THE AUXILIARY MEANS TO DETERMINATION OF THE NORMS OF INTERNATIONAL LAW

Narcisa Gales () and Dumitrita Florea ()
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Narcisa Gales: Lecturer PhD, "Stefan cel Mare" University of Suceava, Romania
Dumitrita Florea: Lecturer PhD, "Stefan cel Mare" University of Suceava, Romania

European Journal of Law and Public Administration, 2016, vol. 3, issue 1, 47-59

Abstract: The acceptances of the notion of international law has experienced different interpretations in the works of scholars in the field, but all of them lead to the conclusion that this notion designates the rules governing the inter-state relationships, idea that we agree with too. The mandating of international public law rules is put under a sign of great uncertainty. Although the international legal order is imperfect and incomplete, the international public law is part of a legal phenomenon and not of a moral one. No state denies the existence of the international public law as a branch in itself and all the states need to recognize its necessity as a condition of international order, for maintaining the peace and security in the world. The development of international relationships national for the inception human society up to these days as well as the social and political global conditions have imposed a strong interdependence with the formation and the historical development of international law. International law must not be designed independently of the political factors just because they work or affect the sphere of international relationships. The first regulatory tool of the international relationships was the international custom and only later these relationships were established by treaties. Therefore, we can say that there are two ways by which states have sought the establishment of an interstate or international law, and specifically: a customary way, created by the unwritten rules and a conventional way, objectified through written agreements called treaties, pacts, conventions, acts, chart.

Keywords: international law; the international jurisprudent; doctrine; equity; resolution (search for similar items in EconPapers)
JEL-codes: A23 K33 (search for similar items in EconPapers)
Date: 2016
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