Today, the concept 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 is those relations of the world community that cannot 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 is organizations, bodies and institutions uniting different states. General international law is necessary for them, since there is no power that would guide their activities. Moreover, 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 law.
Private international law
What is the concept and subject of private international law? The term first appeared in the 19th century. This is a set of rules necessary for the regulation of private law relations in the event that they arise in the international space. In short, this phenomenon is called MPP.
The concept and subject of private international law is reduced to an independent comprehensive legal system that combines the norms of different laws. Its subject can be a foreign individual or legal entity, an offshore company, a multinational corporation, etc. The object of such a legal relationship must necessarily be located abroad. In this case, the national legislation of one country cannot influence someone else’s jurisdiction. To resolve this contradiction, the concept, subject and system of private international law were agreed.
International law method
Regardless of what postulates such as the concept of international law, the subject of international law and its other features are, the method always remains important. How is a complex system of laws applied in various countries whose laws are sometimes diametrically opposed? To achieve such a balance so that all states are satisfied with the agreed legal norms is quite difficult. Therefore, the only method of legal regulation in the field of international relations is agreement.
It is between entities that are independent of each other. The agreement is necessary to agree on the rules of mutual conduct, which are given a binding legal character. Such norms ultimately express the common will of states that are 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 precisely the agreed common will that allows, quickly and understandably, to resolve legal difficulties associated with differences in laws.
Subject of regulation
International law has emerged as an instrument necessary for the regulation of various relations. They can be divided into two groups - interstate and non-interstate. The first category of relations refers to international agreements and dialogue between different countries.
The institution of this law itself appeared precisely to regulate relations between states. Until recently, it developed only in this direction. The subject can also be the people 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 XX century, the concept and subject of 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 appeared, relations with which can be regulated only with the help of general legislation. These are international organizations, as well as other individuals and legal entities.
Large corporations or movements have offices in various countries. In this case, they operate in several jurisdictions at once, which creates confusion and confusion. International law (a concept, an object, its principles are considered in our school) was created just for such controversial cases.
Functions
International law has three distinct legal functions - stabilizing, regulatory 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 to establish an international rule of law. Thanks to her, the situation in the world is becoming more stable. When another conflict arises in the world, two subjects of law need an arbitrator who could resolve the situation.
The regulatory function boils down to the fact that international law is necessary for endowing participants in international relations with various duties and rights. Simply put, the agreement determines what is possible and what is not.
The protective function is that international law protects the rule of law by imposing sanctions on a subject of the world community that has violated certain norms.
The formation of modern international law
International law in its current form appeared after the Second World War. The aggression of Nazi Germany made countries think about a new world order in which all states would receive guarantees of their own integrity. The United Nations was established for this purpose . The principles of international law were enshrined in its documents, which will be discussed below.
Over time, the Charter has been improved in accordance with the changing living conditions of the world community. The concept, subject, system of international law - all this has been revised anew. Standards have appeared in the UN Charter that have turned the lives of many millions of people. For example, it enshrined the nation’s right to self-determination. It was it that served as the basis for the struggle for independence from the European metropolises of many colonies (mainly in Africa). In addition, the UN has introduced an instrument of sanctions against states that violate peace and other international law.
The principle of state sovereignty
An important part of amicable agreements is not only the concept and subject of international law, but also the fundamental principles of this system. There are several of them. One of the most important is the principle of sovereign equality of states. It became the basis of the entire modern system of international law that appeared after the Second World War. The principle gives each state two signs - sovereignty and equality with other states.
What is the difference between the two? Sovereignty is the independence of the state in its external and internal affairs. More precisely, this is the supremacy of national power. That is, the government of each country has the right to carry out in its country the policy that it considers necessary. But at the same time, the government should not encroach on the same right of other states.
The concept of “sovereign equality” is revealed in several theses. Firstly, all states are legally the same - their political independence and territorial integrity must be respected by all members of the international community. Secondly, each government has its own obligations towards the rest of the world. She must abide by these arrangements.
Non-use of force
The UN Charter also states the principle of non-use of force. It was first formulated back in the days of the League of Nations, established after the victory over 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 must avoid violating the territorial integrity of their neighbors. The principle proclaims that the political independence of any country is superior to disputes between the authorities. If the state uses force, it unleashes an aggressive war. Such behavior falls within the definition of a crime against peace. Violators of these norms are awaiting the sanction of the world community. Any territorial acquisitions obtained by military means are recognized by the UN as illegal. In order to better regulate relations between states, the Organization formulated the concept and subject of international public law.
Principle of non-intervention
The UN Charter enshrines the norm according to which states should not interfere in the internal affairs of another state. No government has the right to apply 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-interference directly follows from the principle of sovereignty and non-use of force. The concept, subject and functions of international law have been formulated for many years, and only in 1970 all of the above norms were fixed in the UN Charter as binding on all members of the international 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 entity, which has the right to determine its own future. In this regard, the international community regards the foreign yoke, intervention and infringement of the rights of ethnic minorities as a crime against humanity.
The accession of new territories to the state, 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. There are special political tools for this - elections and referenda.
State cooperation
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 by the principle of state cooperation, which consists in the fact 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 work together to establish universal respect for human rights and fundamental freedoms. Associated with these concepts is the problem of building a civil society in many countries of the world that have an imperfect political system, authoritarian regimes, etc.
Today, the cooperation of states is also necessary in the field of culture, science and art. Strengthening relationships leads to universal progress and prosperity. Often for such cooperation use the UN platform. For example, the United Nations created the International Atomic Energy Agency.