The object of international legal regulation

According to the proposed above definition of international law, subject to its regulation is an international public relations. Hence, the need to determine about what exactly is public relations in this case.

In this naturally first and foremost, the question arises, which leads to the right in general and international law in particular, what are the objective foundations of international law?

This is a complex philosophical question plan to investigate in depth, for example, VA Vasilenko, in his monograph, to which we refer the reader.

We give just one excerpt from this work: “In a broad sense part and at the same depth the objective basis of all social life, including such elements as the state and the law (national and international) is a system of social relations of production – demographic, economic, spiritual information – and the corresponding system of productive forces. In actual practice, between national and international law and its objective basis, there are very complex natural connections. ”

More specifically as international law regulates the social relations that are not regulated and can not be regulated by national law, as subjects of international public relations are beyond any state. Consequently, the object of international regulation are in a sense mezhduvlastnye relationship. And this is true, because first of all and mainly regulated by international law and continues to govern relations between states.

Furthermore, under modern conditions the subjects of international relations are the various associations of states: international organizations, international bodies and other international institutions, and not subordinate to the authorities of any State or any other public (social) power.

Thus, for subjects of international relations – the states and their various associations – is characterized by its co-ordinate external authority, ie known for their autonomy and independence, including the mutual independence. It is, of course, of legal disobedience (independence) of any foreign public authorities of subjects of international relations as it relates to international legal regulation of their relations.

This is the main specificity of international law and its essential difference from the national law. Indeed, the latter is the state represented by competent public authorities, expressing the will of the state.

Same method of international legal regulation of international public relations is the agreement between independent subjects of these relations on the establishment of rules for their mutual behavior and make such rules legally binding, ie, rules, expressing their mutually agreed and thus the general will. In formulating such agreements, the subjects of international relations guided, naturally, their own interests, goals and needs. As a result, the agreed common will expressed in the establishment of legally binding rules of conduct is the result of the compromise, and therefore do not always correspond to actual objective requirements of the relevant international legal regulation.

It is obvious that the object of the modern international legal regulation are not all the international relations of independent entities, but only that portion of such relationship, in the regulation of which has arisen and recognizes the urgent social need. Moreover, it can be argued that the real international legal regulation falls short of real social needs of a variety of reasons, particularly because of the complexity and duration of the process of international lawmaking.

Finally, international law as a set and a system of international legal requirements (norms) is unquestionably a key regulator of international public relations, but not the only one. The United Nations Charter, for example, states that the adjustment or settlement of international disputes or situations should be done by peaceful means in conformity with the principles of justice and international law, international obligations of subjects of international communication have them in good faith, etc. In short, in these and other cases we are talking about the categories of international morality, which plays an essential role in the regulation of international public relations. There are also rules of international comity and international ceremonies, the so-called diplomatic protocol, the international usages, etc. While not legally binding, such standards are not only strictly enforced, but also affect compliance with international legal requirements and to promote the progressive development of international law.

Such is briefly the situation with the object of international legal regulation.

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