The validity of international treaties as a guarantee of the fullfilment of principles and norms of international law
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StatusThe thesis was presented on the 29 October, 2022Approved by NCAA on the 24 February, 2023 Abstract – 0.59 Mb / in romanian – 0.57 Mb / in englishThesisCZU 341.24(043.3)
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Keywords
treaty, UN Charter, UN General Assembly, International Law Commission, UN Security Council, International Court of Justice, validity, general principles, fundamental principles, jus cogens, vitiated consent, unequal treaties, treaty violations. Field of study: this research refers to the field of public international law, general and special part, with a particular accent on the law of treatiesSummary
Thesis structure: introduction, three chapters, general conclusions and recommendations, bibliography of 396 titles, 4 annexes, 225 pages of basic text.
The purpose and the objectives of the thesis: to determine the theoretical and practical authority of international treaties, and to evaluate their capacity to reconfirm and realize the principles (general and fundamental) and jus cogens norms, in the context of contemporary architecture of geopolitical relations between states.
In this sense, in order to achieve the above-mentioned purpose, the following objectives were set: I. Scientific, normative and practical analysis of the notions of “international treaty”, “validity”, “general principles”, “fundamental principles”, and “jus cogens norms”; II. In-depth study of the validity of international treaties in the light of the codification works of the Vienna Convention on the Law of Treaties (arts. 46-52), the historical and contemporary practice of concluding unequal treaties, the evolution of the obligation to register international treaties, and the hierarchical organization of international treaties - art. 103 of the UN Charter; III. Analyizng the contemporary international practice on treaty violations.
The novelty and scientific originality of the thesis: it consists in exploring and evaluating if valid international treaties can guarantee the fullfilment of principles and norms of international law. The paper highlights the conflict between political will and legal norms, at the international level, and in order to strengthen the authority of legal norms and, implicitly, of international treaties, relevant proposals for amendments to the UN Charter are made. The theoretical significance of the thesis: consists in the in-depth research of the codification of vices of consent in the conclusion of international treaties - a fact which was not previously explored in the doctrine; updating the understanding of the definition of international treaties in the light of the latest ICJ case law; analysis of the interconnections between valid international treaties and the fullfilment of the norms and principles of international law.
The applicative value of the thesis: counterbalancing contemporary violations of international law by empirical legal and scientific arguments, and confirming the authority of international treaties in the architecture of contemporary geopolitical realities – these representing areas of interest for diplomats and lawyers specializing in international law (working for governments or international organizations).
Council's Members
- Natalia Zamfir,
doctor, associate professor (docent) - Diana Sîrcu-Scobioala,
doctor habilitat, professor, Moldova State University - Oleg Balan,
doctor habilitat, professor, Academy of Public Administration - Alexandru Cauia ,
doctor, associate professor (docent) - Valentin Roşca, secretary
doctor
Theses
Under consideration [1] :
- Freedom of thought in the context of Article 9 of the European Convention on Human Rights and the case-law of the European Court of Human Rights
16 December, 2022
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