The concept of international law. The subject of international law. Principles, methods and functions of international law

Today the notion of international law, the subject of international law and other aspects of this phenomenon are studied in detail by lawyers around the world. This legal set of norms and regulators has a great impact on the life and relationships of all modern countries.

Fundamentals of International Law

The main object of international law are those relations of the world community that can not be regulated by domestic law. Why did it appear? Because some objects of legislation are simply not subject to the authorities of one country. That is why the concept of international law, the subject of international law and its other features primarily affect international relations.

Its other object are organizations, bodies and institutions that unite different states. General international law is necessary to them, since there is no authority that would govern their activities. At the same time, the states themselves continue to be independent of each other. The concept of international law, the subject of international law does not affect their domestic legislation.

Private International Law

What is the concept and subject of private international law? The term first appeared in the XIX century. This is the set of norms necessary for the regulation of private-legal relations in the event that they arise in the international space. This phenomenon is abbreviated as IPP.

The concept and subject of private international law are reduced to an independent complex legal system that unites the norms of different legislations. Its subject may be a foreign natural or legal person, an offshore company, a transnational corporation, etc. The object of such legal relationship must necessarily be located abroad. In this case, the national legislation of one country can not influence someone else's jurisdiction. To resolve this contradiction, the concept, subject and system of private international law were agreed upon.

Method of international law

Regardless of what such postulates are, as the concept of international law, the subject of international law and other features of it, the method always remains important. How does a complex system of laws apply in a variety of countries, whose laws are sometimes diametrically opposed? To achieve such a balance that all states were satisfied with the agreed legal norms is rather difficult. Therefore, the only method of legal regulation in the sphere of international relations is an agreement.

It is between subjects that are independent of each other. The agreement is necessary to harmonize the rules of mutual behavior, which are given a binding legal character. Such norms ultimately express the common will of the states - subjects of international law. Of course, each country in the person of its leadership pursues its own goals, each of them has its own interests and needs. But it is the coordinated common will that allows you to quickly and understandably resolve legal difficulties related to differences in legislation.

Subject of regulation

International law emerged as an instrument necessary to regulate various relationships. They can be divided into two groups - interstate and non-governmental. The first category of relations refers to international agreements and dialogue between different countries.

The very institution of this law appeared precisely to regulate relations between states. Until recently, it developed only in this direction. As a subject, people can act in general. This is especially important in the case of nations that do not yet have states and their own legislation recognized by the international community. But this case is not the last.

States and international organizations

In the twentieth century, the notion and subject matter of the regulation of international law appeared at a time when society realized that new universally recognized norms of relations between countries were needed. However, in recent years, other entities have emerged, relations with which can be regulated only through general legislation. These are international organizations, as well as other individuals and legal entities.

Large corporations or movements have representations in the most different countries. In this case, they act immediately in several jurisdictions, which creates confusion and confusion. International law (the concept, the subject, its principles are considered in our article) was created just for such ambiguous cases.

Functions

International law has three distinct legal functions - stabilizing, regulative and protective. Together they give interstate norms a universal character, because of which they are so valuable and important in modern society.

The stabilizing function is that international legal agreements are necessary for the establishment of the international legal order. Thanks to it the situation in the world becomes more stable. When the next conflict arises in the world, two subjects of law need an arbitration judge who could resolve the current situation.

Regulatory function is reduced to the fact that international law is necessary to empower participants in international relations with various duties and rights. If to speak easier, the agreements define, that it is possible, and that is impossible.

The protective function is that international law protects the rule of law by imposing sanctions on the subject of the world community that violated certain norms.

Formation of modern international law

International law in its present form emerged after the Second World War. The aggression of Hitler's Germany compelled countries to think about a new world order in which all states would receive guarantees of their own immunity. For this purpose, the United Nations was established. Its documents have enshrined the principles of international law, discussed below.

Over time, the Charter has been improved in accordance with the changing conditions of the life of the world community. The concept, the subject, the system of international law - all this was revised anew. In the UN Charter, norms emerged that turned the lives of many millions of people. For example, it enshrined the right of the nation to self-determination. It served as the basis for the struggle for independence from the European metropolises of a number of colonies (mainly in Africa). In addition, the UN has an instrument of sanctions directed against states that violate the peace and other norms of international law.

The principle of state sovereignty

An important part of the peace agreements are not only the concept and subject of international law, but also the basic principles of this system. There are several of them. One of the most important is the principle of the sovereign equality of states. It became the basis of the entire modern system of international law that emerged after the Second World War. The principle gives each state two signs - sovereignty and equality with other states.

What is the difference between these two concepts? Sovereignty is the independence of the state in its external and internal affairs. More precisely, this is the supremacy of the national power. That is, each country's government has the right to pursue in its country the policy that it considers necessary. But at the same time, the authorities should not encroach on the same right of other states.

The concept of "sovereign equality" is revealed in several theses. First, all states are legally the same - their political independence and territorial integrity should be respected by all members of the international community. Secondly, each government has its obligations towards the rest of the world. It must comply with these arrangements.

Non-use of force

The UN Charter also provides for the principle of non-use of force. It was first formulated at the time of the League of Nations, established after the victory over the Kaiser Germany. Today, when the concept, subject and method of international law have changed, this principle has also acquired new features.

According to this rule, all states should avoid violating the territorial integrity of their neighbors. The principle proclaims that the political independence of any country stands above the disputes between the authorities. If the state uses force, it unleashes an aggressive war. This behavior falls under the definition of a crime against peace. Violators of these norms are expected to sanction the world community. Any territorial acquisition obtained by military means is illegal in the UN. In order to better regulate relations between states, the concept and subject of international public law were formulated in the Organization .

Principle of non-interference

The UN Charter establishes a norm that states should not interfere in the internal affairs of another state. No authority has the right to use or encourage the use of political and economic measures aimed at subjugating another country or gaining any advantages over the object of such a policy.

The principle of non-intervention directly follows from the principle of sovereignty and the non-use of force. The concept, subject and functions of international law were formulated for many years, and only in 1970 all the above mentioned norms were fixed in the UN Charter as mandatory for all members of the world community.

Self-determination of peoples

For diplomacy and the political map of the world, the principle of self-determination of peoples is significant. The UN recognizes each nation as a collective person, having the right to determine its own future. In this regard, the international community refers to foreign yoke, intervention and infringement of the rights of ethnic minorities as a crime against humanity.

The accession to the state of new territories, the division of the country, the transfer of territory from one state to another - all this can happen only in accordance with the freely expressed will of the population of these regions. For this, there are special political tools - elections and referendums.

Cooperation between States

The UN and the entire world legal system were created so that the authorities of all countries could find a common language. This is stated in the principle of state cooperation, which is that any state, regardless of their political, economic and social differences, must cooperate with each other to maintain security throughout the world.

There are other "nodes" in which international solidarity is needed. All states must cooperate to establish universal respect for human rights and fundamental freedoms. The problem of building a civil society in many countries of the world, with an imperfect political system, authoritarian regimes, etc., is connected with these concepts.

Today, cooperation between states is also necessary in the field of culture, science and art. Strengthening the links leads to general progress and prosperity. Often, the United Nations site is used for such cooperation. For example, the International Atomic Energy Agency was established in the United Nations.