INTERNATIONAL LAW: PERFECT STATUS OF STATES, RELATIONS, MACHINERY
INTERNATIONAL LAW: PERFECT STATUS OF STATES, RELATIONS, MACHINERY
Author(s): Maria KaurakovaSubject(s): Administrative Law
Published by: Universitatea Nicolae Titulescu
Keywords: International Law; Status of Sovereign States; International Law Machinery; Sovereign Rights; Sanctions;
Summary/Abstract: In this paper an enquiry is instituted into the idea of (positive) law in connection with which notice is taken of the nature, character, function and effect of law as well as of rights as the product of the law and not without reason. If we say that the positive law is the product of the supreme power of states as the main form of life of men, then the said power may not be restrained by the law, nothing may determine their actions and these actions should not be made strictly in accordance with any rules of law laid down by such states, but states are free to decide how to act. Such a freedom is natural and absolute. It is a fundamental right of all sovereign states, which may neither be waived nor abridged. However, this power is exercisable within strict territorial boundaries. Within these boundaries such states are free to decide which conduct of their subjects is compatible or incompatible with the rule of law. Incompatibility is excluded when nothing precludes distinct subjects of law from using their rights, provided that this use does not come in conflict with the rights and interests of other subjects of law. However, beyond these boundaries, this supreme power of states is restrained by the supreme power of other states and may never be exercised without their free, clear and unequivocal consent to this end affecting the force and effect of their international obligations. The world comprises a great number of states entering into different types of relations. These relations require that to ensure predictable cooperation and communication among them, they should act in accordance with the rules made by them specifically to attain the aim to ensure growth and development of the states, which take place in their contact and interaction with one another. But the question is what we may say of states as modern subjects of international relations governed by the international law? It is also important to know whether this law may ever be found useless in respect of questions arising between the states? Amid the manifold discussion concerning the status, relations and machinery in the realm of international law, the one that we propose in the present paper should not be treated as vain. As a result of the present research the reader will know what the perfect status of sovereign states as subjects of international law is, how to distinguish perfect relations from the imperfect ones in this realm and how the perfect machinery of the international law should operate. This knowledge should be put to work in building harmonious international relations among the states and the whole international community. In this paper we tried to gather and summarize many facts to illustrate as briefly as possible the truth or the way to this truth in this realm. This should save the space and time of all those interested in the study of different phenomena of international law as well as of the manner of operation of wellrecognized rules and principles laid down in appropriate international treaties. Because the whole thing appears to be a kind of efficiency of international law, efficiency of international relations and efficiency of states as the main form of life of all men.
Journal: LESIJ - Lex ET Scientia International Journal
- Issue Year: XXVIII/2021
- Issue No: 1
- Page Range: 16-31
- Page Count: 16
- Language: English