The Implementation and Effectiveness of International Law in Central Asia

Abstract For international legal norms to be effective, they must be reflected and genuinely applied in the domestic law of a state. The main issue discussed in this chapter is two-fold. First, after discussing the Central Asian context, the authors examine the means and methods, more specifically the incorporation (monism) or the transformation (dualism) of international legal norms, that are privileged by one or another Central Asian country in implementing international legal norms, including what this entails and where the choice made for this or that approach comes from, from both a factual and legal perspective. Second, the authors turn their minds to the question of the hierarchical status of international law as provided by Central Asian constitutions. Overall, the implementation of international law is studied in the context in which it is most often used, the integration of human rights law into domestic law, with a focus on the Central Asian context.

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