Which of the following best describes a self-executing treaty?
A) It is a treaty that requires state parties to enact enabling legislation before it becomes effective domestically.
B) It is a treaty containing a term that says that it is directly effective within the signatory states upon ratification.
C) It is a treaty adopted according to the constitutional provisions of the ratifying state.
D) It is a treaty or international agreement entered into by a state's executive without following the state's constitutionally required ratification procedure.

Question

Quizplus · Accepted Answer

A self-executing treaty is a treaty that contains a term stating that it is directly effective within the signatory states upon ratification, without the need for enabling legislation or other domestic implementation measures. This means that the treaty provisions can be applied and enforced by domestic courts without any further action needed. Option A is incorrect because treaties that require enabling legislation are known as non-self-executing treaties. Option C is incorrect because it describes a regular treaty that is adopted according to the constitutional provisions of the ratifying state. Option D is incorrect because a treaty that is not ratified in accordance with a state's constitutionally required procedure would not be valid.

Which of the Following Best Describes a Self-Executing Treaty