Civilizatorul afabil
The gentle civilizer
Author(s): Valentin ConstantinSubject(s): Law, Constitution, Jurisprudence, Civil Law, International Law
Published by: Universul Juridic
Keywords: civilizer; primitive structures; sophisticated system; recognition rule; plurality of legal bases; anarchic structure; balance of power; interpretation of rules; reasonable/unreasonable;
Summary/Abstract: International law today is going through a complete crisis. The legal discipline is in crisis or, in other words, the object of study is in crisis. The regulatory system is also in crisis. The study of the discipline rarely goes beyond the routine of constantly comparing international law with centralized systems of domestic law. The normative system is the subject of lively contestation. On the one hand, its Western origin is attacked. On the other hand, its relative immobility. As a remedy, new sources of law, i.e. new modes of normative production, have been proposed. There has been pressure for the imposition of “soft law” and recognition of the normative value of UN General Assembly resolutions. In his plea for international law, the author emphasizes the role it has played in the development of domestic law systems and its apparently modest role as a civilizer of the national interest.
Journal: Revista Română de Drept Privat
- Issue Year: 2022
- Issue No: 01
- Page Range: 383-392
- Page Count: 10
- Language: Romanian
- Content File-PDF