EIRP Proceedings, Vol 6 (2011)

Abstract

The objectives of the article are represented by the prove of the fact that the decisions of the court
give birth to rights and obligations in natural persons and judicial persons’ patrimonies, in internal law, so
that the problem if these can prevail from the authority of the thing judged is posed? Besides this situation,
the rules of international law are applied by national courts according to national constitutions and for
domestic purposes. According to the theory of the act of state, even if it would seem that, at least internal acts
of implementation of international rules are subjected to internal jurisdictions, the resolutions implemented
often touch the problem of security and public order which escapes the judicial competency. In order to
realize this study the systemic method, the comparative method and the logical method were used, but a tight
collaboration, a combination of research methods are imposed, so that each has the vocation to seize the
universe, thus it is proper to mention the contribution of epistemology as a reflection on sciences, bringing
into discussion a normative discourse in systems of descriptive texts. In conclusion, the national judge is free
to ignore the decisions of ICJ or to keep in mind these decisions in interpreting an internal law norm, an
international law rule or to avoid the reexamining of problems already presented in these decisions. It is
important to also realized an approach of the image of the law and of its meanings, beyond the clichés we got
used to, observing that, due to its complexity, law can not be reduced to one and unique representation.