BASIC CONCEPTS SYSTEMS INTERNATIONAL PUBLIC LAW

1. The concept, nature and function of international law.

2. Sources and process of international lawmaking.

3. The main international legal principles and other structural elements of the system of international law.

1. There are two legal systems – domestic and international  native. The term “international law” developed historically. In the Middle Ages, when the idea of a law regulating the relations between Member States , lawyers appealed to the authority of Roman law, which, however, was not aware of such concepts. It had the concept of “jus gentium” (the right of peoples  Dov), which include rules that had governed the relations of Roman citizens and foreigners, and the latter among themselves on the territory of Rome, as well as rules that are common to many countries. Later the name was modified – “jus inter gentes” (“right between nations” or “international law”).

International law – is a specific legal system governing inter ¬ tional relationships of its subjects through legal norms, the creationpasser by fixed (agreement) is expressly or tacitly (custom) agreements between them, and of coercion, forms, nature and limits of which are defined in international agreements .

The subject of international law – it is a separate entity, which  ROE due to their capabilities and legal properties can have rights and obligations under international law, to participate in the creation and implementation of its norms. To the subjects of public international law include the state, nation and peoples struggling for their liberation, the state-of are similar to those of education, international agencies.

The object of this branch of law is the regulation of relations between the  people who act as a combination of economic, forlytic, ideological, legal, diplomatic, military and other ties between states, the main social, economic and societal  governmental movements operating in the international arena, ie among nations in the broadest sense of the word.

Worth to vist:

The essence of international law is revealed in his comparison with domestic law. Both of these legal systems have a lot of similarities and differences. Similarities between the international and vnutrigosu  Donation of rules is that they:

* Represents a set of legal principles and norms – obyanecessarily for the subjects of the rules of conduct, implementation of which can be achieved by force;

* Have a similar structure (principles – industry – sub – instimulberry – norm);

* Use virtually the same legal structure and deterdivision, but because each legal system has its own characteristics, for ¬ nyatiya and categories of MPs are not always identical to the applicable national law.

At the same time, the peculiarity of international law is manifested in different age every aspect. First, the two legal systems differ in the object regulation, because international law covers the regulation of its public relations exclusively with public foreign element, while the domestic law regulates the relationship with the partiem international dimensions only “including” giving priority to intrarennim relations in the society.

Secondly, if the subjects of domestic law is fical and legal entities, state, internationalactorstion law – mainly education, with the public nature of the international arena (state, nation and people of gosudarstvopodobnye formation, etc. etc.).

Thirdly, intrastate and international legal systems differ in the dominant forms of sources. If the first dominates regulation in the form of law, the second preferred practices and contractthieves.

Fourth, the different mechanism of rulemaking in these two legal system. Because the interstate system has no legislative power Ghana, the international law are themselves the subjects of internation of law, first of all States, by agreement, the essence of which is a completelyaetsya concordance of the wills of States and other stakeholders WFP. In other words you if domestic standards are “top down”, the inter  Rodney legal norms – “horizontally”.

Fifth, unlike the local rules of national law, characterter to toryh is dependent on the social nature of the Member States , norms of international law are mainly general democratic characterter.

Sixthly, since the interstate system, there is no fate  GOVERNMENTAL and executive bodies, identical to those in the States, functionalning of international law and especially its application Existenttively different from operations and the use vnutrigosudarstvention of law.