Article 36 — International Law and Treaties

1. 1.

   The conduct of foreign affairs, the conclusion of treaties, and the representation of Kaharagia in international relations are sovereign prerogatives exercised by the Sovereign or by ministers and officials acting under sovereign authority.

2. 2.

   Treaties and international agreements concluded by Kaharagia are binding upon the State in accordance with international law.

3. 3.

   A treaty becomes part of the domestic law of Kaharagia and may be applied by courts and administrative authorities only:

   1. after it has been ratified or acceded to by the Sovereign
   2. after it has been published in the Royal Kaharagian Gazette or otherwise promulgated in accordance with law
   3. to the extent that its provisions are sufficiently precise and unconditional to be directly applicable, or have been implemented through domestic legislation.
4. 4.

   Where a treaty requires changes to domestic law or imposes obligations requiring legislative implementation, such implementation shall be effected through the enactment of domestic legislation.

5. 5.

   In interpreting domestic law, courts shall prefer interpretations that are consistent with Kaharagia’s international obligations, unless such interpretation is clearly precluded by the language or intent of the domestic law.

6. 6.

   Where domestic law and an applicable treaty are irreconcilable, the treaty prevails to the extent of the inconsistency, provided that:

   1. the treaty has been properly ratified and promulgated
   2. its application does not violate the constitutional order or sovereign prerogatives
   3. its application does not contravene fundamental principles of public policy.
7. 7.

   Customary international law is part of the law of Kaharagia to the extent that it is not inconsistent with domestic legislation or with the constitutional order.

8. 8.

   Kaharagia respects the sovereignty and equality of all states, the peaceful settlement of disputes, and the prohibition of the use of force, in accordance with the principles of the United Nations Charter and customary international law.

9. 9.

   Kaharagia shall give effect to its international human rights obligations in domestic law.

10. 10.

    International judicial or arbitral decisions to which Kaharagia is a party are binding upon the State and shall be given effect in domestic law in accordance with Kaharagia’s international obligations.

11. 11.

    Nothing in this Article derogates from the Sovereign’s prerogative to conduct foreign relations, conclude or terminate treaties, or to determine Kaharagia’s international commitments.