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law which becomes applicable to a country through accession to or ratification of an international treaty, for instance, automatically forms part of the laws that are nationally enforceable without the need to amend national legislation to recognise the effects of the international treaty.
In a dualist system, legal practice recognises that international and national legal systems are distinctly separate systems and international law can only be considered binding once it has been properly domesticated through the amendment of national law to give proper force and effect to the international law/treaty.
Experts in international law will point out that such provisions are not necessarily an iron-clad determining factor as to whether every international treaty that the relevant country accedes to will automatically form part of national law — especially treaties regarding intellectual property (IP) matters. One of the core issues with the national applicability of IP treaties is that additional direction, procedures and mechanisms still have to be put into place on a national level to ensure that the national IP office knows how to deal with and process international registrations and how to procedurally handle objections. Even national trademark legislation is not considered to be enacted properly until the enabling regulations are enacted which com-