The 'Collateral Estoppel' Theory in International Law

Author:Claudia Andritoi
Position:Senior Lecturer, PhD, 'Eftimie Murgu' University, Traian Vuia Market, No. 1-4, 320085 Resita, România
Pages:47-54
SUMMARY

The objectives of the article are represented by the fact that the interdependence of the two legal orders, internal and international, refers to the fact that, international law without internal law signifies federalization, which the contrary situation signifies the impossibility of establishing an international community.

 
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Abstract:
The objectives of
legal orders, internal and int
signifies federalization, whi
international community
. Th
national constitutions and for
would seem that, at least i
internal jurisdictions, the re
order that escapes the ju dicia
of the SC has been justified
been in the position of interp
will efficiency the applicatio
other side, national law repr
state plan.
Keywords:
collateral estopp
1. Introduction
The co
mplexity of pos
same time, through th
represented by the fact
in which rules of inte
obstacle in its applic
invalidated by a norm o
of rules of internal law
realize a practice or a un
1
Senior Lecturer, PhD,
“Efti
România. Tel.: +40.25. 210.2
J
The „Collateral Estoppel” Theo
International Law
Claudia ANDRIOI
1
terdependen
international, refers to the fact that, international law withou
hich the contrary situation signifies the impossibility of es
The rules of international law are applied to national court
for domestic purposed. According to the theory of the act of st
t internal acts of implementation of international
rules are
resolutions implemented often touch the problem of securit
icial competencies. But, sometimes, the refuse of controlling th
d
according to the UN Charta supremacy. In this case, nationa
terpreting the CS resolutions. In conclusion it results that inte
tion of positive law being at least, an instrument
of interpretin
epresents an exclusive means of transposing international re
ppels; reexamination; collateral effect; normative reinforcemen
ositive law is manifested through the autonomy
the interdependence of the two legal orders. Au
ct that internal law established a suzerain manner t
ntern
ational law occupy and, thus, this cannot re
lication. Unlike this aspect, international law
of internal law, being capable of establishing the
w on an internati
onal plan, even if, sometimes, it is
uniform jurisprudence.
ftimie M urgu” University, Traian Vuia Market, No . 1
-
4, 32
0.214; fax: +40.255.207.504. Corresponding author:
c.andritoi
AUDJ, vol
. VII, no.
JURIDICA
47
eory in
dence of the two
out internal law
establishing an
urt according to
f state, even if it
are subjected to
urity and public
g the resolutions
onal courts have
nternational law
ting, and, on the
regulation on a
ent
y and at the
Autonomy is
r to the place
represent an
w cannot be
the efficiency
t is difficult to
3 20085 Reia,
itoi@uem.ro
.
o.
2, pp. 47-54

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