독일 국내법상 국제법의 지위

The Status of International Law in German Domestic Law The relationship between international law and domestic law in Germany can be summarized to avoid the conflicts between two legal systems by friendliness to international law. According to the article 25 of the German basic law relating to international customary law, Germany accepts the doctrine of incorporation and sees international customary law standing between constitution and statutes. In relation to treaties, German scholars hold the doctrine of mitigated transformation and the doctrine of execution, however, state practice and German domestic courts do not expressly accept either of the doctrines. Though some professors argue that the doctrine of execution is proper because the German Federal Constitutional Court often uses the term ‘order of application’ in order to explain the effects of consent of the legislature, Germany accepts the mitigated or mixed theories, like other countries. Treaty has the status of federal statute in German domestic law and can be invalid by the rule lex posterior derogat legi priori. This research on the relationship between international law and domestic law in Germany seems to give some suggestions to Korea that accepts only the doctrine of incorporation, without distinction of international customary law or treaty.