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The jurisdiction of the Iraqi State Consultative Council in the interpretation of international treaties (A comparative study) | ||
| AL- Mouhakiq Al-Hilly Journal for legal and political science | ||
| Article 1, Volume 10, Issue 3, 2018, Pages 245-282 | ||
| Authors | ||
| A.P.Dr.Sadiq Mohammed Ali AL-Husseini; Fadhel Muslim ALtaee | ||
| Abstract | ||
| The role of the Iraqi State Council is to interpret the laws in general and international treaties and conventions in accordance with the law "internally", one of the pillars carried out in addition to other functions assigned to it, especially since Iraq after 2003 open to society And that this function is exercised by the Council under Article 6/5 of its amended law No. (106) of 1979, which was strengthened by the issuance of the Iraqi Treaties Law No. (35) of the year 2015. The international treaty is the most important main source of public international law, and its importance is further enhanced by the way in which the rules governing international relations are formulated. Judicial interpretation is one of the ways in which a text of an international treaty is interpreted when there is disagreement over a particular meaning when applied in the absence of government interpretation. The interpretation by national courts is subject to internal problems and thus is governed by certain legal rules of the entry into force of the treaty within domestic legal systems. The development of the interpretation of international treaties from the French Council of State was an important and advanced stage in this field. It has taken long and successive steps to expand its competence in general, while limiting the scope of sovereignty and is known as the traditional doctrine. This is what the Egyptian Council of State and the State Consultative Council Iraqi, has been based on a combination of assanid plus, And then to the jurisdiction of the State Consultative Council in the interpretation of international treaties and to the jurisprudential trends that determine the national body of interpretation, and we have the statement of that and in two sections we devoted the first to the statement of the legal basis to the jurisdiction of interpretation according to the traditional doctrine that prevailed "before the transformation of the Council of State after the French case Jester, as discussed in the second section to the jurisdiction of the State Consultative Council in the interpretation of international treaties and the jurisprudential legal position of the definition, and then to the most important findings and recommendations. | ||
| Keywords | ||
| The jurisdiction; Iraqi State Consultative Council; Interpretation; international treaties | ||
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