Непосредственное действие международных договоров: теоретический аспект

Abstract

The Law on International Treaties of the Republic of Belarus sets up a general basis for direct application of international agreements in the national legal system. Direct effect of international treaties is a new phenomenon in the Belarusian judicial practice provoking many questions concerning its scope, practical implications, advantages and difficulties. This legal concept requires some clarification for its effective usage. The present article examines the theoretical background of the concept, its origin as well as relevant practical examples of its application. The article mentions also some critical views with regard to the idea of direct effect of international treaties and provides several suggestions concerning direct application of international agreements in the Belarusian legal order.