Date of publication:
07/07/2025
Djibouti
Please describe the system for the application of international law in the state.
The Republic of Djibouti, through Article 70 of its Constitution, aligns with the monist doctrine, granting primacy to the Constitution while imposing specific conditions for the superiority of treaties over national legislation.
The President plays a pivotal role in the conduct of foreign policy, holding the exclusive authority to negotiate and approve international treaties prior to ratification by the National Assembly. This demonstrates a system of separation of powers, wherein the executive branch initiates and directs treaty policy, while the legislative branch ratifies these commitments, thereby ensuring democratic oversight.Once ratified and promulgated, treaties possess an authority that supersedes domestic legislation. This monist provision establishes that international commitments take effect within the domestic legal order without requiring implementing legislation. This confers a degree of fluidity and efficiency in the application of international law, which is essential for international cooperation and the uniform implementation of international norms. The application of treaties is contingent upon their reciprocal execution by the other party and their compliance with the law of treaties. This reciprocity clause ensures that Djibouti is not unilaterally bound if the other party fails to fulfill its obligations, which is a reasonable precaution and a common practice in international law. The final sentence of the article emphasizes the supremacy of the Constitution of Djibouti. No treaty containing provisions contrary to the Constitution can be ratified without prior constitutional amendment. This safeguards the normative hierarchy and the integrity of Djibouti's legal order by preventing conflicts between constitutional norms and international obligations.