DE LA STANDARDE GLOBALE LA PRACTICI NAȚIONALE: CUM NORMELE INTERNAȚIONALE CONTESTĂ ȘI REMODELEAZĂ LEGISLAȚIA INTERNĂ
FROM GLOBAL STANDARDS TO NATIONAL PRACTICE: HOW INTERNATIONAL NORMS CHALLENGE AND RESHAPE DOMESTIC LEGAL LAWS

Summary/Abstract: The interaction between international norms and domestic law is a subject of enduring interest, encompassing international relations and the fundamentals of sovereignty. The essential question is: what is the legal hierarchy when one legal system imposes an obligation on another? International norms provide a framework for behaviour at the global level, emanating from sources that supply rules and remedies. States consent to be bound in different ways; yet because compliance is voluntary and sovereignty remains intact, their status within states is contestable. Domestic law derives from sovereign authority, and obligations carry immediate repercussions. Still, international norms often purport to impose obligations directly on nationals, implying that rules should be acquired from the international plane. In this way, international norms may be considered to govern the state and its inhabitants, claiming primacy explicitly or implicitly through the legal meaning of states’ undertakings. The tension between them and domestic law arises whenever one legal system directs another. A monopoly of domestic law or tolerance of external oversight does not signify acceptance of hierarchy. International norms may instead be seen as competing systems, subsumed under sovereignty, or incorporated within the state’s legal order.

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