The concept and main features of international law

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2018-04-02 04:29:14

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Let's Talk about what are the features of international law. Try to identify the main points associated with the question.

The Specifics of international law

What are the features of modern international law? Under it is commonly understood as a system of norms and principles that regulate the relationships of power between States and other subjects of international communication. Among its distinguishing characteristics we can mention the specifics of the relationship, regulated by special legal rules and principles.

Features of international law in the use of a special range of actors involved in international communication.

features of international law

Relationships

Such relations, which are connected with international law, include:

  • Interstate;
  • Intergovernmental;
  • Inter-relationships.

They represent the subject of this law.

Code collaboration

Features of international law in the implementation of mandatory rules of the activities and relations of subjects. They define rules of conduct all participants of relations.

the concept and features of international law

Classification

What is the essence and specific features of international law? Currently I use the following classification:

  • Types of secured and unsecured documents;
  • On territorial (local and universal);
  • Function;
  • On types of obligations and subjective rights (prohibiting, binding).

The system of subjects of international law is the state, peoples, Nations, and international organizations who are fighting for freedom and independence.

features of international law

Specific features of international law

Features of international law can be identified from their determination. It differs from the domestic version by the following characteristics:

  • On the subject of legal regulation (in powers of this type include the oversight of public policy);
  • The circle of subjects (especially international law with special entities);
  • Variant of norm-formation (here, allocated specific the conciliation procedure for the formation of norms);
  • By way of protection of the law (in this area does not suggest the existence of any special apparatus of coercion by the state and the entities performing international commitments on a voluntary basis).

International law

In order to identify the main features of international law, will give a General definition of the system. It understands the sum of interconnected rules and principles, which are governed by legal and international relations.

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What include in such a system? In addition to the General legal principles and legal rules is referred to it homogeneous complexes and intra-institutions.

features of modern international law

Categories

Analyzing the concept and characteristics of international law, highlight the division provided for the legal industry:

  • Core consisting of accepted principles, fundamental to the legal regulation of international relations;
  • Institutions of the international legal personality;
  • Organizational units that carry out extensive regulation of international relations.

In this region secrete the legal industry not only typical symptoms but also on the basis of the specificity of international law.

For example, it is generally accepted by the industries considered the right of external relations, international treaties, security, Maritime, space, humanitarian law, and law in the sphere of environmental protection.

The Concept and characteristics of private international law in the presence of several sub-sectors. They are small complexes that spetsializiruyutsya on solving some specific issues. Sub-sectors is referred to diplomatic and consular law. As institutions allocate a diplomatic mission, privileges and immunities. The system of international law is the sum of the interrelated elements of legal norms and institutions of law. Industries are formed by various combinations of such components.

the main features of modern international law

Relationship with private international law

Domestic and international law cannot exist in isolation from each other. Special influence on the normative work in this legal industry have a national system. In some European countries it is international law that is considered the main part of the national legislation.

For Example, in the Russian Constitution there is an article, according to which international treaties are considered an integral part of the entire legal system.

The legislative base in many countries stipulates that in case of divergence between international obligations and the provisions of the law of precedence is endowed with international obligations.

In a dualistic concept of private domestic and international law have both common and independent pointtouch.

The Monistic theory believes that the legal sector – it is an integral part of the overall legal order.

The private and public international law, despite the similarities, there are different objects of regulation. For private species secrete a clear relationship and rules of conduct that are obligatory for all participants of relations of private character.

These rules are not only in domestic law, which carries out the control over legal and physical entities, they relate to international customs and treaties.

Private international law as a set of legal norms by adjusting the relationship of the legal and civil nature. But in the process of adjustment of such relationships should not violate the basic norms of established international law.

Currently, the particular and the General international law is characterized by the interaction and convergence.

the essence of international law

Personality

A Subject of international law shall be a participant of the relations regulated by international legal norms, has defined responsibilities and standards. There are two categories of actors: primary and derivative.

To the first rank of the peoples, the Nations, the States that are active in the struggle for independence.

Second, the subjects formed a primary law based on the articles of incorporation.

Under the international legal personality understand the amount of the duties and rights of all subjects. One of them is the state, which is characterized by three attributes: sovereignty, population, territory.

Currently, there are domestic and international aspects of sovereignty. The second view suggests that all actions of officials and state authorities constitute a single whole.

Among the basic civil rights:

  • Self-determination
  • Sovereign equality;
  • Creation of standards of international law;
  • Participation in organizations.

The Primary obligation of any country is respect for the sovereignty of other States.

Peoples and Nations that are active in the struggle for independence, have the right to international protection.

As a founding document outlining the specific structure, acts Charter. In General, the legal Charter specified goals, objectives, activities, lists the basic rights of all members.

the concept and characteristics of private international law

Conclusion

The Recognition in international law is a legal unilateral act of the state or other subject of international law. With his help confirmed a certain legally relevant fact in the international society, its legality and validity.

The Protest called act, which is the opposite of recognition. It expresses the disagreement with certain state actions. Recognition occurs if a new independent state appeared as a result of war, revolution, division, Union of States.

There are certain criteria that are the recognition of independence. In theory, international law there are two concepts used for recognition of States: constitutive and declarative.

Forms of recognition of States can be:

  • De jure associated with the establishment of diplomatic relations;
  • De facto, consisting of partial recognition;
  • Specific option is ad hoc.

As the main criteria, which are necessary for international law, independence, observance of the rights and freedoms of the population, efficiency of public organizations.


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Alin Trodden - author of the article, editor
"Hi, I'm Alin Trodden. I write texts, read books, and look for impressions. And I'm not bad at telling you about it. I am always happy to participate in interesting projects."

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