at protecting and sustainably using natural
resources. Zakari et al. (2021) analysed the
impact of international environmental treaties on
the environment in countries with varying levels
of resource endowment. The study found that
international obligations can contribute to
improving the environmental condition,
regardless of a country's economic status.
Son (2023) analyses the impact of international
treaties, including the ILO Maternity Protection
Conventions, on participating and non-ratifying
countries. The research examines their influence
on healthcare and social protection policies in
160 countries, highlighting the global impact of
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international standards on improving working
conditions and social protection. Roberts and
Okanya (Roberts & Okanya, 2022) conducted a
comparative study on the socio-economic impact
of forced evictions and illegal demolitions in
displaced and existing informal settlements.
Their work highlights the social and economic
consequences of international and national
policies that affect human rights and living
standards in vulnerable communities.
In his work “International Law and Global
Governance: Treaty Regimes and Sustainable
Development Goals Implementation”,
Harrington (2021) highlights the importance of
international law and global governance in
achieving sustainable development goals. The
author demonstrates how international
cooperation and treaty mechanisms can
contribute to achieving global sustainable
development goals by analyzing treaty regimes.
The text highlights the importance of legal
instruments in addressing global challenges.
Townsend et al. (2021) analyze the role of health
in shaping trade policy, specifically examining
successes in tobacco control and access to
medicines. The authors emphasize the
importance of considering health in trade
decision-making processes, highlighting global
trade agreements like the Trans-Pacific
Partnership.
In their 2022 study, Dotti, Spithoven, and
Ysebaert investigate the economic impact of
international and European institutions on cities.
They demonstrate the advantages of being a
“multicapital” city and underscore the
importance of international and regional
cooperation for economic development. The
study confirms the significance of geopolitical
location and institutional infrastructure.
Anser, Apergis, and Syed (2021) investigated the
relationship between economic policy
uncertainty and CO2 emissions in highly
polluted countries. Their study emphasizes the
importance of incorporating environmental
concerns into policymaking.
Bernaz (2021) proposes a conceptualization of
corporate responsibility in international law,
considering models for a business and human
rights treaty. This work highlights the
significance of developing international legal
frameworks to ensure corporate responsibility,
thereby contributing to the protection of human
rights in the context of globalization.
Slagter and Van Doorn (Slagter & Van Doorn,
2022) provide fundamental perspectives on
international law, underscoring its role in shaping
the global order and addressing transnational
challenges. This work is crucial for
understanding the foundations of international
law and its impact on global politics.
In their analysis, Tanzi and Arcari (2021)
examine the UN Convention on the Law of
International Watercourses as a framework for
shared use. They emphasize the significance of
international water law for sustainable
development and cooperation. The research
underscores the crucial role of international
agreements in managing transboundary water
resources.
In their respective works, Reiners (2021) and
Mayer (2021) explore the intersection of
international law and human rights. Reiners
highlights the significance of transnational
collaboration among activists and organizations
in promoting human rights globally. Meanwhile,
Mayer investigates the potential of international
legal obligations in addressing climate change as
a human rights issue. This text examines the
potential of international human rights law as a
tool to address climate change.
Comstock (Comstock, 2021) analyses UN
human rights treaties and legal pathways to
commitment and compliance in his extensive
work “Committed to Rights: Volume 1: UN
Human Rights Treaties and Legal Paths for
Commitment and Compliance”. This book is a
valuable resource for understanding mechanisms
to ensure compliance with international human
rights obligations and the impact of these treaties
on national legal systems.
Kolb (Kolb, 2023) in “The Law of Treaties: An
Introduction” provides an introduction to treaty
law, covering fundamental principles and the
practice of applying international treaties. The
book serves as a foundational guide for
understanding the structure and functioning of
international treaty law.
Nikogosian (Nikogosian, 2021) discusses key
aspects of a potential pandemic treaty in “A
Guide to a Pandemic Treaty”. The research
provides important insights to aid decision-
making regarding such a treaty and is relevant in
the context of seeking international responses to
global health crises.
Bicchi and Schade (Bicchi & Schade, 2022)
analyse long-term trends and the impact of the
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Lisbon Treaty on European diplomacy, exploring
changes in EU external relations and policies.
The work emphasizes notable alterations in the
EU's international role and diplomatic practices.
In their article, Huda, Heriyanto, and Wardhana
(2021) emphasize the importance of
constitutional review of the law on the
ratification of international treaties by the
Constitutional Court of Indonesia. This review
ensures compliance of international obligations
with the national constitution.
Hamm (2022) analyses the challenges of
regulating business and human rights, focusing
on the development of the UN Guiding Principles
and international treaties. The work points to the
difficulty of achieving consensus and legitimacy
in international regulation.
Chaisse and Dimitropoulos (2023) examine the
interaction between domestic investment laws
and international economic law in the context of
the liberal international order. They analyse the
impact of national legislation on international
economic relations.
In his work, M. Hosseini (2023) examines the
development of global solidarity in healthcare
during times of crisis, with a focus on the legal
implications of a potential pandemic treaty. The
author highlights the significance of international
collaboration in addressing global health
emergencies.
Teleki (Teleki, 2021) analyses procedural
fairness and fair judicial review in EU
competition law, pointing to the influence of
Article 6 of the European Convention on Human
Rights. This research is important for
understanding the interaction between EU law
and human rights.
De Vries and Spijkerboer (2021) examine the
impact of colonialism on the case law of the
European Court of Human Rights in relation to
the regulation of international migration and the
role of race. The study highlights the lasting
influence of colonial legacies on the protection of
migrant rights and migration regulation.
Ferreira (2021) examines the improper use of tax
treaties by participating states, emphasizing the
challenges and issues associated with
international tax law. This research is relevant for
understanding potential abuses of tax treaties and
their impact on the international economy.
Sand and McGee (2022) provide an overview of
lessons learned from two decades of international
environmental agreements, analyzing their legal
aspects. This text highlights the significance of
global environmental challenges being addressed
through international cooperation and
agreements.
The purpose of the article is to analyze the impact
of international treaties on national legal systems
and legislation, with a focus on their role in
ensuring the implementation of sustainable
development goals, protecting human rights,
regulating economic relations, and implementing
environmental standards.
Methodology
This research is theoretical and descriptive by
nature. Therefore, our methodology integrates
systemic, structural-functional approaches, and
methods of analysis and synthesis to
comprehensively study the impact of
international treaties on national legal systems.
International treaties are considered as part of the
global legal system, where each treaty interacts
with other elements and influences the structure
of international legal relations. The structural-
functional approach enables the analysis of how
international treaties impact national legal
systems. It assesses their role in performing
functions such as protecting human rights,
regulating economic relations, and promoting
sustainable development. The approach uses
analysis and synthesis to study the content,
objectives, and consequences of international
treaties in detail. Analysis enables the dissection
of each treaty into components to comprehend its
structure, mechanisms of influence on national
legislation, and relationships with other legal
acts. Synthesis is employed to generalize the
obtained data, formulate conclusions about the
overall impact of international treaties on legal
systems, and develop recommendations for
optimizing their implementation and
enforcement.
The qualitative dimension of our research hinges
on an analysis, aimed at dissecting the substance,
aims, and outcomes of international treaties
impact on national legal orders. This involves
outlining the structural components, mechanisms
through which international agreements and
standards influence national legislations, and its
interrelations with other legal instruments. This
detailed examination is instrumental in unveiling
the multifaceted roles played by international
treaties, notably in the realms of human rights
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protection, economic regulation, and the
promotion of sustainable development.
Simultaneously, the quantitative aspect of our
study leverages statistical analysis to evaluate the
impact of international treaties on national legal
systems quantitatively. Special attention is paid
to the selection of data, which is fundamentally
based on the findings presented in the research
conducted by Hoffman, Baral, Van Katwyk,
Sritharan, Hughsam, Randhawa, & Poirier
(Hoffman et al., 2022).
In synthesizing the insights garnered from both
qualitative and quantitative analyses, this study
not only aims to articulate a comprehensive
overview of the impacts of international treaties
but also endeavors to formulate actionable
recommendations to enhance the efficacy of their
incorporation into national legal regimes. This
integrative methodological design ensures the
study's rigor, offering clear, actionable insights
that contribute to the scholarly discourse on
international law and its intersection with
national legal systems in the face of globalization
and the evolution of international relations.
Through this methodological lens, the study
aspires to provide a substantive contribution to
the ongoing dialogue on the optimization of
treaty implementation and enforcement within
national jurisdictions, underscoring the
indispensable role of methodological clarity and
precision in advancing legal scholarship.
Results and discussions
In the era of globalization, state sovereignty is
frequently challenged by invisible but pervasive
forces of international law. International treaties
are among these forces and act as fundamental
agents of change in national legal systems.
The ratification of international treaties by states
is not only a formal act of foreign policy, but also
a significant step in the process of integrating
international norms and standards into domestic
law. The ratification of an international treaty by
a state triggers two main legal actions. Firstly, it
creates an international obligation for the state to
adhere to the provisions of the treaty. Secondly,
it initiates the process of internal legal
implementation, which may require the
adaptation of national legislation to international
standards. International treaties function as
bridges connecting international and national
law, facilitating the harmonization of legal
systems.
The implementation of international obligations
is not a mechanical or automatic process. It
requires conscious efforts for national legal and
political institutions. It is important to note that
the level of implementation of international
norms varies depending on the specific legal
system of the country, its constitutional
principles, and the general attitude towards
international law. For instance, some countries
automatically incorporate international treaties
into their national law, while others require
additional legislative acts to implement treaty
provisions.
Thus, the ratification of international treaties is
crucial in developing and adapting national legal
systems to changing conditions in the
international community. This process promotes
the unification of international standards and
stimulates internal legal reforms, opening the
way to a more integrated and coordinated global
legal order.
International law can have a significant impact
on national legal systems through international
regimes. These regimes create a complex
network of legal and political connections that
facilitate the influence of international law on
national legal systems. They cover a wide range
of issues, from trade and investment to
environmental protection and human rights, and
establish international standards and principles
that states agree to adhere to by entering into
corresponding international agreements.
International regimes are institutionalized forms
of international cooperation that provide a
structured approach to regulating transnational
issues requiring coordinated action at various
levels. International regimes establish rules of
conduct for states and encourage the
development and implementation of national
legislative and administrative mechanisms to
achieve these international standards. The
influence of international regimes on national
legal systems has both direct and indirect aspects.
Directly, they have an impact through legal
obligations arising from ratified international
agreements. Indirectly, states shape international
standards of conduct through normative
influence, creating expectations for state
behaviour. Adapting national law to meet
international requirements is not automatic and
presents several challenges. This is achieved by
harmonizing international standards with
domestic legal traditions and norms, and
ensuring effective mechanisms for implementing
and monitoring compliance with international
obligations at the national level. International
regimes play a crucial role in the modern system
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of international law. They contribute to the
formation of a unified global system of legal
norms and standards. International regimes act as
catalysts for change in national legal systems,
stimulating the development and adaptation of
legislation to meet international requirements.
The role of international regimes in this context
is significant, as they provide a platform for
dialogue, exchange of experience, and
coordination of actions among states in
addressing global issues.
The implementation of international standards
into national law requires the active participation
and interaction of various actors, including
governments, parliaments, judicial bodies, civil
society, and expert communities. This process
also depends on the state's readiness for reforms
and changes, its political will, and its ability to
adapt domestic legislation to international
obligations.
Simultaneously, the presence of multiple
international regimes with their own distinct
rules and standards can result in conflicts
between different sets of obligations that a state
has assumed. Resolving such conflicts
necessitates flexibility and creativity in finding
legal mechanisms to reconcile different
international and national norms.
International regimes play a crucial role in
shaping the global legal order by promoting the
expansion and deepening of international
cooperation. They compel states to fulfil
international obligations and contribute to the
development of national legal systems in
accordance with global requirements and
challenges. The significance of these processes
cannot be overstated as they make a substantial
contribution to stabilizing international relations
and strengthening the legal foundations of the
international community.
International regimes undoubtedly play a critical
role in forming a unified system of international
law aimed at regulating transnational relations
and challenges. International regimes cover a
wide range of areas, including economics, trade,
environmental protection, and human rights.
They establish a normative framework that
requires participating states to make relevant
changes to their national legal systems.
By agreeing to adopt and adhere to certain rules
and standards, states address global issues and
harmonize their national legislation with
international norms. Adapting national
legislation to international requirements is a
crucial step towards creating a unified
international legal order.
However, it is important to recognize that this
process is not simple. It involves translating
international norms into national law, which
requires careful consideration and attention to
detail. The implementation of international
standards into national legislation presents a
range of complexities and challenges, such as
preserving national sovereignty and potential
conflicts between different international
obligations. States must demonstrate the ability
to compromise, be flexible in the legislative
process, and be ready to cooperate and engage in
dialogue with other states and international
organizations.
In this context, international regimes serve as
instruments of international cooperation and as
important factors driving changes in national
legal systems to align with international
standards and requirements. These processes are
crucial for creating a more stable and predictable
international legal order.
The recent empirical findings by Hoffman
(Hoffman et al., 2002) provide valuable
information in this regard (Figure 1). The series
of graphs presented hereinafter illustrate the
impact of international treaties on various
domains, accountability mechanisms,
institutional effects, and study effects, all of
which are essential for understanding the
efficacy of international law on national legal
systems.
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Figure 1. Treaty effects (Hoffman et al., 2022)
Graph A, titled "Effects by policy domain,"
displays the standardized effect size (Z-statistic)
of different types of treaties on their respective
policy domains. Notably, trade and finance
treaties demonstrate the most significant positive
effect, while security treaties exhibit the least.
Human rights treaties have a substantial sample
size (n=80) but show a wide range of outcomes,
suggesting variability in their impact.
Graph B focuses on "Accountability effects" and
evaluates the role of transparency, oversight,
complaint mechanisms, and enforcement in the
effectiveness of treaties. The presence of
transparency and oversight mechanisms
correlates with positive effects, highlighting their
importance in the successful implementation of
international treaties. Interestingly, even without
enforcement mechanisms, some positive effects
are observed, suggesting that other forms of
accountability may compensate to some extent.
Graph C, "Institutional effects," breaks down the
impact of treaties by the size of the treaty forum,
the type of treaty forum, and the year of treaty
adoption. Larger forums (n≥100) show a more
pronounced positive effect, implying that
broader international cooperation may yield
more impactful results. Additionally, treaties
adopted post-1990 show a positive trend,
reflecting perhaps the evolution of international
law's mechanisms over time.
Finally, Graph D, "Study effects," considers the
locus of evaluated change and when the treaty
was evaluated. Changes in policies and the
ratification of treaties are associated with
positive effects, emphasizing the importance of
formal acceptance and legislative changes at the
national level. The impact on economic and
social outcomes also indicates the broader
implications of treaties beyond immediate legal
changes.
In the context of the article on the influence of
international law on national legal order, these
graphs suggest that the effectiveness of
international treaties is multifaceted, dependent
on various factors including the type of treaty, the
presence and strength of accountability
measures, institutional dynamics, and the broader
impact evaluated through changes in policies and
societal outcomes. The data indicates that while
international treaties have the potential to
significantly affect national legal systems, the
extent and nature of this influence are mediated
by a combination of these complex factors.
The intricacies highlighted by these graphs
suggest that while international treaties are
designed to produce standardized effects across
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national borders, their real-world impact is
nuanced and variable. The effectiveness of these
treaties seems to be enhanced by robust
accountability mechanisms, particularly those
involving oversight and transparency, which
underscores the importance of not only the legal
frameworks but also the institutional structures
that support their enforcement and monitoring.
The positive correlation between the size of
treaty forums and their effects hints at the
potential for more substantial impact through
collective action and broader international
consensus. This collective approach appears to
resonate more effectively with national legal
systems, possibly due to the perceived legitimacy
and support from a larger community of nations.
The graph also suggests that more recent treaties,
reflecting contemporary global values and
concerns, may be more attuned to current legal
and social climates, making their adoption and
integration into national laws more effective.
Furthermore, the specific locus of evaluated
change, such as policy modifications and treaty
ratification, suggests that treaties influence not
only the codified laws but also the broader legal
and regulatory environment. These changes
might extend beyond immediate legal
frameworks, influencing societal norms,
economic practices, and even civil liberties,
which are crucial aspects of the national legal
order.
In sum, the data underscores the multifaceted
relationship between international legal
obligations and national laws, shaped by various
factors that extend beyond the mere content of
treaties. It reinforces the concept that the impact
of international treaties is a complex interplay
between the quality of the treaty itself, the
international and domestic environments at the
time of its adoption, and the subsequent efforts
made to enforce and uphold the treaty's principles
at both the international and national levels.
Jurists and theorists of international law advocate
for the unswerving supremacy of international
over national law, contending that such a
hierarchy ensures unity and coherence in the
international order, thereby facilitating the
resolution of transnational challenges. This
perspective is rooted in the belief that uniform
legal standards across borders are essential for
effective global governance and are succinctly
embodied in the doctrine of "Responsibility to
Protect," as conceptualized within the United
Nations framework (Hoffman et al., 2022). This
principle, while fostering globalization, must be
judiciously balanced against the imperatives of
national sovereignty and the distinctive character
of domestic legal systems.
On the other hand, there are those who caution
against an unqualified primacy of international
law, warning that it may erode the sovereign
prerogatives of states and the distinctiveness of
their legal systems, potentially impeding their
capacity to self-regulate on internal issues and to
accommodate local nuances. This side of the
debate emphasizes the necessity for states to
retain autonomy to ensure that international
norms, when integrated into the domestic legal
milieu, are sensitive to local specificities and do
not disrupt the internal legal harmony (Dolzer,
2004; Hoffman et al., 2015).
Debate also centers around the efficacy of
international treaties in shaping national and
global legal orders. Critics cite the inadequacy of
many international treaties, attributing it to the
absence of rigorous enforcement mechanisms
and penalties for non-compliance, thus diluting
their authority and influence (Hoffman et al.,
2022). Conversely, proponents of international
treaties argue that these agreements are
instrumental in crafting global standards and
facilitate a consensual approach to international
relations, fostering dialogue and cooperation
between states (Simmons & Hopkins, 2005).
The significance of international treaties extends
beyond their immediate efficacy. These
instruments underpin international relations and
cooperative endeavors, and their broader impact
manifests over time, contributing to the
progressive harmonization of legal systems and
the alignment of standards (Henckaerts, 1998;
Brandi, Blümer, & Morin, 2019). Comparing
these findings with previous research
underscores the incremental and nuanced nature
of international law's influence on national legal
frameworks, challenging the dichotomy between
global norms and local application (Bonnitcha,
2017).
In summary, the synthesis of this research within
the broader academic discourse reveals the
intricate nexus between international legal
obligations and their national counterparts. This
interconnection is critical in understanding the
practical implications and significance of
treaties, necessitating a nuanced approach to their
adoption and implementation (Mayer, 2021). The
quest for a "point of balance" continues to
necessitate scholarly inquiry and discourse, as
the international community strives for legal
mechanisms that respect both the global order
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and national sovereignty (Comstock, 2021; Kolb,
2023).
Conclusions
The integration of international treaties into
national legal systems is crucial for creating a
unified legal framework at the international level.
This process harmonizes international and
national legal norms and contributes to the
formation of universally accepted standards in
areas such as human rights protection,
environmental security, and economic
regulation. By providing a platform for jointly
addressing global issues, international treaties
contribute to stabilizing international relations
and supporting sustainable development, while
also facing the need for adaptation to the
specificity of each national legal system.
The analysis of the impact of international
treaties and regimes on national legal systems
shows that these mechanisms of international law
are crucial in shaping global legal consistency
and promoting the standardization of norms
across different legal systems. International
treaties ratified by states and institutionalized
international regimes encourage national legal
systems to incorporate international norms into
their legislation. This enhances legal certainty
and promotes human rights protection,
sustainable development, and international
security. However, harmonizing national
legislations with international standards poses
numerous challenges, including preserving
national sovereignty, coordinating various
international obligations, and adapting national
institutional and legal structures.
To effectively implement international
obligations at the national level, it is necessary to
develop flexible adaptation mechanisms that
ensure compliance with international standards
while preserving the peculiarities of national
legal systems. This requires considering the
conclusions drawn from the analysis of the
challenges faced.
To facilitate the harmonious integration of
international and national norms, it is necessary
to strengthen dialogue and cooperation between
states, international organizations, and civil
society. Institutional and legal innovations
should be developed to achieve this goal. Future
scientific research in this field should concentrate
on examining particular instances of adaptation
and implementation, as well as creating
methodologies for evaluating the efficacy of
implemented changes in national legal systems in
the context of international obligations.
The impact of international treaties on national
legal orders is dependent not only on their
content and scope of legal obligations but also on
the presence of effective mechanisms of control
and accountability for their implementation. This
applies to both international institutions and
national mechanisms for ensuring compliance
with international obligations. The development
and implementation of such mechanisms is
crucial for enhancing the effectiveness of
international treaties and their impact on national
legal systems. However, it is important to note
that overly stringent requirements and sanctions
may provoke resistance from states. On the other
hand, flexibility and cooperation can foster
greater willingness to comply with international
obligations.
Adapting international norms to the national
context is crucial for their acceptance and
effective implementation. This requires
considering the cultural, social, and economic
peculiarities of each country when implementing
international treaties. Such an approach
preserves national identity and ensures greater
effectiveness of international norms adapted to
the realities of each specific state. It is important
to strike a balance between the universality of
international standards and their adaptation to
national conditions.
Further research should focus on studying
mechanisms for adapting international treaties to
national legal systems, while considering the
specificities and needs of different states. The
development of flexible implementation
mechanisms should receive special attention to
facilitate the effective implementation of
international obligations without undermining
national sovereignty. Additionally, it is
important to research the impact of technological
progress and digitization on international legal
relations and the processes of implementing
international norms into national legal systems.
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