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The territorial competence of the state in public international law


Author: Cazacu Doina
Degree:doctor of law
Speciality: 12.00.10 - International Public Law
Year:2017
Scientific adviser: Alexandru Burian
doctor habilitat, professor, Institute of History of the ASM
Institution:

Status

The thesis was presented on the 27 December, 2016
Approved by NCAA on the 16 February, 2017

Abstract

Adobe PDF document – 0.69 Mb / in romanian

Thesis

CZU 341.2(043.3)

Adobe PDF document 1.90 Mb / in romanian
184 pages

Keywords

competence, sovereignty, territorial state, jurisdiction, international servitude, condominium, international mandate, international trusteeship

Summary

Study domain: Public International and European Law.

The scope of the Phd thesisis to carry out comprehensive research in order to identify theoretical and practical problems related to the territorial jurisdiction of the state, corresponding to the general principles of public international law.

The objectives: analysis of ideas, opinions, theoretical and scientific concepts presented in public international law doctrine both in Moldova and other countries, having as object of investigation territorial jurisdiction of the state; defining the territorial jurisdiction of the state in international law; determining the correlation between the concepts of "sovereignty", "competence" and "jurisdiction"; appearance and revealing ways of establishing the territorial jurisdiction of the state in international law; identify and describe the content of the territorial jurisdiction of the state and establish territorial limits of its exercise in the light of international and national legal acts, taking into account the views doctrinal matters and international practice; defining the concept of international servitude and identification of special categories of servitude, highlighting the issue of legality stationary and placement of foreign armed forces on the territory of another state in terms of regulations and international practice; defining the concept of condominium and identification of its main featureas; conceptual approach to the mandate and international trustship.

The scientific novelty and the originality of the results obtained consist in the presentation of certain concepts, ideas, approaches set out in the doctrine of Public International Law in relation to the issue of territorial competence of the state, with submitting own proposals for appraisal of the position proposed for support.

The important scientific problem resolvedconsists in developing identification tools of the concept of state territorial competence in Public International Law with the help of a full and fair presentation of the characteristics and content of territorial jurisdiction and identification of the limits of exercise of state territorial competence in Public International Law,which contribute to the need for regulation of the concept of territorial competence of the UN resolution, promoting the improvement and rationalization the system of local international law.

The theoretical importance of the Thesisconsists in the fact that the Thesis may represent a solid scientific and methodological basis for the scientific literature, in particular for the continuous development of the science of Public International Law.

The practical value of the Thesis is due to scientific and didactic value,as well as the definition of recommendations made in the Thesis,so that they should be offered to government agencies for their continued provision of specialized international organizations.

The implementation of the scientific results is reflected in the process of teaching students of law and international relations faculties from higher education institutions. Also studied topic has been presented in scientific papers in international conferences.