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Subjects of modern International public law


Author: Cristina Martîniuc
Degree:doctor of law
Speciality: 12.00.10 - International Public Law
Year:2007
Scientific adviser: Nicolae Osmochescu
doctor, professor, Moldova State University
Institution:
Scientific council:

Status

The thesis was presented on the 27 January, 2007
Approved by NCAA on the 19 April, 2007

Abstract

Adobe PDF document – 0.33 Mb / in romanian

Thesis

CZU 341.1/.8(043.3)

Adobe PDF document 0.87 Mb / in romanian
183 pages

Keywords

subjects of international public law, original and primary subjects, de facto and de jure recognition, secondary and derived subjects, international legal personality, universal exercise of capacity, special exercise of capacity, limited exercise capacity, stately entity, international society, territory, population, sovereignty, unitary state, composed state, nations fighting for liberation, intergovernmental organization (IGO) nongovernmental organization (NGO), transnational society, atypical subjects, status of the Union of Soviet Socialist Republics as subjects of international law, status of the individual in the international public law

Summary

The thesis is dedicated to issues related to the subjects of modern international public law. For the first time in the Republic of Moldova’s literature the subjects of international public law are treated in a complex manner, though the lenses of requirements and provisions of norms and principles of international law, covering not only primary, original and full capacity subjects, but also the derived and limited capacity ones.

In the development of this work new elements have been added to what is already known and published in the specialized literature in our country, taking into consideration that up until now this area has been treated only partially and tangentially. The distinct character of this work lies in the author’s attempt to make a clear investigation on the central place dominated by the issues of international public law. One must mention that the existence of public international law is focused on the identification of the subjects of the rules contained in the aforementioned. It is important to know who are applied to the norms, rules and principles of international law, otherwise the whole set of norms and sanctions would be deprived of finality and the reason to be on the international law would disappear.

During the writing of this work, the author had several objectives: to formulate the notion of the subject of international public law, paying a special attention to the difference between subjects of international law and subjects of internal law; to determine what are the characteristics and conditions necessary to be met by an entity to qualify as a subject of international law, participant in international law regulated relations; to define the notion of international public law subject, that exists in international law relations where the quality of the bearer of international rights and obligations is shown and realized; to classify the subjects of international public law in relation to the evolution of international relations, in the context of their continuous democratization; to analyze from a legal point of view the characteristics of the international personality of the states; to study and research the evolution of fundamental rights and obligations of the states, that define and delimitate the area of licit and illicit in the international law; to put in evidence through comparison the subjects’ capacity to act in the international law; to emphasize the capacity as subject of the international public of the Republic of Moldova and to analyze the peculiarities of this capacity’s application today.

In this context, the results of author’s researches and theoretic conclusions can be used in the higher education system by students, doctoral researchers, and lecturers of law, international relations, political sciences and administration. This work can serve as guidelines and source of legal knowledge for all those interested in international public law.