The concept of international law

International law (MP) is a system that exists simultaneously with the systems of law of different states.

The emergence of a modern MP is the responsibility of the United Nations, which was established in 1945 and under whose influence it develops. The concept of international law of our time can be compared with the classical one in a number of ways. First of all, the differences concern subjects. The classical MP recognized as a subject exclusively civilized states, while modern recognizes all states and interstate organizations. Secondly, modern law prohibits states from waging war. They can use exclusively peaceful means to resolve conflict situations. Thirdly, the change of sources, which in classical international law were customs, and in modern - international treaties.

Concept and types of subjects of international law

Defining the subjects of the MP, it is worth noting that these are participants in international relations, endowed with a set of rights and duties that are formed as a result of the international legal order.

Subjects of the MP are divided into primary and secondary. The first group includes states and state-like entities. These are independent formations, for which self-government is characteristic. They already, by virtue of their existence, have a set of certain rights and duties. Thanks to the relationships that arise between the primary actors, the possibility of the existence of international law and its law and order is created.

The second category of entities includes international organizations and nations fighting for self-determination.

The concept of international law varies in different ways with the national legislation of states. There are three theories of the relationship between MP norms and national legislation. The first of them is monistic about the primacy of the MP over national law. The second is monistic about the primacy of national legislation over the international. The latter is dualistic, recognizes the existence of independent systems that develop in parallel.

The concept of international law as a science can be divided into two branches: WFP (public law) and IPP (private law).

The concept of private international law is a branch of law that is formed by norms regulating a certain type of relations that stem from trade, economic, scientific, technical and cultural ties between one state and another, implemented on the basis of interaction between states, conscientious fulfillment of duties arising from recognized public Principles and norms of the MP, which are contained in international treaties concluded between states.

The concept of WFP (public law) means a system of legal norms that control the international relations of power between its subjects.

To this day, there is no consensus on the relationship and the existence of these two industries. In the opinion of some, WFP and IPP are two independently existing legal systems. In the opinion of others, they constitute the branches of a single MP system. And still others assert that the MP is the WFP (public law), and the private one is part of the national legislation.

The concept of international law, which includes WFP and the IPP, determines their difference according to the following criteria: subject, object, sources, and also the method of legal regulation.

The list of subjects of WFP has already been given above, so we will consider them in private law. These include: the state, international organizations, legal entities and individuals.

Common sources of WFP and IPP are international customs, international treaties and acts of international organizations, conferences, meetings. And the following sources are typical only for IPP: the law of trade, the domestic legislation of states, judicial practice.