2017 Fiscal Year Final Research Report
The status of international law in the domestic legal orders of some "small" States in Europe
| Project/Area Number |
15K03139
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Multi-year Fund |
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| Section | 一般 |
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| Research Field |
International law
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| Research Institution | Kyoto University |
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Principal Investigator |
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| Project Period (FY) |
2015-04-01 – 2018-03-31
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| Keywords | 国際法と国内法 / ルクセンブルク / ベルギー / 憲法 / 国際法 |
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| Outline of Final Research Achievements |
In Luxembourg as well as Belgium, (part of) the domestic courts find that international legal norms prevail over constitutional norms despite the absence of explicit constitutional provision to that effect. In Luxembourg, the courts simply state that international law prevails over the constitution without particular explanation. This unique situation is explained principally by the fact that Luxembourg's existence as a State was realized and guaranteed by a series of international treaties, such as the Final Act of the Congress of Vienna or the Treaties of London.
Belgium is also a unique example in that the positions of its domestic courts are not coherent. While the Constitutional Court considers, not surprisingly, that the constitution prevails over international law, other courts, particularly the Cour de Cassation, take the opposite position. We here need to take into account the power conflicts between the institutions.
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| Free Research Field |
国際法
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