ÚLOHA A VÝZNAM NESPOROVEJ PRÁVOMOCI MEDZINÁRODNÝCH SÚDNYCH A MIMOSÚDNYCH ORGÁNOV V SÚČASNOM MEDZINÁRODNOM PRÁVE

• Authors: Klučka Ján

Title variants

EN

Role and importance of the non-contentious jurisdiction of international judicial and unjudicial bodies in current international law

• Languages of publication: SK

Abstracts

EN

Against the background of globalization of international society and institutionalization (judicialization) of international law in the last quarter of the 20th century paper analyses their impact on the traditional individual means of interpretation of international treaties. Taking into account their potential disadvantages the attention is mainly paid to the means able to reduce and/ or prevent the eventual risks resulting from individual interpretation of treaties. The talk is about different interpretive procedures functioning within a number of regional organizations through judicial and unjudicial bodies. Regardless of their procedural and other specifics (preliminary rulings procedures, advisory jurisdiction of judicial and unjudicial bodies) their final outcomes provide authoritative interpretation of international treaties and/or legal orders of international organizations. The regional law makers however confirm different approach with respect of the binding nature of interpretive findings of these bodies, their eventual erga omnes effects as well as their different level of rigidity. These differences result from various models of intergovernmental and supranational integration and the will of member state to adopt legislative measures able to guarantee uniform interpretation of regional legal rules. The interpretive jurisdiction of international judicial and unjudicial treaty based bodies is however without prejudice to the application of individual and consensual means of interpretation regulated either in the text of a valid international agreements or in a later concluded „interpretative“ subsequent agreement and/or subsequent application practice (Article 31 (3) (a) and (b) of the Vienna Convention on the Law of Treaties.

Keywords

EN

INTERNATIONAL JUDICIAL; INTERNATIONAL LAW; UNJUDICIAL

• Publisher: Institute of State and Law of the Slovak Academy of Sciences
• Journal: Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
• Year: 2022
• Volume: 105
• Issue: 2
• Pages: 112 – 123

Contributors

author

Klučka Ján

• Faculty of Law of University of Pavol Jozef Šafárik, Košice, Slovak Republic

Identifiers

DOI

https://doi.org/10.31577/pravnyobzor.2022.2.02