INTERNATIONAL LAW AND ITS APPLICABILITY IN THE SOMALIAN LEGAL SYSTEMS

Abstract

This study calls for discussion on the question of how international law is applicable in the Somalian legal systems. States achieve the incorporation into their national law of multilateral or bilateral treaties of which they are contracting parties, so that the rights and duties contained in such international law may become applicable and enforceable domestically. With regards to the application of international law, the Somalian judicial systems have chosen to considerably circumvent in pleasing with international law aspects when adjudicating in the parties concerned. One of the main objectives of the study is to examine Somalia’s international law practice right from independence up-to date. During the study, it was based on doctrinal methodology. From primary sources of information and secondary sources of information were fully adopted such as the constitution of Somalia, Acts of parliaments, statutory instruments and Textbooks, Law of journals, legal dictionaries, and newspapers respectively.  The study concludes that the government of Somalia through legislative should enact a new legal framework for the better implementation of international law such as adaptation and promulgating of treaty-making procedure act among others. The study finds that, any foreign policy submission put to federal Ministers, the Attorney General should give advices as to whether the state can ratify or accede to international treaties and conventions, since the Attorney General is the general legal adviser of the state, like any other nations in the world. At the end, the study therefore, recommends that all international agreements or treaties to which Somalia is contracting party shall be permissible in Somalia without any parliamentarian involvement. Hence, incorporation procedures take longer as it requires.