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 examines 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 Commission published the subject based Inventory of International Obligations in Summer 2018 based on the Irish Treaty Series of Department of Foreign Affairs and Trade within which the1,400 international agreements are linked to associated Irish legislation. It will publish a Discussion Paper on this project in 2019.
Back to list of current projects