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CNAA / Theses / 2016 / May /

The peculiarities of creation and application of international public law norms by states


Author: Florea Dumitrița-Nicoleta
Degree:doctor of law
Speciality: 12.00.10 - International Public Law
Year:2016
Scientific adviser: Natalia Chirtoacă
doctor, professor,
Institution:

Status

The thesis was presented on the 20 May, 2016
Approved by NCAA on the 6 October, 2016

Abstract

Adobe PDF document – 0.54 Mb / in romanian

Thesis

CZU 341.1/.8(043.3)

Adobe PDF document 1.63 Mb / in romanian
182 pages

Keywords

international legal norm, international legal order, bilateral collaboration, multilateral collaboration, codification, application in time and space of international law norms, international law application in internal law, free-will application by states

Summary

Structure of the thesis: introduction, three chapters, general conclusions and recommendations, bibliography from 190 titles. The results of the doctoral thesis have been exposed in 10 articles published in specialty reviews from Romania and Republic of Moldova.

The area of study of this work is the international and European public law.

The purpose and the objectives of the thesis. The purpose consists in multilateral research of features of the establishment and application of international legal norms by States in the light of the theoretical and practical aspects, as well as identifying obstacles to a viable international legal order.

The objectives are following: to determine the international legal order, the essential elements of which include: the creation and application by public international law; establish the form of a State involved in the creation of international legal norms through the provision of two distinct parameters, namely bilateral and multilateral cooperation among States; analysis of the application of international legal norms by States; imposition of restrictions in space and time of application of international legal norms; identify the consequences that arise with respect to countries that do not respect the content of international legal requirements.

The scientific novelty and originality consists in fact that the problem of creation and application by States of international legal norms through the identification and ordering of forms of participation of States in establishing and strengthening the international legal order has been studied for the first time in domestic practice as well as in the fact that the thesis contains a case for improving the international regulatory framework this area.

The scientific novelty and originality consists in a scientific justification, full and subjective representation of the features of the process of creation and application of international legal norms by States by developing a legal instrument for assessing the contribution of states to the progressive development of international law. And, therefore, the strengthening of the international legal order that gives a possibility to scientists and practitioners to clarify the existing gaps in the international system, and come up with concrete solutions to address the gaps in this area. Thereby facilitating and improving the system and optimizing the international law.

The theoretical significance of the research is determined by the originality and complexity of research devoted to the question of the exclusive participation of States in the establishment and enforcement of norms of international law. The thesis deals with the most relevant concepts and positions presented in the domestic and foreign doctrine. The applicative value of the work: We consider that this work will represent an base for the future researches and for the wording of new theories regarding the role of the States in application and respect of those norms under the conditions of permanent changes of configuration the international legal order.

The implementation of the scientific results. The study of this thesis and the conclusions are the basis for the development of recommendations and practical actions on the part of the scientific community and international organizations in the management of international relations and ensuring international cooperation. Thus, this work identifies the potential reader among graduate students, master’s and doctoral students and also the practitioners.