Izvorni znanstveni članak
NATIONAL OR INTERNATIONAL ADJUDICATION AS ESSENTIAL ELEMENT OF INTERNATIONAL LAW?
Mario Krešić
; Pravni fakultet Sveučilišta u Zagrebu
Sažetak
Among the theoretical models of international law, there are those models that do not acknowledge international adjudication or if they do, than national courts are not subordinated to that international adjudication. This article will critically examine the viability of such models using the following concepts of the general theory of law: justiciablity of norms, voidability of norms and unity of the legal system. The explanation of why the international and national authorities apply international law in different ways can be depicted through the Kantorowicz`s concept of justiciablity. Although Kelsen`s monistic model of law with priority of states and Ross`s dualistic model of law have recognized the status of unsolvable contradictions between norms as part of the internal logic of the model of international law, the legal character of such models is questionable if the law is understood as a normative system designed for solving real social relations. It can be claimed that relying of the international law model solely on the operations of national authorities will not lead to the unity of the legal system if we conceive international law as objectively valid and/or as a separate part of the national system designed for mutual communication, interaction, coordination and integration of the states.
Ključne riječi
justiciablity; voidability of norms; conflict of norms; international adjudication; unity of legal system
Hrčak ID:
119391
URI
Datum izdavanja:
19.12.2013.
Posjeta: 2.743 *