The concept of international law

Developing the concept of “international law”, ie of the essential content of this phenomenon – one of the tasks of science in general and the rights of its section, which is called the theory of law, in particular, and science (doctrine) of international law and its interface – the theory of international law.

Unfortunately, however, the domestic legal theory, usually based on the analysis of the phenomena that characterize domestic (national) law, and the theory of international law deals mainly with phenomena peculiar to interstate or, more broadly, international relations.

This occurs, in particular, because in reality there are two systems of law – the right to domestic (the totality of the national rights of individual states) and international law – with its specific objects and subjects of legal regulation. The object of domestic regulation are the social relations developing within the state, ie within organized in that state of society, and the object of international legal regulation – the social relations arising in the international community of states, ie primarily the relationship between states.

Dualistic understanding of law as formed by the two though interrelated, but separate legal systems (domestic and international law), it is accepted in doctrine, both national and international law. However, without going into details, we note that the doctrine of the right to raise scholastic monistic theory of law (the theory of common law). Some authors consider common rules of international law, which can supposedly handling and intrastate relations. At the same time they admit the existence and domestic regulation, which operates by virtue of insufficient development of international law, but disappear in the future as the development of international law. Other authors monistic concepts believe that international law is only permissible within the limits prescribed by national law of that State, ie that it is domestic law.

Meanwhile, the relationship of domestic and international law lies in the fact that international law has to take into account the socio-political structure of States, particularly with the presence of bodies of state authority competent to express the will of the State in its relations with other states and other actors in international relations, as well as with the presence of social relations within the domestic jurisdiction of any state, and usually not subject to international legal regulation. International law refers to such cases to the rules of national law.

In turn, the national law to reckon with the presence of international legal obligations of the State, to be implemented in domestic law and, where possible, be sent to such obligations or, more commonly, to transform them into rules of its national law.

The relationship between national and international law is due, therefore, the dominant role of the state in establishing both national and international law.

Based on the approach to the law according to which there are two separate but interrelated systems of law – the right of domestic and international law – in the domestic doctrine offered significantly different between a definition of international law. We present some of them.

Thus, in the six-volume “Course of International Law” states that international law can be characterized “as created and developed on the basis of concordance of the wills of the system of legal norms designed to regulate international relations in order to ensure peaceful coexistence, equality and self-determination of peoples.”

The disadvantage of these and many other definitions, in our opinion, the fact that they contain extra elements and does not clearly identify the core content of the term “international law”.

We can therefore offer a different definition, namely: international law – a collection system and the norms governing international relations.

Thus, the essence of international law is that it regulates the international (community) relations through international legal norms, which are inextricably linked as elements of a unified legal system.

Next, consider and determine exactly which international relations are governed by contemporary international law, as established by international law and what they are, how international legal norms are inextricably linked in a relatively autonomous legal system, which as a whole regulates certain international relations . This, in particular, and is dedicated to the subsequent presentation.

At the end of this section also should pay attention to what the term “concept” international law “refers to” public international law “as a regulator of certain public international relations developing within the international community of states.

At the same time, there are other legal norms, the totality of which forms part of domestic law of a State and the terminology is referred to as “private international law.”

Under the legal doctrine can be found a variety of views on the relationship between international public law and private international law.

The author takes the view that private international law is a special part of domestic law.

Private it is because the controls in private, or civil, against individuals and entities. And the word “international” in this case reflects that the parties to these relations have a different nationality or ethnicity. In other words, we are talking about civil relations with a foreign element. ” Rules of private international law, as part of domestic law of this State, establish what is the national law – in this or a foreign state, should apply in specific cases to regulate these relations. However, we should bear in mind that the concept of “international law” and “private international law” – it is quite diverse phenomena.

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