@article{2022:korzilius:constituti,
title = {Constitutio posterior non derogat pactis prioribus? Chiles völkerrechtliche Verträge im Kontext der Verfassungsablösung},
year = {2022},
note = {Chile’s International Treaties in the Context of the Replacement of
the Constitution From a public international law perspective, the
domestic process ideally does not affect treaty obligations. Already
in normal times, however, there are innumerable options to retreat
from treaties. The exceptional case of constitutional replacement
hardly extends these. Could the ‘eternity clause’ of 2019 (Art.
135 IV of the Chilean Constitution), which states that the contents of
international treaties are to be respected, subject the Constitutional
Convention to stronger ties than international treaty law itself? This
article rejects readings that tried to perpetuate the substantive
content of the treaties or to forbid changes that would make
termination of treaties necessary. The lack of justiciability and the
principle of truthfulness of norms speak against them. The clause only
warned to proceed in a manner that is gentle on international law.
Based on this, the third part shows Chile’s wide margin to cancel or
alter existing treaty regimes and sees opportunities for respect of
treaties by practical concordance and the activation of secondary
legal protection in accordance with international law in the event of
contradictions that cannot be resolved in accordance with treaties.},
journal = {Zeitschrift für ausländisches öffentliches Recht und Völkerrecht / Heidelberg Journal of International Law},
pages = {605--640},
author = {Korzilius, Sven},
volume = {82},
number = {3}
}