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MAIN PAGE > Journal "International Law" > Rubric "Theory and philosophy of international law"
Theory and philosophy of international law
Babin B. - Programmatic Regulation in the Modern International Law pp. 1-35


Abstract: Article is devoted to the theoretical and practical problems of the phenomenon of the program regulation of the international relations. There proved that the application of the programmatic regulation of international legal relationships became one of the distinguishing features in formation of modern international law. The specialties of the phenomenology of the international legal programming in the historical, axiological and ontological aspects are analyzed. The international programs are looked in a context of the form of controlling norms, in particular, within the framework of bilateral intergovernmental legal relationships, external and internal organizational-legal activity of international organizations of the global and regional measuring; so with distinguishing the regalement acts in the field of the international legal programming. There are investigated the aspects of evolution of the use of programmatic acts, as regulators of international relations, general normative peculiarities of programmatic regulation, specific nature of such international regulation in the conditions of sustainable development and modernization. Also the question of preconditions of input of programmatic regulation in the international law, in the context of problem of sources and forms of international law and program character of international legal norms is looked at. The specifications of the program potential of the international legal relations in the frames of the current international legal doctrine are distinguished at. There is proved that the practice of the international programming can be recognized as supernational in fact it touches upon both aspects of intergovernmental collaboration and questions of actions of internal actors of the states within the framework of their national jurisdiction. A general conclusion is made that the programmatic regulation became important component part of the international legal regulation today. That’s why a thesis about the international programs, as the special source of international law, though requires an additional discussion, but is considered by the author productive enough and perspective.
Shugurov M.V. - International legal cooperation in the area of human rights and liberties: pluralism of doctrinal foundations pp. 1-90


Abstract: The subject of this research is the idealistic processes within the conceptual dimension of international legal cooperation in the area of human rights. The author explores the experience of doctrinal conventionalism in a bipolar world. A special attention is given to the analysis of discussions regarding the source of the human rights and liberties – human dignity – within international legal perspective. The author analyzes the institution of resolution of disputes on interpretation of the positions of international conventions on human rights as an instrument of introduction of definiteness into the international legal positions and optimization of international cooperation. Among the main conclusions is the position on the need to harmonize the diverse doctrinal positions as a necessary condition for improving the efficiency of international legal cooperation in the area of ensuring protection and respect of the internationally recognized human rights and liberties. The scientific novelty consists in the substantiation of the need for actors of international legal defense community to give more attention to the transition towards consensually agreed upon pluralism of different concepts of human rights, which is needed in order to strengthen the internationally recognized human rights as a foundation for sustainable development.
Ruvinskiy R. - Manifestation of the "Just War Doctrine" (bellum justum) and the "Unjust Enemy"Concept (hostis injustus) in the modern international law pp. 1-12


Abstract: This article examines the return of the “just war doctrine” (bellum justum) and the concept of “unjust enemy” hostis injustus) with regards to the contemporary international law. The research consists of two parts: in the first part the just war ideas’ history, theories of St. Agustine, Thomas Aquinas and Francisco de Vitoria are examined; the second part is devoted to the manifestation of the just war ideas in the contemporary international law and international relations. This work is based on the methods of analysis, synthesis, analogy, method of historical and political interpretation of law, as well as method of the formal interpretation of law. It develops the ideas of such scientists, as Carl Schmitt, Alain de Benoist and China Miéville. The author comes to a conclusion about the deep transformations and crisis of the current international legal order, outdating of the old restrictive rules and return of the forgotten political-legal concepts, as well as legal principles and norms.
Abashidze A.K. - Current problems and paradoxes in the interstate relations and role of international law in their solution pp. 1-16


Abstract: The characteristic feature of the current stage of development of humanity is globalization, which affects all spheres of human life. Scientists are talking about the impact of globalization upon the sovereignty of states and, therefore, the revision of such legal categories as lawfulness, legitimacy and constitutionalism. There is also noticed discrepancy in understanding of the essence of globalization and its consequences, both positive and negative, for international relations. The international community, represented by its global control organizations cannot find the ways and means for overcoming the issues of global nature. The article explores the scope of contemporary problems in interstate relations and the importance of international law in their solution. The United Nations proved its capability to be a center for agreeing the actions of sovereign states, as well as manifest as a universal instrument of collective security. It has no alternative under the circumstances when the key role in resolution of various issues of international relations is assigned to the sovereign states. Thus, there is drawn unambiguous conclusion: the UN member-states must demonstrate the political will in order to “transform” the United Nations into a more efficient organization that meets the demands of current development in the context of the increasingly intertwined world.
Sazonova K.L. - Pacifism and disarmament as the key paradigms of international law: unobtainable utopia or vital necessity? pp. 1-17


Abstract: The subject of this research is the pacifist doctrine, since its origination until the present day. Emphasis is made on the direct impact of pacifist views upon the establishment of the current public international law. The representatives of peacekeeping organizations of the XIX century assumed that warfare as a form of settling political contradictions will soon and inevitably become outdated. However, the end of the second decade of the XXI century is characterizes by not only multiple armed conflicts, but also occurrence of the new, much more refined forms of military confrontation. Examination of the aforementioned questions, as well as an attempt to discern global trends in the area of international security, which determine the future of international law, served as a leitmotif for this publication. The authors highlight the key stages in establishment of the pacifist doctrine, as well as consider the question of which institutions and branches of the current international law are affected the most by pacifism. The article also examines the fundamental issues of military sphere impeding the practical implementation of the ideals of pacifism within modern international relations. The most indicative manifestation of the pacifist doctrine in international law is the subject of disarmament; therefore, particular attention in the article is given namely to the key problems of its implementation.
Gorian E. - Islamic concept of human rights and progressive development of international law pp. 91-101


Abstract: The subject of this research is the fundamental ideas and principles of Islam, which form the theory of human rights contained in both, its sources (Quran, Sunnah, Ijtihad, etc.), as well as in international legal acts of regional nature. The purpose of this work is to assess the possibility of Islam’s effect upon the progressive development of international law, which depends first and foremost on the civilizational peculiarities of the subjects that influence the ability and nature of cooperation in resolution of global problems faced by humanity. The main conclusions of the conducted research confirm the need to use culturological specificity of the world’s legal systems, including Islamic, in the future progressive development of international law. The author substantiates this position by the growing role in supporting international legal order of nations representing cultures, which due to historical reasons could not impact the development of norms and institutions of international law at the beginning of its formation.
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