International Journal of Science and Research (IJSR)

International Journal of Science and Research (IJSR)
Open Access | Fully Refereed | Peer Reviewed

ISSN: 2319-7064


Downloads: 109

Informative Article | Law | Congo | Volume 7 Issue 9, September 2018


Introduction, Application and Place of Treaties and International Agreements in the Congolese Legal System

Kangaseke Mbaka, Kisala Mwansa Netty, Mwansakalunga Jean-Pierre


Abstract: For Val?rie KABEYA VULUKA, examining the question of the Congolese judge and the applicability of international treaties and agreements shows that in the relationship between international law and internal law, the Congolese justice is at the heart of the turmoil following conflicts between conventional standards and internal standards, the tendency of the judge being to favor the application of the second to the detriment of the former. The provisions of a treaty may conflict not only with other conventional international standards or not, but also with internal standards. Such an incident is related to the general problem of the relationship between international law and domestic law. To solve it, the doctrine is divided between dualism and monism. Proponents of the former believe that such conflicts can not occur while, although rare monists still advocate the primacy of domestic law, most of them are in favor of the superiority of international law. They can find an argument today in Article 27 of the Vienna Convention which provides that a party may not invoke the provisions of its internal law as justification for the non-performance of a treaty rule which appears as the complement of the principle pactasuntservanda expressed in the aforementioned article. () The law's organ of the people, the international judge affirms in all circumstances the superiority of this one it does not draw all the consequences of principle here as elsewhere, international litigation is generally a litigation of liability and not of cancellation. G. Scelle's statement that the domestic standard contrary to an international standard is repealed is rightly a figure of rhetoric. Therefore, says the author, standard of domestic law, the constitutional rule can not defeat the application of a treaty. The International Criminal Court (PCIJ) strongly recalled this in its advisory opinion of 4 February 1932 concerning the treatment of Polish nationals.


Keywords: Introduction, application, treaties, international agreements, legal system


Edition: Volume 7 Issue 9, September 2018,


Pages: 797 - 805


How to Cite this Article?

Kangaseke Mbaka, Kisala Mwansa Netty, Mwansakalunga Jean-Pierre, "Introduction, Application and Place of Treaties and International Agreements in the Congolese Legal System", International Journal of Science and Research (IJSR), https://www.ijsr.net/get_abstract.php?paper_id=ART2019957, Volume 7 Issue 9, September 2018, 797 - 805

How to Share this Article?

Enter Your Email Address


Similar Articles with Keyword 'Introduction'

Downloads: 1

Student Project, Law, India, Volume 10 Issue 5, May 2021

Pages: 1305 - 1313

Dowry & Its Legal / Regulatory Framework - A Philosophical Analysis

Harish B

Share this Article

Downloads: 1

Research Paper, Law, Indonesia, Volume 10 Issue 9, September 2021

Pages: 97 - 104

Corporate Criminal Liability as a Performance of Forest Fire based on Strict Liability Principles

Afryadin Rusdyani, Alfitra

Share this Article

Similar Articles with Keyword 'application'

Downloads: 1

Research Paper, Law, Indonesia, Volume 10 Issue 9, September 2021

Pages: 97 - 104

Corporate Criminal Liability as a Performance of Forest Fire based on Strict Liability Principles

Afryadin Rusdyani, Alfitra

Share this Article

Downloads: 2

Research Paper, Law, Indonesia, Volume 10 Issue 6, June 2021

Pages: 767 - 771

Criminology and Immigration in Organized Transnational Crimes

Mustofa Kamal, Alfitra

Share this Article

Similar Articles with Keyword 'treaties'

Downloads: 1 | Weekly Hits: ⮙1 | Monthly Hits: ⮙1

Research Paper, Law, India, Volume 10 Issue 11, November 2021

Pages: 1335 - 1338

Territorial Integrity of India and Border Dispute: A Critical Analysis on the Border Peace and Tranquility Agreement between India and China

Nirmal K. U

Share this Article

Downloads: 88

Research Paper, Law, Cameroon, Volume 10 Issue 1, January 2021

Pages: 254 - 262

Guilty Without Trial: Assessing the due Process Rights of Suspects under the Cameroonian Criminal Law and Procedure

Carine Chamboli Oke

Share this Article

Similar Articles with Keyword 'legal system'

Downloads: 124

Research Paper, Law, Egypt, Volume 4 Issue 12, December 2015

Pages: 189 - 196

Is Judicial Mediation A Successful Choice In Internal and International Business?

Hoda Magdy Nour

Share this Article

Downloads: 1 | Weekly Hits: ⮙1 | Monthly Hits: ⮙1

Informative Article, Law, India, Volume 10 Issue 8, August 2021

Pages: 466 - 470

Consumer Right to Privacy in E-Commerce - A Comparative Study

Dhannjay Singh Pundir

Share this Article
Top