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ASPECTS REGARDING THE STATE AS THE MAIN SUBJECT OF PUBLIC INTERNATIONAL LAW
Abstract
The State is the main subject of public international law and the main actor on the international scene. The role of states in the development of international relations has evolved over time, starting with the classical manifestation of state sovereignty and reaching to this day when the role of individually viewed states has gradually yielded ground to international organizations such as the European Union or the United Nations. This is due to the fact that, in line with the new global challenges, states singularly can no longer meet the new demands. So, it can be said that states are forced to evolve to perpetuate their global identity. In this respect, some references to state sovereignty as their main and essential prerogative need to be analyzed. The states are still main genuine public international law subjects? If the answer is affirmative, we can still ask whether the states will still have this quality or will be replaced with other entities that will have the status of the main subjects of international law? On the basis of the above, we aim to present the actual position of state as its main subject of public international law, referring to the new trends in the international relations.
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References10
R.M. Besteliu, Drept international public, Vol. I, Ed. 3, C.H. Beck Publishing House, Bucharest, 2014, p. 22.
I. Muraru, S.Tanasescu, Drept constitutional si institutii juridice, 13 th Edition, Vol. 1, C.H. Beck, Publishing House, Bucharest, 2008, p. 2-3.
V. Slanovschi, Note de curs drept internaЕЈional public (Ciclul I), Ministry of Education of the Republic of Moldova, European Studies University of Moldova Faculty of Law, Cahul, 2013, p. 22, http://www.usem.md/uploads/files/Note_de_curs_drept_ciclul_1/017_-_Drept_international_public.pdf
R.M. Besteliu, Drept international public, op.cit. p. 39.
See R.M. Besteliu, Drept international public, op.cit. p. 46.
William Worster: Sovereignty – Two Competing Theories of State Recognition, https://exploringgeopolitics.org/publication_worster_willliam_sovereignty_constitutive_declatory_statehood_recognition_legal_view_international_law_court_justice_montevideo_genocide_convention/
For details see Robert D. Sloane, The Changing Face of Recognition in International Law: A Case Study of Tibet, Emory International Law Review, Vol. 16, 2002, p. 107 – 186.
M. Djuvara, Teoria Generala a Dreptului (Enciclopedia Juridica), Vol. I, I. Introducere, II. Notiuni preliminare despre drept, Library Socec & Co Publishing House, Bucharest, 1930, p. 120.
M. Djuvara, Teoria Generala a Dreptului, op. cit. P. 106.
See R.S. Pătru, Anumite consideraţiuni privind personalitatea juridică a Uniunii Europene în urma Tratatului de la Lisabona, Consilier European Rewiev, no. 1/2010, pp. 12 – 18
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