NATIONAL ACADEMY OF INTERNAL AFFAIRS EDUCATIONAL-SCIENTIFIC INSTITUTE OF LAW AND PSYCHOLOGY Summary on the theme: “ International law”

Fulfilled:

Stachurska O.V. Group:11

Checked: teacher Bratkova O.I.

Kyiv - 2014

PLAN

INTRODUCTION CHAPTER 1. HISTORIA DEVELOPMENT OF INTERNATIONAL LAW 1.1. Was origin of international law 1.2. Periodization of the development of international law 1.3. The development of international law in Russia CHAPTER 2. ACTUAL PROBLEMS OF THE INTERNATIONAL LEGAL SYSTEM 2.1. The essence of the modern doctrine of international law 2.2. The problem of determining the competence of subjects of international law 2.3. The problem of correlation of international and national law

CONCLUSION LIST OF LITERATURE

INTRODUCTION

Any sphere of international life has its own characteristics, what should be reflected in international legal standards regulating the complex international legal relations. Only as a result of all these features in the law it is possible to speak about effectiveness of international law, without which it is impossible to ensure the development of the international community, anticipating and resolving all the problems that may arise in the process of development of human civilization, in order to prevent those consequences which are full of the real threat to the well-established as the international community. To understand the trends and the role of international law in the life of the international community needed to provide the quality of the environment in which it operates and must operate, evaluating the static and dynamic aspects of this environment, which is a specific expression of human consciousness. This specificity is that humanity as its development has created the international community, different from a mechanical aggregate of countries and peoples. The community as they develop, overestimating and thinking of the main catalysts of its development, has improved, evolyutsioniruet their legal frameworks, the main purpose of which is security and peace, a degree of stability in international relations and predictability of behavior of the participants of these relations. These features distinguish the community from the simple sum. Obviously, the success of the further development of the international community is a balance between the common and national interests, regulated and controlled by the international community through international law. Life has shown that the limits of free of appreciation for States ' action should be put in a strict legal framework, is illegal and criminal. What becomes very much interconnected international community, the greater the need for mutually agreed, common regulatory processes occurring in the world. Thus, the interrelatedness of the international community is an objective prerequisite for the development of international law and all its institutions, progressive, and in turn, this similarity. Therefore, necessary for the development of stability in the international community depends on effective development of the institutions of international law, allowing to maintain a certain order in the community, due to the interconnectedness of the latter. However, it should be stated that there are not enough developed insufficiently effective institutions of international law designed to regulate the vital issues facing the international community in the last decade, in our days. And here is the science of international law must implement their calling, evaluating, rethinking and offering approaches to solving certain problems that should serve the creation of the international rule of law, aiming to ensure peace, security, stability, freedom and prosperity of individual Nations, peoples and humanity.

CHAPTER 1. HISTORIA DEVELOPMENT OF INTERNATIONAL LAW 1.1. Was origin of international law

In the national history of state and law of the traditionally big attention is paid to investigation of the origin of the law or its separate institutions and norms. Much less research on an integrated review of the history of its separate branches, and also special subsystems rights (the latter, as we know, applies international law). Meanwhile, cognitive importance of studying these issues for their respective legal Sciences, and law in General is quite high. Allows for better insight into the special conditions, the underlying causal connection with the necessity of leading to the emergence of special social relations and special methods of their legal regulation, which in fact is the specifics of the relevant sectors and sub-systems of law. The question of the origin of international law - a special subsystem rights (along with domestic law) as a holistic social phenomenon, was the subject of study is practically the only international lawyers. However, it is difficult not to agree with Aya, who noted that despite "all its significance, history of international law has not yet attracted sufficient attention science. In it many white spots. Not resolved and such a fundamental issue as the time of occurrence of international law"1. The question of the origin of international law is complex and multifaceted. In this paper can be considered only some of its aspects. Thus, talking about the origins of international law, we mean its so-called primary Vozniknovenie. In legal science there are various points of view about what era arose international law. Some scientists have linked the origin of international law with the emergence of States and formation of relations between them. This position is shared by most of the Soviet and post-Soviet lawyers-mejdunarodnikov. This position was also supported by many domestic lawyers pre period. In international law science in this plan also there is no unity. Some attributed the origin of the international law in the era Drevnosti. Others associate it with the late middle ages, when Europe has developed a system of sovereign gosudarstv. A similar, although somewhat different position is shared by famous domestic international lawyer III. Note that the question when there is international law, which is very difficult in our time is difficult because now in legal science is a serious review all categorical apparatus of domestic law. Key legal concepts, including such fundamental as "state", "right", their origin and the stages of formation, etc., undergo a very thorough rethinking. It would seem that the established tenets of type "state and law arise with the division of society into classes", etc. not only does not seem to be indisputable, but, moreover, seem to be deprived of convincing scientific legitimnosti. All this cannot but influence of scientific understanding of the problems of origin and such special social and legal phenomenon of international law. We believe that the study of law as a social phenomenon allows to conclude the following General nature. Law as an independent holistic legal system in the form as we see it now is not that other, as the result of a long historical development. Its various subsystems, industry, institutions appear not at the same time. Their occurrence depends on the formation of objective necessity (as well as the realization of the relevant social actors) it is the legal regulation of emerging special public relations. Therefore, if on the early stage of formation of the right was not as comprehensive as at present, there is hardly any reason to believe that it as a special social phenomenon did not exist. Because the most important thing, from which time a phenomenon referred to as the law, was to possess those traits that are an essential and obligatory for him. In relation to the right, first of all: normativity, commitment, formal certainty. Among the important signs are also systemic nature of law and its provision of appropriate implementation mechanism.

When considering the question of the time of origin of international law should take into account the above provision, which, in our opinion, methodological significance. With this in mind, talking about the origins of international law is possible only from the time when it is a social phenomenon that represents a special subsystem of law, began to have some fundamental to his features. Speech first of all goes about the following features: dogovorennosty, normativity, formal certainty. An important, though less significant, such characteristics as consistency of international law and the provision of appropriate implementation mechanism. The emergence of the first rules of international law, which is nothing other than created as a result of the agreement States formally certain rules of conduct that sets them rights and obligations and secured by a specific mechanism realizatsii, connected with the period of initial formation of interstate relations. However, in the early period of the history of international legal relations not all was as it happens in the modern relations of States in the process of establishing norms of international law. However, we believe that the agreement of wills States regarding the content of any rule of their behavior, and recognition of it as necessarily legal norms is not a peculiarity of the formation of only the current international law. Anisoin, describing the international legal representation in one of the regions, namely in ancient Greek historical area, said: "Despite the limited impact of emerging ideas of international law in relations between peoples, the very fact of their appearance, a reflection of their contracts shows that forward movement is left behind remnants of primitive"10. In this case, as it is known in the ancient times the international sphere is not occupied a significant place in the life of Nations and States. This is understandable, for the intensity, diversity, global reach of international communication was small. During this period, the emergence and development of "fragmented, mostly (though and had a private and passing the relationship), separate, in modern terms, the regional system of international, including interstate relations"11. Interstate agreements, reached our days, contain known formally certain rules of international behavior. It is very well shown Washbasin and Diegelmann, by analyzing the well-known agreement of the Egyptian Pharaoh Ramses II and the king of the Hittites Hattusili III concluded 1273 up to ne Analysis of this Treaty shows that hand, it concluded, recognize him bound. Thus, the agreement of Ramses II and Hattusili III contains the most important features of international law: dogovorennosty, formal certainty, responsibility. The intensity of the fundamental characteristics of the international law of acts, which have reached us from various regions his initial appearance and the containing norms varies. This is largely due to the character, intensity and diversity of interstate relations taking shape in the relevant period. More developed nature of the international legal regulation is observed in the region of Ancient Greece. Here it was expressed in the following: the establishment of the institutes of mutual recognition of insurance policies (city-States), the regulation of the issues of war and peace. Over time, the legal regulation are subjected relations connected with the rights of foreigners. In this region the legal regulation of contracts to some extent suffered issues associated with the regime of the territories, including its transition from one policy to another, the regime of the Maritime area and Dr The above shows that actually formed several thousand years ago the legal regulation of interstate relations in General were typical of those signs which indicate that it had an international legal nature. For even then he was inherent and dogovorennosty, and formal certainty, and commitment, as well as in the well-known (though much smaller) extent and systematic, and security in implementation. Regarding the latter, in reality the most important means of ensuring the implementation of the Treaty of international legal norms were oath, the magic ceremonies, the issuance of hostages, often children monarchs and, of course, military coercion. The original point, line, from which it is possible to talk about international law as a special legal and social phenomenon, should include, as a maximum, to the period of the IV-V millenniums, and at least to the period of the second Millennium, when in the primary centres of civilization, statehood and interstate relations were shaped formally defined, binding Treaty norms regulating the relations of the corresponding subjects. However, it appears that Dublinin and Diguelman, analyzing the emergence of international law in these regions of the planet, correctly pointed out: "each of them developed their own specific international legal institutions. But they were typical and common features. This fact is very important: it proves that the occurrence of: international law was not some exceptions, should expressed social processes"14. The above allows to disagree with the scholars, both domestic and foreign, which connect the emergence of international law only to the era of a new or recent history.

1.2. Periodization of the development of international law

The periodization of the development of international law can be represented as four periods, which are inextricably linked with socio-economic formations and transition phases from one formation to another. The analysis of the literature enables us to offer the following periodization of the history of international law: 1) International law in the Ancient world. This period corresponds to the slave-holding socio-economic formation, the period of disintegration of tribal relations and education early slaveholding States, where period first and norms of international law; 2) International law of the middle ages. This period corresponds to the feudal socio-economic structure, the fall of the Western Roman Empire, which marked the rapid development of feudal relations; 3) Classical international law. Since the end of the middle ages begin to develop the material and spiritual preconditions of international law. In new conditions of primitive feudal law did not. Instead used the Roman law, adapting it to these conditions. The idea of international law was formulated in the writings of jurists at the turn of the XVI-XVII centuries, among them the most prominent was the Dutch jurist, theologian, the diplomat Hugo Grotius (1583-1654 years.). In his work "On the law of war and peace" (1625), he first explained in detail the existence of "law, which defines relations between peoples and their rulers".15 By the end of the XIX century ended the division of the world between the colonial powers. In the design of colonial rule was used these or other international legal acts. The international Treaty gradually become the main along with custom, and then the main source of international law. 4)the Transition from classical to modern international law. Modern international law. The countdown of international law, this period should be from the Treaty of Versailles 1919 and the creation of the League of Nations in 1919 was an Important step in the direction to modern international law, was adopted in 1928 Paris Pact about the renunciation of war as a tool of national policy (draft Briand-Kellogg). War, according to this document, valid only as an instrument of international policy, i.e. in the common interest of States and the settlement of all disputes should be carried out only by peaceful sredstvami Nigerian Professor Tallies writes that contemporary international law "originates from the time of the end of world war II, especially with the advent of the United Nations".17 On the same writing, American Professor Glunz, the Indian Supreme judge R. and others. The Foundation of modern law was laid down by the Charter of the United Nations. In political terms, the provisions of the UN Charter reflected a new thinking. The basis of international law was based on the principle of cooperation. The whole mechanism of action of the international law be transferred to the rails cooperation. We can safely say that as the emergence of modern international law, and its development has been made possible by the multilateral sotrudnichestvu.