Legal implementation is the path to globalization

On the road to globalization, humanity must overcome many more problems. One thing can be stated with certainty: sooner or later, but the event connected with the unification of the world must occur. Of course, given different worldviews, creed, views, political pluralism, it is difficult to draw any substantive conclusions. However, there are parties that are most easily amenable to globalization and change.

Right

For example, many states have succeeded in implementing the norms of international law. This is quite a serious step for all mankind, a way to establish a single order, blurring the boundaries between peoples, nations, states and individuals. Let's begin with the very concept: implementation is the realization of our obligations, acquired at the international level, with their application at the state level. Simply speaking, if one state under an international agreement (and international acts have a priority legal force) has committed to perform a number of actions related to the modification and modernization of the system of law, or for other actions such changes are necessary, it will be obliged to make such changes.

For example, in Russia, extradition of citizens is forbidden, that is, the transfer of citizens to another state for the purpose of criminal prosecution, but if tomorrow Russia enters into an international agreement with the US to transfer citizens for criminal prosecution, the extradition rule will have to be changed.

In the same way, new norms can arise. Meanwhile, there is also the second meaning of the term: implementation is a method, the result of which is the addition of international norms to the system of national law. That is, borrowing, replacing existing norms and so on.

Goals and objectives

First, as already noted, implementation is the basis for a method of legal globalization. Thanks to this method, many problems related to the difference of state institutions of law are solved at the international level.

Secondly, the state is not the final subject, it consists of citizens, legal persons, organizations. In order to facilitate the interaction of citizens of one state with any other persons of another, and even with the state itself, a significant similarity of legal systems is necessary. In order not to be so, that in Russia, let's say, this can be done, and somewhere in Korea for this death penalty.

The tasks pursued by the implementation of law are the creation of a single, homogeneous or similar legal institution (system) in the international community; Mutual assistance of states at different levels; Facilitating the immigration procedure for citizens; Facilitating the procedure for interaction between all levels and types of persons from different states.

Incorporation

Not to be confused with incorporation in the systematization of legislation! This is a form of implementation, thanks to which international legal norms, including those set forth in the treaty, are completely introduced into the system of law of another state. In this case, there are no "but" or reservations to the treaty or other international legal instrument.

As a rule, this is possible if the domestic, national legislation of the implementing country does not seriously interfere with such normative acts, with all its provisions. The simplest way through which the implementation of norms is implemented is one that does not have divergences in views between states on one type of relationship, one sphere or one event.

Transformation

However, most international acts are difficult to accept and incorporate in the system of law in the form in which they are created. Most likely, there will be a conflict with the national law, which should be solved in some way. Therefore, there is a more complex kind that uses the implementation of law, this is a transformation.

In this way, the norms of international law are included in the national law in an altered version. Due to the transformation, it is not necessary to seriously change the national legislation, on the contrary, the norms of international law are adjusted to the system of state law.

In some cases, transformation is impossible, besides, it must have certain limits, so that the meaning of the legal norm is not lost when it changes.

Link

Referential norms are not only at the national level. Such a method, as reference implementation, is only an addition to the norm of national law or minor changes in the rule of law. The norm itself will only contain a reference to the provision of the international act, without disclosing it and using its text.

On the one hand, this considerably simplifies the procedure for including such norms in national law; on the other hand, the use of such a norm is hampered by the need to find and read the provisions of the international instrument. Meanwhile, reference norms are used quite often, especially if the international norm does not introduce serious changes, but acts as a supplement.