THE AUXILIARY MEANS TO DETERMINATION OF THE NORMS OF INTERNATIONAL LAW
DOI:
https://doi.org/10.18662/eljpa/2016.0301.06Keywords:
International law, the international jurisprudent, doctrine, equity, resolution.Abstract
The acceptances of the notion of international law has experienced different interpretations in the works of scholars in the field, but all of them lead to the conclusion that this notion designates the rules governing the inter-state relationships, idea that we agree with too. The mandating of international public law rules is put under a sign of great uncertainty. Although the international legal order is imperfect and incomplete, the international public law is part of a legal phenomenon and not of a moral one. No state denies the existence of the international public law as a branch in itself and all the states need to recognize its necessity as a condition of international order, for maintaining the peace and security in the world The development of international relationships national for the inception human society up to these days as well as the social and political global conditions have imposed a strong interdependence with the formation and the historical development of international law. International law must not be designed independently of the political factors just because they work or affect the sphere of international relationships. The first regulatory tool of the international relationships was the international custom and only later these relationships were established by treaties. Therefore, we can say that there are two ways by which states have sought the establishment of an interstate or international law, and specifically: a customary way, created by the unwritten rules and a conventional way, objectified through written agreements called treaties, pacts, conventions, acts, chart.References
Convention from Vienna from 1969 concerning the treaties law - in Mona Maria Pivniceru (2007), The international public law , vol. I, Ed. Hamangiu, Bucharest, p. 2.
Adrian Nastase, Bogdan Aurescu, Ion Galea (2007), The contemporany international law. Essential textes Ed. Universul Juridic, Bucharest, p. 311.
To see more examples in Valentin Constantin (2010), The international law, Ed. Universul Juridic, Bucharest, p. 192.
Valentin Constantin (2010), op.cit., p. 192-193 si Beatrice Onika-Jarka, Catrinel Brumar, Daniela-Anca Deteseanu (2006), The international public law . Seminary book , Ed. C.H. Beck, Bucharest, p. 12, 13, 38, 69, 131, 188.
In the law - Beck’s Law Dictionary - A compendium of International Law terms and phrases.
After law - List of latin phrases - Beck's Law Dictionary in A compendium of International Law terms and phrases www.peoplevirginia.edu - accesat la data de: 15.03.2013.
Out of law.
Adrian Nastase, Bogdan Aurescu, Cristian Jura (2009), The international public law , Ed. C.H. Beck, Bucharest, p. 80.
Dumitru Mazilu (2005), The international public law , Ed. Lumina Lex, Bucharest, p. 319.
Aurel Preda-Matasaru (2007), The international public law treaty, Ed. Lumina Lex, Bucharest, p. 302.
Valentin Constantin (2010), op.cit., p. 199-200.
The International Court of Justice Statute, in Adrian Nastase, Bogdan Aurescu, Ion Galea (2007), op.cit., p 314.
For example, Valentin Constantin (2010), op.cit., p. 207.
Articles 31-32 from Convention from Vienna from 1969 concerning the treaties law enter the states, in Adrian Nastase, Bogdan Aurescu, Ion Galea (2007), op.cit., p. 122-123.
Meaning a norm which we can incorporated in the international law system.
Adrian Nastase, Bogdan Aurescu, Ion Galea (2007), The contemporany international law. Essential textes Ed. Universul Juridic, Bucharest
Adrian Nastase, Bogdan Aurescu, Cristian Jura (2009), The international public law , Ed. C.H. Beck, Bucharest
Aurel Preda-Matasaru (2007), The international public law treaty, Ed. Lumina Lex, Bucharest
Beatrice Onika-Jarka, Catrinel Brumar, Daniela-Anca Deteseanu (2006), The international public law. Seminary book, Ed. C.H. Beck, Bucharest
Dumitru Mazilu (2005), The international public law , Ed. Lumina Lex, Bucharest
Liana-Teodora Pascariu, An analysis of the effects the directive produce to internal jurisprudence, in European Journal of Law and Public Administration, 2015.
Mona Maria Pivniceru (2007), The international public law, vol. I, Ed. Hamangiu, Bucharest
Valentin Constantin (2010), The international law, Ed. Universul Juridic, Bucharest
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