National and International Law Relationship. The Application of the International Decisions Concerning the Private Person Situation in the National Legal Order Cover Image

National and International Law Relationship. The Application of the International Decisions Concerning the Private Person Situation in the National Legal Order
National and International Law Relationship. The Application of the International Decisions Concerning the Private Person Situation in the National Legal Order

Author(s): Cristina Pigui
Subject(s): International Law, Evaluation research, Sociology of Law
Published by: Editura Universitaria Craiova
Keywords: international norms; private person’s situation; implementation; effectiveness; national courts; decisions;

Summary/Abstract: This article analyses the difficult problem of the relationship between the national and the international law, referring to the international settlements in this matter, to various decisions of several national courts and to the opinions of some important scholars. The conclusion is that that the international law will make more efficient the national law application being, at least, an instrument of its interpretation and, on the other hand, the national law is the exclusive mean for transposing the international rules on the state plan. Indifferent that they are two distinct orders or they are two distinctive parts of the same universal order, the international and national law contribute to fulfil their common aim and, in the same time, their primordial function: the maintaining of the peace and social cohesion.

  • Issue Year: 2008
  • Issue No: 20
  • Page Range: 12-35
  • Page Count: 24
  • Language: English