2. Articole
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Item Rolul actului jurisdicţional internaţional(2012) Sârcu, DianaDue to their variety, international judicial acts have an important role in the international law sources system leading to the realization of the fundamental functions of law. Through its functions, the international judicial act has an outstanding effect on the maintenance of international peace and security, prevention and punishment of international crimes and protection of human rights and fundamental freedoms. Nowadays the peaceful means of international disputes settlement both in practice of international relations and in theory of international law are really various in order to achieve the proposed tasks. The settlement of international disputes by peaceful means represents a basic principle of international relations which offers needed criteria and opportunities to states of the world to achieve a rapid and reasonable solution according to international law with good faith and effective cooperation. What about the role to prevent and punish international crimes, the acts including adopted sentences emitted by the International Criminal Court (ICC), which is the first and unique permanent specialized criminal tribunal, are directed to punish the already committed the most serious international criminal offences, as well as to prevent the commitment of future ones. In a clear manner international ad-hoc tribunals had a substantial influence upon the promotion and factual realization of that role, but only the ICC is engaged to build a new international society conscious of the irreversible consequences of international crimes committing. The role of protection of fundamental rights and freedoms inherent to a human being is also specific to judicial acts, an international tribunal being competent to decide upon a case concerning a violation of any guaranteed right, the adopted decision this way having the authority res judicata. Case law of international courts being not uniform as a concept and contents reflects the real degree of human rights respect in the whole international society and represents an important acquis leading to uniformity of fundamental concepts from diverse legal systems.Item The trusteeship and mandate systems - methods of exercising the territorial jurisdiction of the state in public international law(2018) Cernomoreț, Sergiu; Cazacu, DoinaTerritory is one of the “major notions” of international law, arose from the need of states to distribute their competences on European and American continents between the 15th and 17th centuries. In certain time periods, the concept of “absolute competence” of the state over its territory underwent transformations. In this respect, the international community, through international organizations, in order to ensure international peace and security, the balance between the great powers and the countries which were only just starting to affirm their sovereignty, established international mechanisms for the administration of the territories. The scientific research that we have proposed to carry out will analyze the international mandate system and the international trusteeship system.Item SCOPUL ŞI FUNCŢIILE JUSTIŢIEI CONSTITUŢIONALE ÎN STATUL DE DREPT(CEP USM, 2021) Gherghelegiu, TatianaThe study is devoted to researching the purpose and functions of constitutional justice in the rule of law. Starting from the normative framework in force and the opinions expressed in the specialized doctrine, on this subject, the author concludes that the main purpose of constitutional justice is to ensure and guarantee, including the restoration of constitutional legality, and the main functions of constitutional jurisdiction lie in interpreting the Constitution, exercising control of constitutionality, protection of fundamental human rights and freedoms and ensuring respect for the principle of separation and cooperation of powers in the state.