The Normative Interaction between International and National in the Consular Law

AuthorJana Maftei
PositionProfessor, PhD, 'Danubius' University of Galati, Faculty of Law, Romania
European and International Law
The Normative Interaction between International
and National in the Consular Law
Abstract: In this paper we have analyzed issues related to the feature of the
consular law, i.e. to provide balance and to harmonize the two national legal
systems, the one of the sending State and the receiving State, on the one hand, and
the coexistence of the international norms and rules of internal law on regulating
the consular relations, exercising the consular functions, organization and
functioning of consular offices. For the development of paper we have used as
research methods the analysis of the problems generated by the mentioned subject,
with reference to doctrinal views expressed in treaties and specialized papers,
documentary research, interpretation of the legal norms in the matter.
Keywords: international law; international cooperation; sovereignty
1. Introductory Considerations
The interaction issue of international law with the internal law of the states
concerned the legal thinking and generated disputes and contradictions over time,
which have resulted in the development of “two opposing constructions”
(Geamănu 1975, p. 108 and the next; Rousseau, 1965, pp. 4-11): dualism and
monism (Diaconu, 2002, pp. 38-44).
The monistic theory understands the international law as a law of the same nature
with internal law (Blacher, 2008, p. 5) and it considers that the international and
Professor, PhD, “Danubius” University of Galati, Faculty of Law, Romania, Address: 3 Galati Blvd,
Galati, Romania, tel: +40372 361 102, fax: +40372 361 290. Corresponding author:
AUDJ, vol. 12, no. 1/2016, pp. 65-73

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT