Participation of the Nonclassical Subjects of International Law in Law-making and Law-enforcement
Keywords:law-making, law-enforcement, non-classical subjects of international law, living law, international law.
AbstractAccording to the current understanding of international law as a "living" law is analyzed inextricable link between the process of law-making and lawenforcement of modern international law. The problem of law-making and lawenforcement of international "living" law is closely linked to the actual problem of the subject’s composition of modern international relations. Today on the international scene more and more active participants become international organizations, transnational companies, international justice authorities and a number of other entities which are directly involved in law-making and law-enforcement during the implementation of their own international legal personality instead states as the primary subject of international law. Moving of the main function in law-making of the international law from the states to other entities is caused by the needs of the subjects in specific international relationships that require from modern international law rapid adoption of laws, quality of response on urgent needs and effectiveness of their enforcement. According to the changes in the subject’s composition of law-making, there are also changes in the enforcement process, which are characterized in a “living” international law by a higher percent of efficiency compared with the classic law-enforcement on the basis of positive law. Modern trends in law-making and law-enforcement are increasingly proving that international law of the global community is the “living” law and naturally-legal vision of international legal regulation, that is dominant in modern international law, should comply or at least not denied by the positive international law.
Charter of the United Nations. Available from: http://www.un.org/en/charter-united-nations/index.html.
Tunkyn HY. Teoryya mezhdunarodnoho prava. Moscow: Ozon.ru; 2000.
Lauterpacht H. The Development of International Law by the Permanent Court of International Justice. London: Longmans, Green & Co; 1934.
Lauterpacht H. The Development of International Law by the International Court. London: Stevens & Sons Ltd.; 1958.
Lauterpacht H. The Function of Law in the International Community. Oxford: Clarendon Press; 1933.
Shpakovych OM. Vplyv aktiv mizhnarodnykh orhanizatsiy na vnutrishni pravoporyadky derzhav-chleniv. Naukova dopovidʹ na zasidanni Vchenoyi Rady instytut mizhnarodnykh vidnosyn 2011 Feb 02 r. po doktorsʹkiy dysertatsiyi. In: Shpakovych OM. Aktualʹni problemy mizhnarodnykh vidnosyn. 2011; 101 (1): 106- 10.
Kyyivetsʹ OV. U poshukakh mizhnarodnoho prava: pereosmyslyuyuchy dzherela. Kyyivetsʹ: Kamʺyanetsʹ-Podilʹsʹkyy PP «Vydavnytstvo «Oiyum»; 2011.
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