Complete the vocabulary of the international order.
A general practice becomes custom only when states follow it out of a sense of legal obligation, which is called ______. A treaty conflicting with a peremptory norm from which no derogation is permitted is void, that norm being ______. The position that international and domestic law are two separate orders, so that reception is needed, is ______. Under Article 96.1 of the Constitution a treaty enters the internal order once it has been officially ______ in Spain.
Word bank: opinio juris · ius cogens · dualism · published · monism · ratified
Hints
- The first blank is the mental element of custom.
- The last blank is a formality, not the act of consent itself.
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A general practice becomes custom only when states follow it out of a sense of legal obligation, which is called opinio juris. A treaty conflicting with a peremptory norm from which no derogation is permitted is void, that norm being ius cogens. The position that international and domestic law are two separate orders, so that reception is needed, is dualism. Under Article 96.1 of the Constitution a treaty enters the internal order once it has been officially published in Spain.
The last blank is the one to be precise about. Ratification is how Spain consents to be bound internationally; publication is what brings the treaty into the internal order so that a Spanish court can apply it to a private party. Both are needed, and they do different jobs.
Practise The International Legal Order
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