International law

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INTERNATIONAL LAW AS LAW

Transcript of International law

INTERNATIONALLAW

AS LAW

THE NOTION OF INTERNATIONAL LAW

International law is the set of rules generally regarded and accepted as binding in relations between states and between nations. International law is the law of the international community. International law means principles, rules, and standards that govern nations and other participants in international affairs in their relations with one another.

THE SUBJECT OF INTERNATIONAL LAW International law began as a system governing the relations among sovereign states, and states have always been the primary legal entities affected by international law . As the global system has become more complex, however, international law has come to recognize and regulate international organizations, businesses, nonprofit entities, and individuals.

GENERAL METHOD OF OPERATION COVERS FIVE SPECIFIC METHODS: 1) Political and legal method - the rules of international law subjects made by political means

2) Moral and legal method - the use of the mechanism of action for the implementation of moral norms of international law , the main thing here - in raising funds in the name of moral ensure faithful implementation of international law

3) The ideological and legal method - impact on international relations through ideology , strengthen the position of the international legal consciousness, explaining the purpose , principles and norms, creating belief in the need for their implementation

 4) The legal method - organizational measures for the implementation of international law in both the domestic and in international relations

 5) Special legal method - the use of specific legal remedies impact on international relations. This technique is the essence of international legal regulation .

THE BASIC PRINCIPLES OF INTERNATIONAL LAW ENSHRINED IN THE UN CHARTER. IT IS WIDELY RECOGNIZED THAT THE PRINCIPLES OF THE UN CHARTER CAN NOT BE CANCELED BY THE UNILATERALLY OR BY AGREEMENT.   The principle of sovereign equality of States. Every State has the duty to respect the sovereignty of other participants in the system, that is their right within their own territory to exercise legislative, executive, administrative and judicial authorities without any intervention from other states, as well as to conduct its foreign policy.

The principle of non-use of force and threat of force. Under the UN Charter, "all members of the UN refrain in their international relations from the threat or use of force against the territorial integrity and political independence of any State, or by any other imaginative incompatible with the UN Charter."

The principle of the inviolability of frontiers. Was adopted by the OSCE in 1975. "States - viewed as ironclad all borders to each other, as well as the borders of all States in Europe and therefore they will refrain from any attacks on these areas.“

The principle of territorial integrity of states. The UN Charter declares that the state "should refrain from any action aimed at the violation of the national unity and territorial integrity of any other State." "The territory of the State shall not be the object of acquisition by another State resulting from the threat or use of force." In this regard, it should be lawful to admit any territorial acquisition, which appeared to result threat or use of force. “

The principle of the peaceful solution of international disputes. Under the UN Charter, "all members of the UN Richa their international disputes by peaceful means in such a way as not to expose the threat to international peace, security and justice."

FUNCTIONS OF INTERNATIONAL LAW 1) Stabilizing function is that international legal norms designed to organize the international community , to establish some international rule of law, seek to strengthen it and make it more stable.

2) Regulatory function - establishing the international legal order and properly handling public relations, international law endow participants in international relations certain rights and responsibilities.

3) Protection function is to ensure adequate protection of international relations. When breaches of international obligations of international legal entities entitled to use sanctions and sanctions permitted under international law .