1. Constitution and I’ll Law
Introduction
International treaties
The Power to Deliberate and to Ratify International Treaties
General Principles of International Law
Decisions of international bodies
Arafat Ali
Arafat Ali

2. Introduction
Today it is acknowledged that several central elements of constitutions are influenced by international law. For example, international human rights standards are binding upon those states which have ratified the pertinent international agreements. Principles which have to be taken into account in national constitutions are defined by reference to international norms concerning democracy, human rights, social justice, and gender equality. Despite the international doctrine of state sovereignty it is well established that international law influences national constitutions.

3. International treaties
Nearly all states have adhered to international treaties, governing a variety of areas such as:
trade, see e.g. The agreement establishing the world trade organization (WTO agreement) and its annexes;
environment, see e.g. The Kyoto protocol;
armed conflict, see e.g. The Hague conventions of 1907 or the four Geneva conventions of 1949; or
foreign relations, see e.g. The Vienna convention on diplomatic relations.

4. International treaties
Some treaties establish international organizations, be they global such as the united nations or the international monetary fund, or regional such as the African union, the European union or the organization of American states. Some international treaties create specialized organizations such as the organization of the Islamic conference, the north Atlantic treaty organization or the organization of petroleum exporting countries. In the area of human rights and the protection of minorities a series of international treaties has been concluded such as the international covenants on civil and political rights and on economic, social and cultural rights.

5. International treaties
For the most part, the international legal rules with respect to international treaties are contained in the Vienna convention on the law of treaties (VCLT). Part II of this convention concerns the conclusion and entry into force of treaties. Art. 11 VCLT names ratification as a means of expressing the consent of a state to be bound by an international treaty. National constitutions usually contain provisions regulating the procedure for the ratification of international treaties and the relationship between national law and international treaties.

6. The Power to Deliberate and to Ratify International Treaties
Most constitutions contain detailed provisions on the exercise of treaty making powers and their application. The ratification of international treaties usually follows the same rules as the passing of laws in most constitutions. However, different bodies or branches of government can be vested with the power of treaty making.
In Somalia the president signs international treaties proposed by the council of ministers and approved by the house of the people of the federal parliament.

7. International Customary Law and General Principles of International Law
Regarding international customary law and general principles of international law, many constitutions follow a monistic approach. This means that such customary law and general principles are seen to be part of the domestically directly applicable law without any further act of incorporation by the national legislature. In most cases, national courts can rely on international customary law and general principles of international law and apply them directly. art.3(4), 40(2) PCFRS

8. Decisions of international bodies
1. Decisions of international organizations art. 25 of the united nations charter the members of the united nations agree to accept and carry out the decisions of the security council in accordance with the present charter. 2. Judgments of international courts Art. 94 of the united nations charter 1. Each member of the united nations undertakes to comply with the decision of the international court of justice in any case to which it is a party. 2. If any party to a case fails to perform the obligations incumbent upon it under a judgment rendered by the court, the other party may have recourse to the security council, which may, if it deems necessary, make recommendations or decide upon measures to be taken to give effect to the judgment.

9. Prevention of Contradictions
Reservation: means a unilateral statement, however phrased or named, made by a State, when signing, ratifying, accepting, approving or acceding to a treaty, whereby it purports to exclude or to modify the legal effect of certain provisions of the treaty in their application to that State
Declarations: means a unilateral statement, however phrased or named, made by a State, when signing, ratifying, accepting, approving or acceding to a treaty, whereby it purports to exclude or to modify the legal effect of certain provisions of the treaty in their application to that State
Memoranda of understanding (MOU) : means a unilateral statement, however phrased or named, made by a State, when signing, ratifying, accepting, approving or acceding to a treaty, whereby it purports to exclude or to modify the legal effect of certain provisions of the treaty in their application to that State
Interpretation: courts to favour interpretations of domestic laws, which are consistent with international law

10. Questions?
comments
Arafat Ali