MONISM AND DUALISM BEYOND THE TREATIES: THE INTERNALISING OF RESOLUTIONS OF THE UNITED NATIONS SECURITY COUNCIL

被引：0

作者：

Vauthier Borges de Macedo, Paulo Emilio ^{[1
,2
]}

Costa Pinto, Paulo Edvandro ^{[1
,2
]}

机构：

[1] Univ Estado Rio De Janeiro, Rio De Janeiro, Brazil

[2] Univ Fed Fluminense, Niteroi, RJ, Brazil

来源：

QUAESTIO IURIS | 2011年 / 4卷 / 01期

关键词：

Hans Kelsen; Carl Heinrich Triepel; Incorporation of treaties; Domestic law; International law; Executive agreements;

D O I：

暂无

中图分类号：

D9 [法律]; DF [法律];

学科分类号：

0301 ;

摘要：

This article attempts to show that the debate between Kelsen and Triepel was poorly approved in Brazil, as it revolved only here on the problem of incorporating the hierarchy of treaties and the hierarchy of human rights treaties in national law. But the two authors discussed the relationship between domestic law and international law as a whole. Thus, other regulatory sources of this law have been relegated. Between us, the resolutions of the UN Security Council join by presidential decree, as if they were executive agreements. But often, these decisions deal with matters that could never appear on executive agreements, such as restricting the subjective rights and the construction of criminal types.

引用

页码：314 / 328

页数：15