The Normative Interaction between International and National in the Consular Law

• Author: Jana Maftei
• Position: Professor, PhD, 'Danubius' University of Galati, Faculty of Law, Romania
• Pages: 65-73

JURIDICA

65

European and International Law

The Normative Interaction between International

and National in the Consular Law

Jana MAFTEI

1

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

1

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:

janamaftei@univ-danubius.ro.

AUDJ, vol. 12, no. 1/2016, pp. 65-73