One of the important roles of international judicial act in the process of maintaining international peace and security

• Author: Denisa Barbu
• Position: Faculty of law and Administrative Sciences, Department of Administrative Sciences, Targoviste, 'Valahia' University of Targoviste, Romania
• Pages: 7-12

AGORA International Journal of Juridical Sciences, www. juridicaljournal.univagora.ro

ISSN 1843-570X, E-ISSN 2067-7677

No. 4 (2014), pp. 7-12

7

ONE OF THE IMPORTANT ROLES OF INTERNATIONAL JUDICIAL ACT

IN THE PROCESS OF MAINTAINING INTERNATIONAL PEACE AND SECURITY

D. Barbu

Denisa Barbu

Faculty of law and Administrative Sciences, Department of Administrative Sciences,

Targoviste

“Valahia” University of Targoviste, Romania

*Correspondence: Faculty of law and Administrative Sciences, Targoviste, Sos. Gaesti, nr.8 –

10, Jud.Dambovita, România

e-mail:

denisa.barbu77@yahoo.com

Abstract

Through the functions it performs, the judicial act has an important role in the

maintenance of international peace and security, the prevention and repression of crime, as

well as of the international protect ion of human rights and fundamental freedoms. Even the

duties of public international law coincide with these goals.

Keywords: cooperation, international jurisdictions, cases.

Introduction

Since it is an act of jurisdiction to decide a dispute which is a threat to international

peace and security, it should be treated from now on as a particular source, since it ensures the

realization of the fundamental principles of international law.

One of the fundamental requirements of the maintenance of international pe ace and

security is the peaceful settlement of international conflicts. International disputes were

solved over history-for the restitution of the rights claimed or actually infringed-on the

battlefield, often resorting to force of arms, ignoring the law.

Before resorting to military force, in case of an Interstate dispute, it is best to finish all

the means suitable to bring about a peaceful solution, especially with no human casualties.

Peaceful settlementof international disputes

Either in the practice of international relations and in the theory of international law,

the means of resolving disputes are particularly varied, international law representing one of

the guarantees of peace and constructive international cooperation in the l ight of the principle

of peaceful coexistence between nations.

The maintenance of this unique coexisting is the principle of the settlement by

peaceful means of disputes-international fundamental - principle of international law and

international relations-whence the obligation of all subjects of international l aw to settle all

conflicts arising between them only by peaceful means, regardless of the nature and reasons,

we are referring here, including the obligation to refrain from the application and the threat of

force.

The establishment of a competence as a conflict situation issue belongs, practically, to

the UN Security Council not developing general criteria of qualifications, the Council

appreciatingthe circumstances of each case in particular.

A particular importance has the differentiation of divisions, which are not yet qualified

as conflict situations – which, as a result of unilateral actions of States, aimed at changing the

existing position in his favour – and turns in international conflicts, acquiring the qualification

of threatening situations of peace or act of aggression.

The experience of history, the current evolution of the internationa l situation, yet again

demonstrates that recourse to peaceful means is the only possible and logical way of solving