Debating Sovereignty: Self-Encounters of the Limitation in the Implementation of International Law Cover Image

Debating Sovereignty: Self-Encounters of the Limitation in the Implementation of International Law
Debating Sovereignty: Self-Encounters of the Limitation in the Implementation of International Law

Author(s): Drita Mamuti-Fazlia
Subject(s): Constitutional Law, International Law
Published by: Editura Universitaria Craiova
Keywords: sovereignty; state; international relations; domestic law; international law;

Summary/Abstract: The aim of the paper is at elaborating the status of domestic law within international relations of legal subjects and, at the same time, at elaborating the status of international law in domestic legal acts. The deficit of direct measures for sanctioning non-application of international law was justified by the protection of national states with their highest instrument – their sovereignty. National sovereignty remains a state protector in domestic frames also fromeventually influences of foreign states. But, what happens if states search international assistance for solving their contests and then, cannot implement the law because of the lack of instruments for application of decisions of the International Law Court? The contest of solving from the International Court of Law is one of the main points, that guarantees international protection for states as subjects of international law, but, at the other side, there are specific cases of non-application of its decisions. This emphasizes is needed for a re-definition of the relations between domestic and international law. The topic that is citied here is the lawsuit of the Republic ofMacedonia against the Republic of Greece submitted to the International Court of justice. What happened in that period, how that agreement is implemented nowadays, what are the relations between Macedonians and Greek people and also the role of impact of sovereignty relations (how it is formed, what are its functions, relations with other laws in general) are all subsequently explained.

  • Issue Year: 2015
  • Issue No: 48
  • Page Range: 22-31
  • Page Count: 10
  • Language: English