5.1 Domestic implementation of international obligations
In 2014 the Commission began work on its project concerning domestic implementation of international obligations (4th Programme of Law Reform, Project 10). This project will examine the methodology and models of implementing international obligations and the monitoring of and accountability for state obligations. Ireland has ratified many international treaties and conventions, including the 6 core human rights treaties of the United Nations Organization (UNO) as well as treaties and conventions emanating from bodies such as the International Labour Organization (ILO), the International Maritime Organization (IMO) and the World Trade Organization (WTO). Some international treaties have been signed but not ratified, and the project will describe the effect of Article 29.6 of the Constitution which provides that “[no] international agreement shall be part of the domestic law of the State save as may be determined by the Oireachtas.” The project will provide an inventory of methods of transposition used in Ireland and other jurisdictions, which will include whether some international treaties may be incorporated into the law of the State by secondary legislation or by endorsement by resolution of the Oireachtas. The project will also explore and evaluate such methods and make observations in terms of their efficacy and efficiency. The project may also explore some discrete areas, such as the law of state immunity in civil matters. The Commission will publish an Inventory of International Obligations and a Discussion Paper on this project in 2017.
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