JURIDICAL TRANSPLANTATION OF INTERNATIONAL REGULATIONS IN NATIONAL LAW
JURIDICAL TRANSPLANTATION OF INTERNATIONAL REGULATIONS IN NATIONAL LAW

Summary/Abstract: In conditions of full equality of rights, sovereign states, create legal rules which fundament the public international law. Considering that, treaties but also other sources of public international law, are formed by the free expression of the will of the states and of other subjects of specific legal relations, for the regulation these relations between them legal rules, contain dispositions of application, by which is provided voluntarily compliance and if necessary, by coercive measures applied by states, individually or collectively. The coordinator character of the will of states forms the basis for obligativity of international law, of implementation and of respect of its rules. Norms or rules of international law, have not dispositions wich to stipulate way in which to make legal transplanting of international regulations in the national law, this being exclusive appreciation of the sovereign state, if in treaty does not provide otherwise. Thus, legal rules binding, in relations between states, constitute creation of their own will, freely expressed, how this result of international conventions or customs accepted as expressing the rule of law.

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