@article{2023:payandeh:verfassung,
title = {Verfassungsrechtliche Grundlagen der Völkerrechtsfreundlichkeit in Deutschland},
year = {2023},
note = {The provisions of the Basic Law with references to international law
form the foundation of the constitutional principle of friendliness
towards international law. They are the basis for its content as well
as for its limits. However, the content of the individual provisions
of the Basic Law on the domestic effects of international law is
rather unclear. The widely agreed restriction of Article 25 of the
Basic Law to unwritten international law does not find sufficient
support in its drafting history. And Article 59 (2) of the Basic Law
does not offer any clear indication that international treaties are
only accorded the status of statutory law within the domestic legal
order. These two basic constitutional assumptions furthermore lead to
inconsistencies and contradictions and do not do justice to the
changes of the international legal order since the entry into force of
the Basic Law. Against this background, the provisions of the Basic
Law do not bar the acknowledgement of a constitutional requirement to
observe international law, which also extends to the legislature and
to international treaties.},
journal = {Zeitschrift für ausländisches öffentliches Recht und Völkerrecht / Heidelberg Journal of International Law},
pages = {609--628},
author = {Payandeh, Mehrdad},
volume = {83},
number = {4}
}