THE SYSTEM OF THE INTERNATIONAL COURTS
DOI:
https://doi.org/10.18662/eljpa.2014.0102.04Keywords:
International justice, international laws, The International Court of Justice, The International Criminal Court, international, dispute.Abstract
The abundancy, the diversity and the complexity of legislative texts and the regulations of various international documents contribute to the rendering of increasingly less difficult possibilities of solving the international conflict occurring in the interstatal relationships[1]. We notice that the international justice, as well as the mechanisms that put it into action, made up of regulations and arbitrary laws, are a very important way for the application of international law norms, as well as of the creation and development of the international public order. The international justice has features derived from the international law teachings namely: consensual character- what signifies that the agreement of the parties in a dispute is necessary for the recourse to a legal, arbitrary court, non-mandatory character- meaning that the parties of a dispute are free to choose, in order to resolve it, the politico-diplomatic means or other peaceful means, at their choice and there is no obligation of solving it legally or by arbitration. According to the article. 33 para. 1 of the UN Charter, international laws and instruments for the solution of the disputes represent the arbitration and the judicial path, along with the negotiations, the mediation, the conciliation, the investigation or the recourse to organizations or regional agreements[2].
[1] Barberousse- Guilbert E., Topeza D., Le guide practique du Droit, Solar Publishing House, France Loisir, Paris, 1981, p. 7.
[2] Nastase, A., Aurescu, B., Gîlea, I., Contemporany International Law, Ed. UJ, Bucharest, 2007,
pp. 21-22.
Florea, D., Gales, N. (2014). THE SYSTEM OF THE INTERNATIONAL COURTS. European Journal of Law and Public Administration, Year2014, Issue 2, December, pp. 37-48. DOI: http://dx.doi.org/10.18662/eljpa.2014.0102.04
References
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Nastase, A., Aurescu, B., Galea, I., Contemporary International Law, Ed. UJ, Bucharest, 2007.
Ponta, V., Coman, D., The International Criminal Court, Lumina-Lex Publishing House, Bucharest, 2004.
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