70. The concept of international community of mass media includes broadcasting, television broadcasting, distribution of replicated printing, sound and visual products (books, newspapers, magazines, records, compact discs,

83. The concept and sources of international nuclear law. The emergence of a new source of energy - the energy of an atom - led to the creation of a new sphere of human activity, as well as the need to coordinate the efforts of states on the use of nuclear atomic energy.

1. The concept and subject of international private law. International private law (MCP) is a combination of material and collisional standards regulating civil-legal relations in the broad sense of the word with a foreign element, as well as the procedure for resolving disputes on

Chapter 5. The concept of law (essence; Features of both institutional regulator) 1. The term "right". Law in directly social and legal sense. Essence of right.3. Contribuability of the essence of law.4. Law - Institutional Education.5. Right -

1.1. Features of international transport obligations and their place in the system of international private law as aware of the theory of international private law, to the relations regulated by this branch of law include private or civil laws (in

§ 2. The concept and features of sources of investment law Analysis of the special legal literature testifies to significant differences in the views of scientists at the interpretation of the concept of "source". As a rule, the two components are distinguished.

The concept of real law. Ownership. Limited real rights And their features are real law - a variety of property rights, the object of which is a specific thing. Under the real law is meant the rights of owners, and the rights of persons, they are not

The concept, features and types of legal relations of the law of the European Union under legal relations understand public relations In that part of them, which is settled by the norms of law. In relation to the EU's right features arising on their basis and regulated by it

Since the most ancient times, peoples sought to find a language of mutual understanding - a language is not dictated, but peace and consent. Civilization breakdowns ultimately led to the emergence of a special language of international communication - international law. Evilized in legal norms, it became an integral part of universal culture. It tells the world community of nations. This language is becoming increasingly affordable for everyone, and not just for diplomats dedicated to him. The peculiarity of a modern understanding of international public law is that it is considered as an array of legal norms used, firstly, to relations between states, secondly, to relations between the state and man ( individual), thirdly, to the relations of people (physical and legal entities) between themselves.

International law - This is a system of legal principles and norms regulating relations between states and defining their mutual rights and duties over the limits of national legislation. Subject of our training course - international Public Law. It regulates the political, social and economic relations of states imprinted in international life principles, norms and customs, which arise as a result of coordination of state free, as the synthesis of general representations of humanity about the fair and peaceful coexistence of nations. Unlike the course of international private law, here we do not concern the details of the material (real) relations of individuals and legal entities in their international communication.

International law is a legal phenomenon that cannot be interpreted only in a traditional understanding. After all, there is no general law of international laws. There is no punitive apparatus, a forcing state to comply with these laws. And yet, international law is a special type of legal being of states, societies and people who regard it as an ultra-plane with special properties, for example, the property of the interphon (interspear) legality - the inverse force of legal norms. Being internationally legitimate in the past, they are subject to use in the future.

Unlike domestic law, always implying a kara for violation of laws or powerful coercion, international law has a different nature. In international law, there is no supreme power, which would be able to dictate their will. However, strong powers, sometimes not believable with international law, tend to apply such sanctions such as blockages, military actions. And it causes many reproaches in weakness and insignificance of international law. However, violation of the law does not deny its values \u200b\u200band only emphasizes one of its features - international law records the state of the geostrategic confrontation of public systems.

International law provides for the mechanisms of collective coercion. In the state of the world any sanction, the use of force, including the actions of the collective peacekeeping forces, any decision of the international court or arbitration is valid and legitimate in case of consent with this decision of the respondent state. The exception is only the state of war, the act of aggression, when retribution is achieved at the expense of military funds. International law holds at a conscientious execution by states received obligations. This is his main feature.

International law was formed regardless of the desire of a separate person or social group, due to objective social processes caused by the need to establish international communication. Even in the earliest stages of the development of humanity, the peoples were maintained among themselves relations, which were regulated by customs and traditions, which became a prototype of international law. The peculiarity of international law is that its norms are created as a result of an agreement between independent and equal entities of international law - sovereign states. The norms of international law are contained in bilateral and multilateral interstate treaties, as well as form in the form of international customs. An international treaty and international custom are the main sources of international law.

In international law, much keeps in good faith, honor and word, predetermined by the customs of international courtesy. Nowadays, the practice of the kind relationship between nations, providing each other privileges (for example, for diplomats) is considered not as a form of benevolence, but as an existing legal status.

Summarizing the above, highlight the main legal properties of international law:

| The subject of regulation is the international relations of sovereign and independent states in the field of conservation of peace and comprehensive cooperation;

| Subjects of international law - sovereign statesfighting for their independence of the nation, international organizations;

| International law objects - material and intangible benefits (interests), social, political, economic and other actions or abstainings from actions;

| Normation feature - the creation of rules by coordinating the will of the subjects of international law that voluntarily hosting international obligations;

| The peculiarity of the implementation of the norms is to fulfill them voluntarily and freely in unity with international responsibility, which includes the use of individual and collective compulsory measures to violators of international legality.

Essence of international lawit is that it reflects the nature of the geostrategic partnership in the international arena and legally records the level of development of cooperation in ensuring security, as well as in the economic, political, humanitarian, scientific and technical, cultural and other fields.

International law is a powerful tool for the impact on global processes in order to form a stable, fair and democratic world order under the context of the emergence of new and preservation of previous threats to the security of states and the entire world community. Therefore, the use of the arsenal of funds available at the disposal of international legal thought is extremely important to maintain international peace, legality and security.

Formation of good-neighborhood conditions, inviolability Russian borderPromoting the elimination of the existing and preventing potential foci of tensions and conflicts is unthinkable without international legal knowledge. Search for consent and coincident interests with foreign countries and interstate associations in the process of solving the tasks defined by the national priorities of Russia, construction on this basis of a system of partnership and allied relations that ensure the harmonious conjugation of national interests of states is achieved through the formation and development of international legal culture. Being the most fundamental and stable legal phenomenon than current legislation, this culture absorbs a huge historical experience, whose knowledge gives the key to understanding the essence of many norms, principles and institutions of modern international law.

Science of international lawit has rich historical traditions in Russia and develops in accordance with state conceptual documents on foreign policy issues adopted both at the national and in the interstate level. The scientific works of international lawyers are used in diplomatic practice, when developing projects of international legal acts and in the process of their interpretation and application.

In our country, fundamental international legal studies are conducted under the auspices of the Russian Academy of Sciences. Systematically published scientific work, textbooks and textbooks on international law. Significant coordination work scientific research Conduct Russian Association international law, which publishes the "Russian International Law Yearbook". An international legal articles are published in international life magazines, "State and Law", "Laws", "diplomat", "Bulletin MFA", in collections produced by research institutes and higher education institutions.

The main objectives of international legal education in Russia are:

| Satisfying the needs of the personality in intellectual, cultural and moral development by receiving international legal knowledge, skills and skills;

| Implementation of the needs of society and the state in qualified specialists with higher legal education and personnel of higher international legal qualifications;

| Organization and conduct of fundamental and applied scientific research on international law issues;

| Preparation and advanced training of specialists and managers for the purpose of their foreign policy activities;

| Accumulation, preservation and enhancement of international legal, cultural and scientific values russian society and states;

| Increasing the level of international legal knowledge of the multinational people of Russia.

The concept of international law and its features. Sources of international law. A special place in the system of legal norms is occupied by the norms of international law. It is the norms of international law that regulates the cooperation of states in a number of the most important areas of the life of human society.

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Introduction .................................................................................... ... 3

1. The concept of international law and its features ........................... .... 4

2. Sources of international law ................................................... 8

Conclusion ................................................................................................13

List of used literature .............................................................. ... 14

Introduction

The relevance of the topic of this paper is explained as follows. A special place in the system of legal norms is occupied by the norms of international law. It is the norms of international law that regulates the cooperation of the statew. dars in a number of critical areas of human society. This is due to the fact that only on the basis of the agreed efforts of various states inz. you can achieve such goals as providing peaceful coexistence of various states and peoples, the development of outer space and mand ocean, the fight against global problems of modernity, etc. Butr we are international law enshrining in the system of its sources. In this regard, the study of the concept of interface is particularly relevant.w. national law, its features and sources.

The subject of consideration in this work isthe concept of International native law, its features and sources.

The subject of consideration in this paper is the views of the edemae. scientists regardingthe concepts of international law and its person.

The purpose of this work is to studyconcepts of international pr.but va, its features and sources.

To achieve this goal, the following tasks are necessary: \u200b\u200b1) to considerthe concept of international law and its features; 2) characterize the sources of international law.

The methodology of this work is the methods such as commonc. dialectical method of knowledge, deduction, induction, description, synthesis, analysis, formal legal method, etc.

The theoretical database of this study includes the works of K.A. Becki sheva, R.M. Valeeva, G.I. Kurdyukov and other scientists.

The structure of this work is two paragraphs, as well as the introduction, conclusion and list of used literature.

1. The concept of international law and its features.

International law is understood as a system of compulsory standards, expressed in recognized by the subjects of this right of sources and who are a common criterion of legally permitted and legally disturbed, and through which international cooperation is managed in the relevant areas or coercion to comply with the norms of this right.1 .

The scientific literature fairly notes that the term "international law" is not entirely correct. The use of the term "Interstate Law" would be more correct, since its norms are not created by nations directly, but by states as sovereign political entities through mutually agreed solutions, are intended to regulate interstate relations, are implemented and ensured by the actions of the states and interstate mechanisms themselves2 . However, due to the fact that in the domestic legal science The term "international law" is primarily used, it will be used when writing this work.

Regarding the functions of international law in the scientific literature there is a discussion. According to one point of view, the main function of international law is to manage the activities of subjects in the respective areas of international relations. In other words, according to this point of view, international law should manage the international activities of states. According to another point of view, international law performs only a coordinating function, which consists in developing standards for the interaction of states in various fields. However, the most correct is the point of view, in accordance with which international law implements both indicated functions.3 .

In scientific literature, it is noted that with the end of the Second World War and adoption in 1945 the UN Charter has occurred a change in the essence of international law. If the so-called classical international law was the right of war and the world, then modern, or new, international law is called peace, security and cooperation4 .

International and internal law are inherent in some common signs (state-volitional nature, the use of legal norms in order to regulate public relations, the possibility of enforcing compliance with the rules of law, etc.). At the same time, differences are noted between these two systems: between their subjects, regulatory items, methods of education of norms and their implementation, including in the necessary cases in the use of state coercion to ensure compliance with these norms5 .

Currently, international law is characterized by the following features:

1) Prohibition of the rules of the right of war, the absence of the right of the winner, military contracting and military reprisals, military intervention and annexation, the right to conquer. Violation of these norms is recognized as aggression;

2) anti-colonial character. Modern international law is based on the principle of equality and self-determination of peoples6 ;

3) communion-grade. Modern international law regulates relations between all states, regardless of their political, economic, social, cultural building, on what region of the world they are, regardless of their territory, population, economic and military power. Thus, international law gradually overcomed the previously characteristic discriminatory nature, broke up with the concept of "international law of civilized peoples", excluded from equal communication so-called so-called countries.7 ;

4) the existence of universal norms of international law, i.e. generally accepted principles and norms that have binding power for all states (JUS COGENS - "undeniable law");

5) priority and supremacy of the norms of modern international law in the international community and in national legal systems of states. The Constitution of many states of the modern world proclaimed that generally accepted principles and norms of international law are an integral part of the legal system of these states. If the international treaty has established other rules than the rules of the International Treaty provided for by the National Law;

6) The focus on ensuring the safety and application of peaceful means in resolving international disputes. Modern international right contains norms on the non-use of force, disarming, prohibiting the tests of weapons of mass destruction, the norms establishing a nuclear-free and non-violent world;

7) consolidation in the international law of the "General Heritage and Mitigation" norm (for example, in international space and maritime law, in the law of environmental protection);

8) the priority orientation of the norms of international law to protect human rights and freedoms;

9) expansion of spheres of law-conducting and relatives. Over the past decades, new branches of international law have been coded: the right of international security, human rights, cosmic and environmental law, the right of scientific and technological progress, etc. In addition, in addition to the norms of material right, the norms of international procedural law, for example, rules governing the procedure for imprisonment of international treaties, peaceful resolution of international disputes, legal aid in civil, family and criminal cases, etc.;

10) the emergence of international standards legal responsibility states. If the norms of the international classical law of state did not carry a real responsibility, then the current international law provides for the possibility of applying forced measures to states who committed international crimes and other offenses;

11) Transboundary character: the evolution of the sovereignty of states, i.e. States self-limiting their rights in favor of international organizations and supranational (supranational) bodies8 .

Thus, modern international law on the one hand accumulates the achievements of the philosophical, legal and political thought of various peoples, and on the other hand contributes to their broadcast worldwide. The importance of international law in the modern world and in international relations is that it contributes to the provision of peace and security, recognition, implementation and protection of human rights and freedoms.

2. Sources of international law.

Under the sources of international public law are understood by the external forms in which their norms are expressed. Sources of international law - this is the final result (or method) of the process of normalization9 . This process includes coordination of free, positions, interests of states and other subjects of international law. Coordination means the interdependence of the will, i.e. The consent of the state is subject to the condition of similar consent of another state.The process of creating the norms of international law has two stages: coordination of state standards regarding the content of the rules of behavior and coordination of free to recognize them as legally binding. Sometimes these stages may not coincide. So, for example, in the process of developing the convention on the sea10 On the III conference on the marine law, many new rules agreed. In 1982, the UN Convention on the Law of the Sea was opened for signing and ratification. However, not all states immediately agreed to legal obligation to its norms. This convention entered into force on November 16, 1994, and the Russian Federation ratified it on February 26, 1997. Thus, it took 15 years before the giving consent to the obligation of the Convention. On international law, the result of which is the creation of sources of law, many factors affect: foreign policy and international legal position of states, their national interests and legislation;the ratio of forces between states and their actual, real impact on international lawcond.world Public Movement and Opinion11 .

When characterizing sources of international law, it is advisable to contact Art. 38 Statute of the UN International Court12 providing for the decision of the court transferred to him on the basis of international conventions, international customs, the general principles of law recognized by civilized nations, as well as court decisions and doctrines of the most qualified specialists in the public right of various nations as auxiliary means to identify legal norms. Consider the indicated sources of international law. Read more.

In the Vienna Convention on the Right of International Contracts13 1969 emphasized the increasing importance of contracts as a source of international law and as a means of developing peaceful cooperation between nations, regardless of differences in their state and public strict. This Convention defines an international treaty as an international agreement concluded between states in writing and regulated by international law, regardless of whether such an agreement contains in one document, in two or more related documents, as well as regardless of its specific name. The scientific literature notes that the contract is the main means of creating the norms of modern international law. At the same time, the source of international law is only the right treaties, i.e. Contracts providing for new general norms of future international behavior, or confirming, defining or abolishing existing regular or conventional norms of general14 .

International legal custom is understood as a silent or implied agreement. The most important thing is to understand the process of formation of international legal customs: the practice of states and recognition by them legal force Custom, or, otherwise, there must be a legal conviction, an understanding that the rule that has arisen is the norm of international law. Not by chance in paragraph "b" Art. The 38 Statute of the UN International Court of Justification is enshrined that the Court applies the "International Custom as proof of universal practice recognized as a legal norm." Practice must be defined, uniform, so that it can be derived from it general rule. And if other states are silent, do not protest, do not object, then this means that the rate recognized by states as a source of international law has been formed15 .

As mentioned, the Statute of the International Court of Justice refers to the number of sources of international law "General principles of law recognized by civilized nations". The science of international law takes place a discussion, which refers to the general principles of law. Supporters of one point of view noted that under the general principles of law, first of all the basic principles of international law should be understood. According to the second concept under the general principles of law, the principles of domestic law of various states are understood.16 . The first of the above points of view seems more correct. The scientific literature notes that the principles under consideration include, for example, legality, equality, justice, good faith. In addition, such general principles include legal postulates, rules of legal logic and legal equipment, including those who came from Roman classical law. You can call some of them: "Special law cancels the common"; "Subsequent law cancels the previous one"; "No one can convey to another more rights than he himself"; "The burden of evidence is imposed on the other side, presented by lawsuit", etc.17

Legal doctrine can be defined as a system of ideas on the right recognized as a binding official or legal practice due to their authority and generally acceptedness expressing certain social interests that determine the content and functioning of the legal system and directly affect the will and consciousness of the laws of law. The scientific literature notes that the legal doctrine is used in the opinions of judges and speeches of representatives of the parties, but not in court decisions. In this regard, the value of the doctrine is primarily in the fact that it may be the basis for creating subsequent norms of normal law and international treaty18 .

According to Art. 59 Statute of the UN International Court of Justice The court decision is necessarily only for parties participating in the case and only in this case. In this regard, in the scientific literature it is noted that court decisions Speakers only as an aid to identify legal norms, an indirect source of international law. The source of international law, in addition to decisions of the UN International Court of Justice, includes solutions of other courts, such as the UN International Criminal Court, European Court by human rights, etc.19

In scientific literature, the sources of international law also include:

1) Acts of international conferences. International conferences take acts as sources of law and as recommendations and political agreements. As an exampleacts of international conferences as the sources of law may be called the Vienna Conventions on Diplomatic Relationships20 and consular intercourse21 . International conferences also convene to discuss political, economic, security issues to solve certain global problems. As a rule, acts of recommendation, or the norms of political agreements are accepted at such conferences. For example, they include the rules of the Paris Charter for New Europe22 1990;

2) acts of international organizations. Such acts are called special, and the lawwood of international organizations is unconventional. Legal Nature Such acts are ambiguous. The issue of the role and meaning of resolutions, the Declarations of the UN General Assembly is particularly discussed. The resolution is a source of international law if it interprets and codifies the norms of the UN Charter (to them, for example, the Universal Declaration of Human Rights.23 1948). The remaining resolutions are recommendations, moral and political standards, and they influence the subsequent creation and implementation of the norms of international law.24 ;

3) one-sided acts of states. Not all one-sided acts of states contain rules of behavior. Sources of international law can be attributed, for example, statements, notes, recognition, protests, refusal of claims, promises, etc. According to these acts, the state takes certain obligations25 .

Conclusion.

According to the results of the study, the following conclusions can be formulated:

1) international law is understood as a system of compulsory standards expressed in recognized by the subjects of this right of sources and who are a generally obsessed criterion of the legally allowed and legally disturbed, and through which international cooperation is managed in the relevant areas or coercion to comply with the norms of this right;

2) international law implements the function of managing the activities of subjects of international relations and a coordinating function, which consists in developing standards for the interaction of states in various fields;

3) Modern international law is characterized by the following features: Prohibition of the rules of the right of war; anticolonial and communion-grade; safety focus; priority focus on the protection of human rights and freedoms; expansion of the spheres of law-conducting and relatives; The emergence of norms on the international legal liability of states, etc.;

4) Under the sources of international public law are understood by the external forms in which its norms are expressed. Sources of international law are the final result (or method) of the normation process;

5) The sources of international law include: International Conventions, International Custom, General Principles of Law recognized by civilized nations, as well as court decisions and doctrine. In addition, international conferences are acts of international conferences, acts of international organizations,one-sided acts of states.

List of used literature.

1) Statute of the International Court of Justice (adopted in San Francisco on June 26, 1945) // Collection of existing agreements, agreements and conventions concluded by the USSR with foreign states. Vol. XII. M., 1956. P. 47-63.

2) Universal Declaration of Human Rights (adopted by the UN General Assembly December 10, 1948) // Russian newspaper. № 67. 05.04.1995.

3) The Vienna Convention on Diplomatic Relationships (concluded in Vienna on April 18, 1961) // Vedomosti of the USSR Armed Forces. April 29, 1964 No. 18. Art. 221.

4) The Vienna Convention on Consular Relationships (concluded in Vienna on April 24, 1963) // Collection of international treaties of the USSR. Vol. XLV. M., 1991. P. 124-147.

5) The Vienna Convention on the Right of International Contracts (enclosed in Vienna on May 23, 1969) // Vedomosti SB USSR. 09/10/1986. № 37. Art. 772.

6) The United Nations Convention on the Maritime Right (concluded in the city of Montego-Bee on December 10, 1982) (with amendment of July 23, 1994) // Meeting of the Legislation of the Russian Federation. 12/01/1997. № 48. Art. 5493.

7) Paris Charter for New Europe (adopted in Paris on November 21, 1990) // Existing international law. T. 1. M., 1996. P. 42-54.

8) Beckyashev K.A. On the concept of international public law // LEX RUSSICA (MGU scientific works). 2004. No. 4. P. 987-1000.

9) Kapustin A.Ya. International law and challenges of the XXI century // Magazine russian law. 2014. No. 7. P. 5-19.

10) International Law. a common part: Tutorial / d. ed. R.M. Valeev, G.I. Kurdyukov. - M.: Statute, 2011. (ATP ConsultantPlus).

11) International Law: Tutorial / D. ed. IN AND. Kuznetsov, B.R. Tuzmuhamedov. - M.: Norm, 2007. - 944 p.

12) International Public Law: Tutorial / D. ed. K.A. Beckyashev. - M.: Prospekt, 2009. - 1008 p.

13) Samharadze D.G. Sources of modern international law // International Public and Private Law. 2006. No. 5. S.

14) Sivtsov A.S. The doctrine in the system of sources of public law (on the example of international law) // Public-legal research (e-magazine). 2012. № 4. P. 126-147.

1 Beckyashev K.A. On the concept of international public law // LEX RUSSICA (MGU scientific works). 2004. No. 4. P. 988, 996.

2 International Law: Tutorial / T. ed. IN AND. Kuznetsov, B.R. Tuzmuhamedov. M., 2007. P. 43.

3 International Public Law: Tutorial / D. ed. K.A. Beckyashev. M., 2009. P. 18.

5 Kapustin A.Ya. International law and challenges of the XXI century // Journal of Russian Law. 2014. No. 7. P. 6.

6 International law. General: textbook / d. ed. R.M. Valeev, G.I. Kurdyukov. M., 2011. (ATP ConsultantPlus).

7 International Law: Tutorial / T. ed. IN AND. Kuznetsov, B.R. Tuzmuhamedov. M., 2007. P. 47.

8 International law. General: textbook / d. ed. R.M. Valeev, G.I. Kurdyukov. M., 2011. (ATP ConsultantPlus).

9 Sivtsov A.S. The doctrine in the system of sources of public law (on the example of international law) // Public-legal research (e-magazine). 2012. № 4. P. 126.

10 The United Nations Convention on the Maritime Law (concluded in Montego-Bee on December 10, 1982) (with change of July 23, 1994) // Meeting of the Legislation of the Russian Federation. 12/01/1997. № 48. Art. 5493.

11 International law. General: textbook / d. ed. R.M. Valeev, G.I. Kurdyukov. M., 2011. (ATP ConsultantPlus).

12 Statute of the International Court of Justice (adopted in San Francisco on June 26, 1945) // Collection of existing agreements, agreements and conventions concluded by the USSR with foreign countries. Vol. XII. M., 1956. P. 47-63.

13 The Vienna Convention on the Law of International Treaties (concluded in Vienna on May 23, 1969) // Vedomosti of the USSR Armed Forces. 09/10/1986. № 37. Art. 772.

14 International Public Law: Tutorial / D. ed. K.A. Beckyashev. M., 2009. P. 26.

15 International law. General: textbook / d. ed. R.M. Valeev, G.I. Kurdyukov. M., 2011. (ATP ConsultantPlus).

16 Samcharadze D.G. Sources of modern international law // International Public and Private Law. 2006. No. 5. S. 12.

17 International law. General: textbook / d. ed. R.M. Valeev, G.I. Kurdyukov. M., 2011. (ATP ConsultantPlus).

18 Sivtsov A.S. Decree. op. P. 126.

19 International Public Law: Tutorial / D. ed. K.A. Beckyashev. M., 2009. P. 30-31.

20 The Vienna Convention on Diplomatic Relationships (enclosed in Vienna on April 18, 1961) // Vedomosti USSR SSR. April 29, 1964 No. 18. Art. 221.

21 The Vienna Convention on Consular Relations (enclosed in Vienna on April 24, 1963) // Collection of international treaties of the USSR. Vol. XLV. M., 1991. P. 124-147.

22 Paris Charter for New Europe (adopted in Paris on November 21, 1990) // Existing international law. T. 1. M., 1996. P. 42-54.

23 Universal Declaration of Human Rights (adopted by the UN General Assembly on December 10, 1948) // Russian newspaper. № 67. 05.04.1995.

24 International law. General: textbook / d. ed. R.M. Valeev, G.I. Kurdyukov. M., 2011. (ATP ConsultantPlus).

25 International Public Law: Tutorial / D. ed. K.A. Beckyashev. M., 2009. P. 32.

Functions of international law

The concept of international law and its features

International law- This is a system of legal norms regulating relations between states and other subjects of international law, which are created by coordinating the positions of participants in these relations and are provided if it is necessary to individual or collective coercion.

International law is a special system of law other than domestic.The specificity of the international law system is explained primarily by the characteristics of the object of regulation, its subjects, the procedure for creating and functioning norms.

The international law on its initial characteristics is a set of legal norms and a regulator of certain relations - akin to the right of state (domestic, national law), which is the traditional object of jurisprudence, starting with the theory of state and law.

International law as a terminological category inherent in a certain degree of conventionality. Historically, and adopted in state and interstate acts, other official documents, in scientific publications and training courses The term "international law" is not quite adequate to the true meaning of concept.

His prototype is the term "jusgentium" ("the right of peoples") in the Roman law).

Internally, there is interstate right, since it is not created by peoples directly, but mainly by states as sovereign political organizations, and is focused primarily on the regulation of interstate relationships, and is provided mainly by the efforts of the states themselves.

Feature the international system is also the fact that there are no judicial and executive bodies with functions identical to the fact that there is in any domestic system. And this means that the procedure for functioning and applying international law is different from a similar order of domestic law. In international law, the main principles of implementation of its norms are the conscientious fulfillment of obligations made and optional judicial jurisdiction.

Feature international law is that it is created primarily by states and regulates mainly interstate relations. The international legal appearance of other participants in international relations is also largely determined by states. As the creators of international rights and responsibilities, states act as the main subjects of international law. In this capacity, they have an exceptional and inalienable property based on the political organization of power - state sovereignty.The sovereignty of the state exercises within the framework of international law, taking into account respect for the sovereignty and interests of other states. It follows from this that the state as a subject of international law cannot exercise its power towards another state (ParinParemnonhabetimperium - equal has no power over equal). In particular, this is expressed in the irregularity of one state by the legislation of the other: the actions of the state are determined by their own laws and norms of international law. The immunity of the state also covers its unquestion judicial authorities another state: attracting him to the court of another state can be carried out only with its consent.

Legal obligatory force of international law

JUR. Mandatory force - the necessary quality of the integration of law, the cat regulates the integration of the relationship inherent in the right method. The agreement of the state gives the JUR binding on not only a separate agreement, a separate norm, but also internally right. This is an expression in the principle of conscientious fulfillment of obligations under interddes.

Problem mandatory power The integration of rights is among those related to the nature itself of this right. Therefore, the main concepts in this area coincide with the main schools in the doctrine interd-rights. Supporters of the School of Natural Law see the source of the mandatory force of the integration of the rights in the laws of nature, in the human mind, etc. Representatives of the positive school as such indicate consent, the Agreement of States. The third main direction in the doctrine relative to the obligatory force of the integration of rights can be called nihilistic, since the concept relating to it may otherwise deny the strength of the Intern of Law.

International Law Scope

Under the sphere of international law is understood as the scope of international legal means of impact on the regulatory object.

This sphere has three main aspects - subject, object and spatial. Accordingly, it is theoretically to highlight a subject, object and spatial sphere of international law.

Subjects and objects of international law

The subject of the integration of rights is an independent education, a cat, due to its capabilities and legal, the properties are able to have rights and obligations on interference law, to participate in the creation and implementation of these norms.

Generally accepted subjects today, the states of the state and the Intergos organization. Not so reliably recognized by the legal personality of peoples, nations fighting for the creation of an independent state. The main subject of the integration of the rights of the state state.

Under the object of law is meant what its action is to be directed, which is intended to regulate. Insisteration of the right to such an object of the Obvl, or rather an intergos relationship. From the object should be distinguished by the subject of interd-rights relationship, under which everything is understood, about which the parties come into legal relations. Such subject may be actions and abstinence from actions, territory, etc. The territory agreement does not have any action on it. He establishes the relations of states about this territory. Being a type of social management, interd-rights regulation is a public relations management, not things.

Spatial scope of international law

Spatial (or, less accurate, territorial), the scope of international law attracts the focus of practice, it is its decision by the decision on the sphere of their action. We are talking about those land, water, air, outer spaces, in which international law is valid. Since the main criterion for determining the scope of international law is its object, it can be safely argued that it acts throughout where there are interstate relations.

In contract practice, it is usually about the territorial sphere of action or application. Obviously, based on this, some lawyers identify the spatial and subject in the field. The coincidence of the two spheres takes place in cases where it comes to the norms obliging the state to their implementation within its territory. In other cases, they can differ significantly. Thus, the action of a universal norm, mandatory for all states, may be limited to the outer space or Antarctic and not have attitude to the territory of the participants. On the other hand, a bilateral contract may prohibit participants to test nuclear weapons not only on their territory, but anywhere else, i.e. May have a global scope. Finally, this subject, as an international organization, does not contain its territory.

This issue was not able to satisfactorily solve the Commission of International UN Right. In the draft articles submitted by it, the articles on the right of international treaties contained the article "Application of contracts for the territory", with the read of which the impression was created that national and international law act in the state territory on equal bases. Given this, the author on behalf of the Soviet delegation at the Vienna Conference on the right of international treaties proposed a new wording, which was adopted unchanged: "Article 89. Territorial scope of the contract. If other intention does not appear from the contract or not established in otherwise the contract Mandatory for each participant in relation to its entire territory. " Therefore, it was recognized as a proper wording, according to which the norms of international law oblige the state, and it already ensures the implementation of the rules on its territory.

The concept of "the entire territory of the participant" includes not only the state territory, but also beyond its limits of space, to which the state's jurisdiction is in accordance with international law.

Thus, there is an obvious tendency to expand the scope of international law to all new interstate relations. It is explained by this as the emergence of new types of interaction between states and the growing need for legal regulation.

The emergence of international law and periodization of its history

Periodization of the history of interddescent rights:

Prehistory of the integration of rights (from the ancient centuries to the end of the average);

Classical integration law (from the end of the Middle Ages to the Statute of the League of Nations);

Transition from classic to modern interface law (from the statute of the League of Nations to the UN Charter);

Modern international entity is the right of the UN Charter.

Ancient century. Subjects of the integration of relations were not state, but their rulers. Contracts received widespread. They served as not only external, but also internal functions.

The approval regarding the fact that the entity of the right existed in the ancient world, it is mainly the result of the transfer of modern ideas to completely different conditions. They judge in shape, ignoring the essence of the phenomenon. Despite the cruelty of the morals of intercourse, the accumulated experience was essential for the future of the international law. The opportunity has been proven regulatory regulation Intergos relationship. Forms of regulatory regulation - customs and contracts were developed. The latter in shape did not differ in the form of the current interddes of contracts.

Middle Ages (VI-XVI centuries).Despite some of the features, in all regions there were more or less identical ways and the level of regulation of integms of relations. All regions contributed to the formation of generally accepted practice. Nevertheless, by virtue of historical conditions, the main region, where the soil was prepared to create an integration of the right, was Europe.

In general, Middle Ages contributed to the preparation of the soil to create an integration of law. The main thing was that it convincingly demonstrated the density of lawlessness for both intragos and for the integration of relations. Something has been accumulated. The experience of non-law regulatory regulation of intergosity of relations has been accumulated, and the importance of the formation of the customs of maritime trade should be noted.

Classic integral law. Number.The idea of \u200b\u200binternational rights was formulated in the writings of lawyers at the turn of the XVI-XVII centuries. Among them, the most prominent was a Dutch lawyer, theologian, diplomat Hugo Grotia. In his work, "On the right of war and the world", he for the first time substantiated the existence "right, the cat determines the relationship between nations and rulers." In practice, he does not find evidence of the existence of such a right, so its sources is looking for in nature, God, morality. At the same time, he admits that "well-known rights could arise due to a mutual agreement both between all the state and between the majority of them."

The classical integration is the right to develop at this time. There was a doctrine of international law. Start being formed interd-right consciousness. A significant number of interddes of the norms began to be treated as legal. In total, JUR argument was used diplomacy.

Development (1789-1919). A big step forward in the development of the integration of the right was made by the Great French Revolution. The basics of France's foreign policy were proclaimed "Universal Peace and Principles of Justice", the refusal of any war with the purpose of conquest. Napoleon is not available on everything. But the progress could not be stopped. With the development of mail, telegraph, railway messages acutely - The right to regulate. In 1874, an act was signed on the establishment of the World Postal Union, the cat established the free transit of letters and parcels through the territory of the participants. In 1875, the Convention on the Telegraph Union was made. In 1890, the Multilateral railway Convention is concluded.

The entry right has become a necessary regulator of a significant amount of integration of relations. The material has been accumulated, the start of the interd-right of consciousness was laid. There were shifts and in national law, a cat, for example, fastened the privileges of foreign diplomats, established the rights of foreigners.

Transition from classic to modern interface law (1919-1946).In 1919, the winner's powers decided to create a league of nations and adopted its authorized document - the Statute. The first universal political organization was established, designed to provide peace and cooperation between the state. On the development of the transmission mechanism of the regulation of the statute of the Statute, attributed to the number of issues to be arbitral or judicial, all interd-rights disputes. In accordance with the Statute in 1922, the permanent chamber of the Mezhda Justice was established - the first permanent intercourse court.

An important step towards the modern interddes was the right to adopt in 1928 Pakzhsky Covenant on the refusal of the war as an instrument of National Policy.

In the English-Soviet-American conference of 1943 in Moscow, it was decided to establish a universal interface of the organization based on the principle of sovereign equality. In June 1945, the Conference of the United Nations in San Francisco adopted the UN Charter, which marked the beginning of the modern interface law.

Modern international law and its signs

Modern international entity.The foundation of the modern integration of the right was laid by the UN Charter. In political terms of the position of the charter reflected new thinking. The principle of cooperation was maintained the principle of cooperation. He prescribed a refusal to dominate the concept of domination of power and replacing it by the concept of rule of law. One of the most typical features of the SOCR integral the rights of the approval in it is human rights. The Charter defined the general goals and principles of the integration of law, the cat is the main system-forming factors. Of the aggregate of the rules, the right has become the system on the basis of uniform goals and principles. The mechanism of functioning of the entity has changed significantly. The creation of a developed system of international organizations led to the institutionalization of the process of law-conducting and the law.

Functions of international law

The functions of the rights are the main directions of its impact on the social environment defined by its public appointment.

The main social function of the integration of the right to strengthen the existing integration system of relations. The main JUR function consists in the legal regulation of intergosity of relations. Both functions are the nature of stabilizing, guardious, since they are aimed at maintaining a certain order in the system.

The entity is also a function of countering the existence and the emergence of new relations and institutions that contradict its goals and principles.

The internationalization function consisting in expanding and deepening the relationship between states is essential.

The information and educational function consists in the transfer of the accumulated experience of the rational behavior of states, in enlightenment on the possibilities of using the right, in education in the spirit of respect for the right and their protected interests and values.