Problem of the hierarchy of international treaties and Mongolian law (comparative constitutional and legal analysis)

International law is superior to domestic one from the perspective of international law theory. If we look at the problem from this point of view, or from the principle of “Pacta sunt Sevanda”, we can conclude that an international treaty override all the rules of domestic legal regulation. However, since there is a difference between the internal validity and international validity of legal rules, this is an interesting question. In international law, any state must adhere to the international agreements it has entered into, and there is no possibility for a country to retreat from its obligations under international agreements before international courts and tribunals using domestic regulations, including the Constitution. As a matter of international law international treaties are superior to all domestic regulations, including the Constitution. This shows that the validity of any domestic or internal legal rules and international legal rules differ from each other. For this reason, the Constitution should state that international agreements prevail over domestic legal rules in any state, and international treaties ratified by the state should have more authority than the laws. In the absence of such provisions/principles in the Constitution, international treaties do not prevail over domestic legislation.