Structure of international law
International law as a normative system, of course, is structured in relation to matters governed by the blocks or groups of rules that in a particular case can only be used in conjunction with another account or other groups of rules that must also apply, again taking into account the specific circumstances.
For example, as part of general international law distinguished maritime law, diplomatic law, contracts, etc., which are subject to regulation by the use and study of marine spaces, representation of States in their relations, the order of imprisonment and execution of international treaties, etc. In turn, where necessary, take action rules on State responsibility, the succession of international treaties, the relevant authority of the United Nations, etc. In other words, all the building blocks of international law one way or another are connected in a coherent international legal system. In some cases, the presence of bilateral or multilateral international treaties that make the allowable changes in the permissive rules of general international law for the parties to such agreements come into effect the relevant local regulations.
But international law over national structured quite weak in the sense that its systematic exposition in some single act of writing (as a national body of law) or in a number of related but separate acts (like criminal law and criminal procedure codes) is not.
For such an exposition of international law required its codification in written instruments, treaties, in other words, the codification of international custom. And such a codification work is done, but progress in this area is still very modest.
We emphasize that we are talking about the codification and progressive development of general international law. In this sense, is now fully codified only the international law of the sea.
Systematization and structuring of international law has long been held as an international legal doctrine. But such a systematic exposition of the inevitably subjective and multivariate.
Domestic international legal doctrine provides a systematic exposition of the scientific international law, dividing it into the industry, common institutions and institutions with the subject matter of regulation and the achieved level of codification. On the main institutions, industries and institutions of general international law will be discussed below.
International institutions – is a different association states, the establishment and activities are regulated by general international law and the rules of their constituent instruments, in particular, are international organizations and bodies, which are the subjects of international law.
The state in this sense as a special institution – the main subject of international law, international activities are governed by international law.
As for the terms “industry” and “total institution” of international law, then it’s close enough concepts and strict distinction between them to be, because the sole criterion for this difference is the subject of legal regulation, ie then, on which there are international relations, is the object of international legal regulation (ie, their gender, appearance or character). Norms of international law develop in a certain range – common institutions and industry – on the basis of unity for their regulation.
When it comes together and the system (subsystem, subsystems) of the norms governing relations in all spheres of international communication, in other words, when the basis of their unity is the unity of nature as governed by social relations, one should speak of the presence of a common institution of international law (eg, regulation of settling international disputes).
When it comes to the set of rules governing a particular genus or species of international relations, there is a branch of international law (for example, the regulation regarding the use and exploration of marine spaces.)
However, the name of the specified departments of international law is not so important because the method of international legal regulation of uniqueness – an agreement between legally mutually independent subjects of international communication.