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

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 ANDRIOI

1

of the article are represented b y the fact that the in

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 Reia,

itoi@uem.ro

.

o.

2, pp. 47-54