Sovereignty and Interpretation of International Norms by Carlos Fernández de Casadevante y Rom

By Carlos Fernández de Casadevante y Rom

This paintings bargains a entire and critic method of overseas judicial and arbitral case legislations relating interpretation of foreign norms and overseas associations in addition to to the best way the foreign court docket of Justice conceives entry to its jurisdiction and its workout.

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26 Sovereignty and Interpretation: A Relationship of Dependence antagonistic pretensions of the parties. Moreover, the case might arise where the interpretation carried out by the internal organism is not in line with International Law. In order to solve this contradiction, the parts need to appeal to some judicial or arbitration procedure for settling disputes, and so the unilateral interpretation of each one of these will be substituted by the interpretation given by the judicial or arbitration organism74.

The States Parties to this Convention shall endeavour by all appropriate means, and in particular by educational and information programs, to strengthen appreciation and respect by their peoples of the cultural and natural heritage defined in Articles 1 and 2 of the Convention. 2. They shall undertake to keep the public broadly informed of the dangers threatening this heritage and of the activities carried in pursuance of this Convention” (International Legal Materials, 1972, p. 1358). 15 16 The difficulties arising from the language used in order to state the obligation mainly appear in the obligations regarding behaviour and prevention (see on this matter, the examples quoted in the notes (14), (16) and (17) of this Chapter.

Pages 143 et seq. M. DUPUY points out “On extracting the quintessence from the different state conducts at legal level, opting for the legal content of declarations, attitudes and behaviour of the those affected by the law, and putting them into perspective with key concepts on which praetorian reasoning is constructed, the judge is led to extract strong ideas from which he draws logical conclusions more so in international law than in other fields. The level of generality which is the product of a normative synthesis at time confers a content which is quite far from what the States would have spontaneously conferred on these regulations” (“Le juge et …” op.

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