The implementation of international law in the national legal order : a legislative perspective

Abstract

International law relies heavily on the machinery of the state for the

realisation of its aims. Often those aims require further implementation in

the legal orders of states. States, in turn, enjoy a wide margin of freedom in the choice of means and methods to fulfil their obligations under international law. However, implementation sometimes requires the involvement of the state body entrusted with the task of adopting legislation: the national legislature. This study explores its role in the implementation of international law at home. It analyses the regulation of national implementing legislation under international law. Does international law provide for requirements to be observed by national legislatures involved in the adoption of implementing legislation? If so, is their application in practice sufficient to ensure the quality of national implementing legislation? Can we improve national and international practice in this regard?