Anadolu Strateji Dergisi

Yazarlar: Merve Gül GÜN

Konular:Sosyal

Anahtar Kelimeler:Monist theory,Dualist theory,International treaty,Constitutional Article 90,Council Of State

Özet: The nature of the relationship between international law and national law is a phenomenon that has been debated from the beginning and is still not fully determined. The effort to determine this relationship is one of the issues that preserve the importance of international law doctrine. Determining the place of international treaties in national law, which is one of the application forms of international law, is within the obligations of the states and becomes more and more important in terms of international relations. There are opinions that have emerged in order to help interpret the relationship in terms of national law. While the dualist theory argues that these legal systems are two separate legal system; The monist theory adopts the principle that two legal systems are actually a part of a single legal order. When these two theories are examined, it is seen that there is an approach close to the monist theory, although not fully in our law. However, this situation does not have an absolute feature, and the effects of dualist views are also observed in our law. In practice, while evaluating the law to be applied similarly in the decisions of the Council of State, only the names of the international treaties are mentioned and the decision is made without commenting on the law to be applied in the axis of monism-dualism. In this sense, firstly, it has been explained the classical theoretical views in detail, it has been tried to reveal what the tendency is regarding the application of international treaties and finally the determination of the law to be applied in the decisions of the Council of State.

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