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
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