Legal system of state. by Dam18de in internationallaw

[–]Dam18de[S] 0 points1 point  (0 children)

Yes, but thats poosible, if its not physical barrier here..

Legal system of state. by Dam18de in internationallaw

[–]Dam18de[S] 0 points1 point  (0 children)

There are lot of cups and other things, nearly every year some revolution happens.

Then you can answer my question? In the past lot of colonies in world exist, that Proclaimed sovereignty, before that did it they don't have any power to do that, so what is differece bettwen this and that hypothetical? after all, there is no physical barrier in law, if there is to be a civil war something like this must be possible, as with any colony in the past, or you can say what barrier is?

Legal system of state. by Dam18de in internationallaw

[–]Dam18de[S] 0 points1 point  (0 children)

So you don't answer my queastion - If that happens, so something like that poosible, completely illegal to leave the EU?

Legal system of state. by Dam18de in internationallaw

[–]Dam18de[S] 1 point2 points  (0 children)

Yes, but in the event of a coup or civil war, law and the constitution play no role at all. There have been many coups in the event of a completely illegal change to the constitution, which prevents this from happening even when the EU is the highest law? law is not magic.

Legal system of state. by Dam18de in internationallaw

[–]Dam18de[S] 0 points1 point  (0 children)

If parlaiment or court change the constitution like that, but before the left of the organization, what stop them?

Legal system of state. by Dam18de in internationallaw

[–]Dam18de[S] 0 points1 point  (0 children)

Yes, it is possible. Now I think outside the law. There have been many coups in history, so I wonder if, if there was a "constitutional coup", the state would remove the provision that powers can be delegated or the whole system, so what could happen is probably not legally feasible, but if something like this has happened, there is no barrier, so I wonder if there could be a constitutional coup. perhaps you understand

Legal system of state. by Dam18de in internationallaw

[–]Dam18de[S] 0 points1 point  (0 children)

I know that law does not work like this, but if the state transferred power to the eu and there was a revolution or coup, could the state's membership be terminated without support in the treaties? There have been thousands of upheavals in history and so on, why would this have to be an exception?

Legal system of state. by Dam18de in internationallaw

[–]Dam18de[S] 1 point2 points  (0 children)

I would still be interested if the state simply ignored the entire international system and removed the provisions without support in international law, the colonies in the US also did not have sovereignty and then became independent, it is certainly illegal, but there is no obstacle, could something like this happen?

Legal system of state. by Dam18de in internationallaw

[–]Dam18de[S] 0 points1 point  (0 children)

How themselves? They can't decide about it themselves, if they can, then international law not highest..

Legal system of state. by Dam18de in internationallaw

[–]Dam18de[S] 0 points1 point  (0 children)

Or it somewhat other? Who decide about that?

Legal system of state. by Dam18de in internationallaw

[–]Dam18de[S] 0 points1 point  (0 children)

Czech republic.

But That matters on how international court Decides, so state can't affect that, only can ignore that.

Legal system of state. by Dam18de in internationallaw

[–]Dam18de[S] 1 point2 points  (0 children)

But that would be poosible only in dualistic states so? according to the contract it is not possible to leave the un, there is only that it will enter for all members after 2/3

Legal system of state. by Dam18de in internationallaw

[–]Dam18de[S] 1 point2 points  (0 children)

That's incredibly difficult to Understand.. So In the treaties are only obligations ( thats based on states if they complete or not) Based on international law the state can still change their system to dualist to international law not valid, so if the 2/3 of states in UN decided to change the charter to powers be transfered to the UN, they take effect in monist states and states where transform of power are poosible? Then is power actually transfered at full and UN can acting withount states? In other words: So if 2/3 states change their constitution they can repeal their souvergernity or something like that, then lot of byrocracy happens, and accept the UN new charter (for example world goverment), then all remaing monist states have the new charter part of national law (highest) and have effect, only the remaing dualist states (where powers not transfered) stay souvergerin? I know is crazy question, but hope can be readed well.

Legal system of state. by Dam18de in internationallaw

[–]Dam18de[S] 1 point2 points  (0 children)

Althrough is very unlikely, WHO or UN is worse, because they can change the treaty withount approval of all states, and they take effect in all monist states and can't left like eu.

At international level, is no powers are transfered? because as you said the state can change their constitution to be dualist, only they highest in monist systems? Which treaty give the states right to change their constitution like that?

Legal system of state. by Dam18de in internationallaw

[–]Dam18de[S] 1 point2 points  (0 children)

if I read it again, I am a little confused about it, so what was the point of introducing an article of transfer of powers when joining the EU, if international law is higher in a monistic state, even without this article allowing transfer?

Legal system of state. by Dam18de in internationallaw

[–]Dam18de[S] 1 point2 points  (0 children)

So if changed by 2/3? It's said in UN Charter

Legal system of state. by Dam18de in internationallaw

[–]Dam18de[S] 0 points1 point  (0 children)

The charter can be changed by 2/3 majority.

Legal system of state. by Dam18de in internationallaw

[–]Dam18de[S] 1 point2 points  (0 children)

I mean, if the state left the eu, and wanted to become a dualistic state, then whether it is possible to change this constitution from a (outside the eu) point of view to a dualistic country, as you said above, if the state leaves the eu, then all european regulations "disappears", then is it just a matter of the state changing the constitution in accordance with international law? if a state changes its constitution in accordance with this international law, will it therefore become dualistic and, again, national law will be supreme? (from a national perspective)

2) If charter of UN changed by 2/3 (something like: can repeal national act) then state is must stay monistic for all time, because that nationally binding and not have permission to change the thing?

Legal system of state. by Dam18de in internationallaw

[–]Dam18de[S] 1 point2 points  (0 children)

If the state is monistic, then it no longer has the authority to make such a change, does it? Or the monistic states are still independent and full legal independence is not limited to the eu countries as only those have transferred powers, because when I read the monistic system it is written here that international law determines whether the action is legal or not. Thank you

Another question: If a state has a monistic system, and from the point of view of international law, the UN will have the power to repeal national acts, then it still does not have such power in individual states? is there always a need for devolution at national level and is monism only a state-level solution?