Short Considerations On Existing Legal Orders

Abstract

The discussion on the relationship between domestic law and international law is well known - with the two theories: dualism (concept that has as its starting point the unity of both legal orders according to the principle of subordination - with the priority of domestic law, respectively international law) and monism (according to which international law and domestic law are equal, independent, and separate). Each of these theories has merits and generates criticism at the same time. But the interest in this problem is not limited to a theoretical discussion, it also involves practical consequences – how it is possible that in the geographical space of a state only rules that do not belong to it are applied. If the law is the work of the state which, by virtue of its sovereignty, legislates for the entire space over which it exercises its jurisdiction, and this constitutes the internal legal order, instead treaties and other rules that apply to relations between states are based on the agreement between the respective states and they represent the international legal order.