The rule of law in international law and its application in practice

Stefan Dugajlić
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引用次数: 0

Abstract

The subject of this article is to point out that the rule of law, often characterized as a national concept, crosses the national borders of sovereign states, and that the field of the rule of law has a direct impact on international law, relations between states, individuals and states, and between individuals. The increasing and more frequent interaction of the above subjects in international relations has led to the need to constitute certain rules - regulations, more precisely international law, and to ensure its enforcement, and to protect the subjects from possible violations of it. The rule of law becomes even more represented at the international level, with the establishment and later with the activities of international organizations such as: the United Nations, Council of Europe, European Union. By acceding to those organisations, by actively participating in instituting regulations and applying them, directly or through ratification, states renounce the acts of their sovereignty in a certain manner, accepting and enforcing those regulations, thus giving them a higher place in the hierarchy of regulations than national law. This article describes the path of the rule of law from the Grand Charter of Freedoms (Magna Carta Libertatum), as a national concept, to the present, where the rule of law has a strong and indispensable influence in creation, enforcement and protection of international regulations.
国际法中的法治及其在实践中的应用
本文的主题是指出,法治往往被定性为一种国家概念,它跨越了主权国家的国界,法治领域对国际法、国家之间、个人与国家之间以及个人与个人之间的关系有着直接的影响。由于上述各主体在国际关系中日益频繁地相互作用,因此有必要制定某些规则-条例,更确切地说是国际法,并确保其执行,并保护各主体不受可能的违反。随着联合国、欧洲理事会、欧洲联盟等国际组织的建立和后来的活动,法治在国际一级的代表性更加突出。通过加入这些组织,通过积极参与制定法规并直接或通过批准实施这些法规,各国以某种方式放弃其主权行为,接受并执行这些法规,从而使这些法规在法规等级中处于比国内法更高的地位。本文描述了法治的道路,从《自由大宪章》(Magna Carta Libertatum)作为一个国家概念,到现在,法治在制定、执行和保护国际规则方面具有强大而不可或缺的影响。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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14
审稿时长
12 weeks
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