The proposal for the conclusion of the Agreement on Cooperation in the Field of Defense between the Government of the Slovak Republic and the Government of the United States of America is undoubtedly a document that is legitimately assessed across the entire society of the Slovak Republic. The draft Slovak Agreement was commented on by both the lay and professional public and state authorities. When evaluating the appropriateness and correctness of the wording of the draft Slovak Agreement, it was quite often argued that it contradicted the national legal order in several places. In our view, the assessment of international agreements only in terms of whether and to what extent the international agreement is contrary to the internal legal order is not entirely correct in law. From a political point of view, we do not judge the Slovak agreement.
The purpose of bilateral international agreements is to regulate the relations of two or more countries with more or less different national regulations. It is therefore natural and not uncommon for international agreements to regulate relations in such a way that they may differ from and conflict with the different legal orders of the parties to the agreement. Therefore, it cannot logically be expected that the conditions agreed by the parties to the international agreement will correspond to the national rules of the parties to the agreement.