The Hierarchy of Laws: Understanding and Implementing the Legal Frameworks that Govern Elections Who drafts treaties and international covenants? Treaties and covenants are written by the negotiating parties, or an intergovernmental organization such as the UN. What is the source of a treaty’s authority? For some treaties, the act of ratification brings the treaty and all of its obligations into force. Other treaties may require countries to make changes in domestic law that will direct or enable it to fulfill treaty obligations. International human rights instruments may take the form of conventions or covenants, which are legally binding instruments concluded under international law. Examples of key multilateral treaties governing the electoral process include the International Covenant on Civil and Political Rights, the Convention on the Elimination of all forms of Discrimination Against Women, and the Convention on the Rights of Persons with Disabilities, all of which have broad global acceptance. They may also take the form of declarations, which have moral weight but are not legally binding on countries (although some declarations, such as the United Nations Declaration on Human Rights, and the United Nations Declaration on the Rights of Indigenous Peoples have acquired wide acceptance and arguably evolved to reflect principles of customary international law that govern the behavior of countries). The European Union Example Treaties only override a national legislature if the signatory nation has agreed to this and follows through by making its legislation conform to the treaty. The most extensive example of this is the European Union (EU). EU member states generally apply EU regulations domestically, in areas such as transportation, food safety rules and agriculture. The Court of Justice interprets EU law to make sure it is applied in the same way in all EU countries, settles legal disputes between national governments and EU institutions and, in certain circumstances, decides on cases of rights infringement regarding EU institutions. Treaties do not have absolute authority. There are many cases in which countries do not comply with their provisions or even later reject them. Further, the negotiation of enforcement and dispute resolution procedures can be difficult, due to different interpretations of national sovereignty between the negotiating countries (i.e., countries may disagree on the degree to which they should be subject to oversight, sanctions, arbitration and the like). The practical authority that treaties do have is derived from the fact that those who agreed to them have both individual and collective interest in their success. In addition, compliance may increase the influence a nation will have in negotiating future treaties. Some treaties establish dispute resolution bodies, such as the European Court of Human Rights. Who interprets and enforces treaties? There is no general international judicial or penal system to interpret treaties, address breaches, or settle disputes. However, some treaties establish special tribunals to deal with disputes. Alternately, parties to a treaty can agree to settle disputes through an existing international body. International courts, such as the International Criminal Court and International Court of Justice can have full or limited authority, depending on whether a nation submits to their jurisdiction. The treaties establishing both of these courts set out a hierarchy of applicable international law. In reality, these courts have limited jurisdiction, narrow mandates, and many challenges in operation. Some treaties establish bodies to 7