THEORETICAL ASPECTS REGARDING THE APPLICATION OF TREATIES IN TIME AND SPACE
Treaties in force, more precisely those not affected by a cause of nullity or not expired, must be applied by the parties in good faith. The application of a treaty implies the obligation to introduce it into the internal legal order of each state party and raises the issue of the relationship betwe...
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Language: | English |
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Nicolae Titulescu University Publishing House
2023-06-01
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Series: | Challenges of the Knowledge Society |
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Online Access: | http://cks.univnt.ro/download/cks_2023_articles%252F3_CKS_2023_PUBLIC_LAW%252FCKS_2023_PUBLIC_LAW_013.pdf |
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author | Roxana-Mariana POPESCU |
author_facet | Roxana-Mariana POPESCU |
author_sort | Roxana-Mariana POPESCU |
collection | DOAJ |
description | Treaties in force, more precisely those not affected by a cause of nullity or not expired, must be applied by the parties in good faith. The application of a treaty implies the obligation to introduce it into the internal legal order of each state party and raises the issue of the relationship between international law and the internal law of the states. The application in time of treaties is governed by the principle of non-retroactivity of conventional provisions. In principle, a treaty is applied on the territory or with regard to the territory of the contracting parties. There are, however, cases in which the treaty can only be applied to a part of their territory or it can have an „ultra-territorial” application, that is, it is intended to be applied on the territory of third countries. |
format | Article |
id | doaj-art-0c304da447f24e98859322a51f473f55 |
institution | Kabale University |
issn | 2068-7796 |
language | English |
publishDate | 2023-06-01 |
publisher | Nicolae Titulescu University Publishing House |
record_format | Article |
series | Challenges of the Knowledge Society |
spelling | doaj-art-0c304da447f24e98859322a51f473f552025-01-02T23:00:47ZengNicolae Titulescu University Publishing HouseChallenges of the Knowledge Society2068-77962023-06-01161321326THEORETICAL ASPECTS REGARDING THE APPLICATION OF TREATIES IN TIME AND SPACERoxana-Mariana POPESCU0Associate professor, PhD, Faculty of Law, „Nicolae Titulescu” University of Bucharest (e-mail: roxana.popescu@univnt.ro).Treaties in force, more precisely those not affected by a cause of nullity or not expired, must be applied by the parties in good faith. The application of a treaty implies the obligation to introduce it into the internal legal order of each state party and raises the issue of the relationship between international law and the internal law of the states. The application in time of treaties is governed by the principle of non-retroactivity of conventional provisions. In principle, a treaty is applied on the territory or with regard to the territory of the contracting parties. There are, however, cases in which the treaty can only be applied to a part of their territory or it can have an „ultra-territorial” application, that is, it is intended to be applied on the territory of third countries.http://cks.univnt.ro/download/cks_2023_articles%252F3_CKS_2023_PUBLIC_LAW%252FCKS_2023_PUBLIC_LAW_013.pdftreatyterritorial applicationapplication in timestate partythird state |
spellingShingle | Roxana-Mariana POPESCU THEORETICAL ASPECTS REGARDING THE APPLICATION OF TREATIES IN TIME AND SPACE Challenges of the Knowledge Society treaty territorial application application in time state party third state |
title | THEORETICAL ASPECTS REGARDING THE APPLICATION OF TREATIES IN TIME AND SPACE |
title_full | THEORETICAL ASPECTS REGARDING THE APPLICATION OF TREATIES IN TIME AND SPACE |
title_fullStr | THEORETICAL ASPECTS REGARDING THE APPLICATION OF TREATIES IN TIME AND SPACE |
title_full_unstemmed | THEORETICAL ASPECTS REGARDING THE APPLICATION OF TREATIES IN TIME AND SPACE |
title_short | THEORETICAL ASPECTS REGARDING THE APPLICATION OF TREATIES IN TIME AND SPACE |
title_sort | theoretical aspects regarding the application of treaties in time and space |
topic | treaty territorial application application in time state party third state |
url | http://cks.univnt.ro/download/cks_2023_articles%252F3_CKS_2023_PUBLIC_LAW%252FCKS_2023_PUBLIC_LAW_013.pdf |
work_keys_str_mv | AT roxanamarianapopescu theoreticalaspectsregardingtheapplicationoftreatiesintimeandspace |