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SM ISO690:2012 МАКАРЧУК, Владимир, RUDÎI, Nazarii. Восточные границы междувоенной румынии (1918 – 1940 гг.): Аспекты международного права
. In: Revista Moldovenească de Drept Internaţional şi Relaţii Internaţionale, 2012, nr. 2, pp. 128-137. ISSN 1857-1999. |
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Revista Moldovenească de Drept Internaţional şi Relaţii Internaţionale | ||||||
Numărul 2 / 2012 / ISSN 1857-1999 /ISSNe 2345-1963 | ||||||
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Pag. 128-137 | ||||||
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The given article examines the historical background and facts of the territorial expansion of the Romanian Kingdom to the East that were realized by Bucharest at the end of World War I. Moreover the article analyzes a compliance of foreign policy activity of Romania of that time the existing norms of international law. Modern international law provides for the possibility of rejection of the territory of the aggressor as the sanction of the State of the winner (the most famous example of this kind is the Potsdam Agreement of 1945 across Eastern Prussia). The acquisition of the territory of the defeated enemy in the so-called old international law was a legitimate way to increase the national territory. By the way, irrespectively, it was dealt with the aggressor or with victim of aggression. But also in this case it was required a conclusion of the post-war peace treaty: an increment of the occupied territory by the one-sided legal act of a State winner (the occupier) wasn’t allowed. De lege lata, in terms of operating International Law in 1918-1940 a Romanian occupation of Bessarabia could not be legitimized neither by Sfatul Tarii initiative nor by the decisions of the Versailles conference on transfer of the region to Romania. Nemo ad alterum plus iuris transfere potest quam ipse habet (lat.) - No one can transfer to another any greater right than he himself has. Russia wasn't presented at Versailles and wasn't considered as a defeated state, whose territory the winner state would have the right to hack. And vice versa – the Romanian title to Bukovina, including its northern part, was quite legitimate, its acquisition answered norms of ius cogens of old international law of that time, though stayed in a contradiction with the right of the nations to self-determination (ius cogens norm of already so-called new international law). |
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Cuvinte-cheie восточные границы, право наций на самоопределение, государство-агрессор, государство-победитель. |
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