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Введение
Currently, in the modern world, when the interdependence of States has become a truly universal character as in a circle of people and their relationships, do not cause doubts legitimacy and the vital necessity of the application of international law.
The construction of a legal state in Russia is impossible without the modern international law, its actions on the territory of the state as part of national law, while ensuring, in the case of discrepancies, the priority of international law, especially in the implementation of the international treaties and agreements in the state.
The principles of international law, which occupy a special place in the system of norms of international law, are the most important, General and fundamental among them. They are generally recognized, have the highest legal force (they are mandatory norms of jus cogens, that is, they cannot be changed by agreement of subjects of international law), and therefore have a universal scope. The basic principles of international law should not be considered separately, but should take into account their interdependence and complex nature.
Система и принципы международного права.
International law is a system of international Treaty and customary norms created by States and other subjects of international law aimed at maintaining peace and strengthening international security; establishing and developing comprehensive international cooperation, which are ensured by the conscientious implementation by subjects of international law of their international obligations, and, if necessary, by coercion carried out by States individually or collectively in accordance with existing norms of international law.
In a narrow (formal) sense, the sources of international law are usually divided into main and auxiliary. Among the main ones, all authors unanimously refer to international treaties and international legal customs. Auxiliary sources of international law usually refer to documents (resolutions, declarations, etc.) adopted by bodies of international organizations, judicial (arbitration) decisions, and opinions of the most important international organizations.
gent coercive measures.
The principles of international law are formed in the usual and contractual way. They perform two functions simultaneously: they help to stabilize international relations by limiting them to certain normative frameworks, and they consolidate everything new that appears in the practice of international relations, and thus contribute to their development. The basic principles of international law are set out in the UN Charter. The most authoritative documents that reveal the content of the principles of modern international law are the Declaration on principles of international law concerning friendly relations and cooperation between States. The principles reflect and consolidate the characteristics of subjects of international law and the system of their interaction. This effect is achieved mainly by consolidating the legal status of subjects. Taken together, the principles constitute a Charter of fundamental rights and obligations of States. Having proved their vital force and significance, they form the basis of General international law and serve as the main criterion for the legitimacy of the behavior of subjects.
In diplomatic practice, the principles under consideration are usually referred to as generally recognized principles of international relations, since they have not only legal, but also political and moral authority. They are universal, i.e. generally binding, i.e. compliance with the principles of international law is strictly mandatory, and are accepted by the international community as a whole. The highest legal authority of the principles is expressed in the fact that they are classified as peremptory norms.
Основные черты современного международного права.
Having emerged simultaneously with the formation of States, international law in its formation and development has passed a difficult path in accordance with the very history of the existence and development of human society, the entire earth's civilization in its complex totality. At the same time, at various stages of the development of international relations, certain progressive norms and institutions were preserved, outdated ones were rejected and disappeared, and new ones appeared, which, in turn, contributed to the further development and strengthening of various international relations and the progressive development of international law itself.
The classical system of international law developed as a special sphere associated with the regulation of foreign relations of States. In the strict sense, international law is a set of legal norms created jointly by States in order to regulate their mutual relations. But modern international law is, in fact, claimed to determine the General and universal principles is not.
The introduction of moral norms into international law is a very ambiguous process. The correlation of certain interpretations of universal values with the interests of specific States, the values of a particular culture or ethnic group is an open question. There is a high probability that peremptory international law contradicts national interests and even justice in relations between peoples.
Заключение
The interaction of States within the international community has never been and is not chaotic, spontaneous and unsystematic. It has always been determined by both objective and subjective factors. Since the emergence of States and their first entry into communication with each other, there has been a need to define their mutual rights and obligations, which has given rise to the system of international law. Over the long years of its existence, mankind has not invented a common basis other than international law, which is necessary for regulating communication, regulating their relationships, and resolving controversial issues.
International law today expresses universal values that are close to all and unite all peoples. It is a General democratic framework for joint efforts by States, peoples and individuals to ensure the security and development of each not at the expense of the other, but in the interests of all, which requires recognition, first of all, of the principles of freedom of choice and balance of interests.
Список литературы
- Бекяшев К.А., Волосов М.Е. Международное публичное право. Практикум. М., 2005.
- Капустин А.Я. Европейский Союз: интеграция и право. М., 2006.
- Лукашук И.И. Международное право. Общая часть. - М., 2004.
- Шумилов М.В. Категория «государственный интерес» в политике и праве (системно-теоретические и международно-правовые аспекты).// Право и политика. 2002-№3.
