Ivashhenko O. International law in the national legal order of European countries and the application of international law by national courts.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0414U000559

Applicant for

Specialization

  • 12.00.11 - Міжнародне право

17-02-2014

Specialized Academic Board

Д 26.001.10

Taras Shevchenko National University of Kyiv

Essay

The thesis is devoted to the analysis of a international law in the domestic legal order of European countries and the process of application of international law by national courts. In this paper special attention is paid to the role of the national court in the process of institutional support for the implementation of international law, the application features a variety of sources of international law in the jurisprudence of the European countries and rules of international law that authorized judges to use during the review and resolution of cases requiring the interpretation and application of the international law. The study carried out a comprehensive legal analysis of the legislation of Ukraine on international law, generalized jurisprudence of the Constitutional Court of Ukraine and courts of general jurisdiction, headed by the Supreme Court of Ukraine on the application of international law, which indicates the limited function of international law in the enforcement of our country and the urgent need conform existing and adoption of new legislation in order to create an effective internal mechanism for implementing the international legal obligations of our country.

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