The relationship between domestic and international law in accordance with the Constitution of Montenegro
The relationship between domestic (state) law, or more precisely domestic laws, and international law is one of the most complex and dynamic issues, both in foro interno and in foro externo, resulting in different and numerous theoretical and practical solutions. Beginning with basic theoretical sta...
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| Format: | Article |
| Language: | English |
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Bar Association of Vojvodina, Novi Sad
2023-01-01
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| Series: | Glasnik Advokatske komore Vojvodine |
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| Online Access: | https://scindeks-clanci.ceon.rs/data/pdf/0017-0933/2023/0017-09332301046R.pdf |
| _version_ | 1797806053672353792 |
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| author | Rajović Miloš |
| author_facet | Rajović Miloš |
| author_sort | Rajović Miloš |
| collection | DOAJ |
| description | The relationship between domestic (state) law, or more precisely domestic laws, and international law is one of the most complex and dynamic issues, both in foro interno and in foro externo, resulting in different and numerous theoretical and practical solutions. Beginning with basic theoretical starting points (monism and dualism), through comparative constitutional practice, this paper seeks to provide a detailed analysis of the provisions of the Constitution of Montenegro from 2007 concerning the relationship between domestic and international law, especially Article 9. Opting for a monistic approach with a relative primacy of international law, the Montenegrin Constitution prescribes that international treaties and generally accepted rules of international law are an integral part of the internal order. The analysis of the Constitution in the manner of de lege lata pointed out some basic errors and shortcomings of the positive legal solution of the relationship between domestic and international law found in Article 9, and resulted in a proposed correction in the manner of de lege ferenda, with the aim of reducing the potential international legal responsibility of Montenegro. |
| first_indexed | 2024-03-13T06:01:26Z |
| format | Article |
| id | doaj.art-b5b3d8df7fc44ccaa7ef16be1d567cc1 |
| institution | Directory Open Access Journal |
| issn | 0017-0933 2683-5967 |
| language | English |
| last_indexed | 2024-03-13T06:01:26Z |
| publishDate | 2023-01-01 |
| publisher | Bar Association of Vojvodina, Novi Sad |
| record_format | Article |
| series | Glasnik Advokatske komore Vojvodine |
| spelling | doaj.art-b5b3d8df7fc44ccaa7ef16be1d567cc12023-06-12T12:57:02ZengBar Association of Vojvodina, Novi SadGlasnik Advokatske komore Vojvodine0017-09332683-59672023-01-01951461050017-09332301046RThe relationship between domestic and international law in accordance with the Constitution of MontenegroRajović Miloš0https://orcid.org/0000-0001-6221-3122Univerzitet u Beogradu, Pravni fakultet, Beograd, SerbiaThe relationship between domestic (state) law, or more precisely domestic laws, and international law is one of the most complex and dynamic issues, both in foro interno and in foro externo, resulting in different and numerous theoretical and practical solutions. Beginning with basic theoretical starting points (monism and dualism), through comparative constitutional practice, this paper seeks to provide a detailed analysis of the provisions of the Constitution of Montenegro from 2007 concerning the relationship between domestic and international law, especially Article 9. Opting for a monistic approach with a relative primacy of international law, the Montenegrin Constitution prescribes that international treaties and generally accepted rules of international law are an integral part of the internal order. The analysis of the Constitution in the manner of de lege lata pointed out some basic errors and shortcomings of the positive legal solution of the relationship between domestic and international law found in Article 9, and resulted in a proposed correction in the manner of de lege ferenda, with the aim of reducing the potential international legal responsibility of Montenegro.https://scindeks-clanci.ceon.rs/data/pdf/0017-0933/2023/0017-09332301046R.pdfinternal lawinternational lawmonism, constitution of montenegroarticle 9 of the constitution |
| spellingShingle | Rajović Miloš The relationship between domestic and international law in accordance with the Constitution of Montenegro Glasnik Advokatske komore Vojvodine internal law international law monism, constitution of montenegro article 9 of the constitution |
| title | The relationship between domestic and international law in accordance with the Constitution of Montenegro |
| title_full | The relationship between domestic and international law in accordance with the Constitution of Montenegro |
| title_fullStr | The relationship between domestic and international law in accordance with the Constitution of Montenegro |
| title_full_unstemmed | The relationship between domestic and international law in accordance with the Constitution of Montenegro |
| title_short | The relationship between domestic and international law in accordance with the Constitution of Montenegro |
| title_sort | relationship between domestic and international law in accordance with the constitution of montenegro |
| topic | internal law international law monism, constitution of montenegro article 9 of the constitution |
| url | https://scindeks-clanci.ceon.rs/data/pdf/0017-0933/2023/0017-09332301046R.pdf |
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