The rule of law in international law and its application in practice Cover Image

ВЛАДАВИНА ПРАВА У МЕЂУНАРОДНОМ ПРАВУ И ЊЕНА ПРИМЕНА У ПРАКСИ
The rule of law in international law and its application in practice

Author(s): Stefan Dugajlić
Subject(s): Law, Constitution, Jurisprudence
Published by: Advokatska komora Vojvodine
Keywords: rule of law; international law; national law; hierarchy of regulations

Summary/Abstract: The subject of this article is to point out that the rule of law, often characterized as a national concept, crosses the national borders of sovereign states, and that the field of the rule of law has a direct impact on international law, relations between states, individuals and states, and between individuals. The increasing and more frequent interaction of the above subjects in international relations has led to the need to constitute certain rules – regulations, more precisely international law, and to ensure its enforcement, and to protect the subjects from possible violations of it. The rule of law becomes even more represented at the international level, with the establishment and later with the activities of international organizations such as: the United Nations, Council of Europe, European Union. By acceding to those organisations, by actively participating in instituting regulations and applying them, directly or through ratification, states renounce the acts of their sovereignty in a certain manner, accepting and enforcing those regulations, thus giving them a higher place in the hierarchy of regulations than national law. This article describes the path of the rule of law from the Grand Charter of Freedoms (Magna Carta Libertatum), as a national concept, to the present, where the rule of law has a strong and indispensable influence in creation, enforcement and protection of international regulations.

  • Issue Year: 81/2021
  • Issue No: 4
  • Page Range: 994-1019
  • Page Count: 26
  • Language: English, Serbian