Showing posts with label The structure of international law. Show all posts
Showing posts with label The structure of international law. Show all posts

Sunday, January 22, 2017

The structure of international law


The structure of international law


International law as a normative system, of course, is structured in relation to matters governed by the block or group of norms that in a particular case can only be used in conjunction with light of another or other groups of standards that need to be applied, again taking into account the particular circumstances.

For example, as part of general international law distinguished maritime law, diplomatic law, the law of treaties, etc., which are subject to regulation by the use and study of marine spaces, representation of States in their relationship, the order of the conclusion and execution of international treaties, etc. In turn, where necessary, shall enter into force rules on State responsibility, on the succession of international agreements, the United Nations and so on the respective powers of the Organization In other words, all the building blocks of international law somehow linked in a coherent international legal system. In some cases, the presence of bilateral or multilateral international treaties, making possible changes in discretionary 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 his systematic exposition in any single writing instrument (on the national Code of Laws type) or a number of interrelated but independent acts (by type of criminal and criminal procedural codes) are not present.

For this presentation of international law requires its codification in the written agreements, acts, in other words, the codification of international customs. And this codification work is done, but progress in this area is very modest.

We emphasize that we are talking about the codification and progressive development of the rules of general international law. In this sense, the now fully codified only the international law of the sea.

Systematization and structuring of international law has long been held as the international legal doctrine. But a systematic presentation is inevitably subjective and multivariate.

Domestic international legal doctrine carries out systematic scientific exposition of international law, dividing it into sectors, common institutions and institutions with regard to the object of legal regulation and the achieved level of codification. On the main institutions, industries and institutions of general international law will be discussed below.

International institutions - these are different associations of states, and the establishment of which are regulated by general international law and the rules of their constituent instruments, in particular with 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 activity is regulated by international law.

As for the concepts of "industry" and "total institution" of international law, it is quite similar concepts and strict distinction between them could be carried out for the sole criterion for this difference is the subject of legal regulation, ie, something about which there are international relations that make up the international legal regulation of the object (ie, their gender, appearance or character). International law develop in certain complex - common institutions and industry - on the basis of the unity of the subject of regulation.

When it comes to the population and the system (subsystem, subsystem) norms regulating relations in all spheres of international relations, in other words, when the basis of their unity is like the unity of the nature of the regulated social relations, one should speak of a common institution of international law (eg, regulation of the settlement of 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 on the use and study of marine spaces).

However, the name of the structural units of international law is not so important as a method of international legal regulation is one - the agreement between mutually independent legal entities of the international community.