International treaties against lagoons: self-enforcement and resolutionary inexcusability
DOI:
https://doi.org/10.21703/issn2735-6337/2020.n37-03Keywords:
international treaties, loopholes, self-enforcement, inexcusabilityAbstract
This research seeks to analyze underlying elements in the jurisprudential treatment of International Treaties as formal sources of law and their applicability in solving gaps in the Chilean legal system. Based on this objective, a concept of gaps is outlined; The fundamentals that initially supported the incorporation of international law into domestic law are reviewed, and doctrinal and jurisprudential postulates linked to the self-enforcement of this type of norms are analyzed. Finally, some refections are made in response to some methodological criticisms made from a sector of the doctrine of public international law to the jurisdictional application of this type of norms.
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