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Article . 2018
License: CC BY
Data sources: Share_it
https://dx.doi.org/10.25673/12...
Article . 2018
License: CC BY
Data sources: Datacite
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Acceptance and implementation of International Treaties in the Afghan Legal System (dari)

Authors: Ahmadi, Fazl Ahmad;

Acceptance and implementation of International Treaties in the Afghan Legal System (dari)

Abstract

reaty relations are essential to contemporary international life, and Afghanistan has acceded to numerous instruments; yet domestic execution remains inconsistent. This article examines how treaties are accepted and implemented within Afghanistan’s legal order, mapping constitutional and statutory mechanisms (e.g., Article 7 of the Constitution and the Law on Treaties) governing signature, ratification, oversight, and judicial review. It finds persistent normative ambiguity about the rank of treaties vis-à-vis the Constitution and ordinary statutes, a hybrid monist–dualist practice, and weak institutional habits: courts seldom cite treaties, ministries lack clear procedures, and reservations are uneven. These gaps risk international responsibility and erode legal certainty. Drawing on comparative practice, the study recommends clarifying the hierarchy of norms through constitutional or interpretive guidance; adopting systematic implementing legislation; empowering the Supreme Court and the Commission for Supervision of the Implementation of the Constitution to guide courts; strengthening MFA monitoring; and building capacity for judges and officials. Effective implementation is both a legal duty and a prerequisite for credible international engagement.

The Journal of Afghan Legal Studies (JALS) is a peer-reviewed academic journal dedicated to Afghan law and related legal topics. It is published by the Institute for Law and Society in Afghanistan (ILSAF) and includes articles in Dari, Pashto, and English. The journal focuses on state law, Islamic law, customary law, international law, and other legal norms relevant to Afghanistan and its people. JALS is distributed both within Afghanistan and internationally.

Country
Germany
Keywords

info:eu-repo/classification/ddc/000, 000

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
Green
Fields of Science
Fields of Science