Self-executing treaties

Self-executing treaties

Self-executing treaties are those treaties which are sufficiently clear and precise to confer rights or obligations on individuals in domestic law without needing implementing legislation. Two conditions have to be satisfied:

  • A personal criterion: the rights and obligations created by the treaty must be enforceable by individuals directly before national courts. The persons entitled to the right or subject to the obligation must be specifically targeted by the international treaty.
  • A material criterion: the rule must be sufficiently precise and clear not to require national implementing measures. There should be minimal scope for different interpretations of the implementation of the international rule.

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