International law (MP) - a system which exists simultaneously with the systems of law of different countries.
His appearance is obliged to the current MP of the United Nations, which was established in 1945 and under whose influence it develops.The concept of modern international law, may be compared with the classic on several grounds.Primarily the differences relate to the subjects.Classic MP recognized as a subject only civilized nations, while modern recognizes all states and interstate organizations.Secondly, the current law prohibits states to wage war.They can use only peaceful means of conflict resolution.Third, changes in the sources, which in classical international law are custom and in modern - international treaties.
Concept and types of subjects of international law
In defining subjects of MT, it is worth noting that it is the participants of international relations, endowed with a complex of rights and obligations which result from the international legal order.
MP Subjects are divided into primary and secondary.The first group includes the state and gosudarstvopodobnye education.This self-forming, which is characterized by self-government.They have, by virtue of their existence, have a certain set of rights and obligations.Due to the relationship arising between the primary stakeholders, creates the possibility of the existence of international law and its enforcement.
The second category are the subjects of international organizations and nations struggling for self-determination.
concept of international law in many ways corresponds to the national legislation of States.There are three theories relations norms MP and national legislation.The first of them - monic of the primacy of the MP vnutrigosudartvennym law.Second - monic of the primacy of national law over international.Last - dualistic, acknowledges the existence of independent systems that evolve in parallel.
concept of international law as a science can be divided into two branches: WFP (public law) and MPP (private law).
concept of private international law - the branch of law which make up the rules governing a certain kind of relationship that arise from trade, economic, scientific, technical and cultural relations of one state to another, carried out on the basis of cooperation between States and the conscientious fulfillment of obligations emerging fromPublic recognized principles and norms of the MP, which are contained in the concluded between States international treaties.
concept MPP (public law) is a system of legal norms that control the international mezhvlastnye relationships of its subjects.
To this day, no consensus has developed against toiletries and existence of these two sectors.According to some, the MPP and MPP - two independently existing legal system.For others, they constitute a single branch of the MP.Still others claim that the MP - this is the MPP (public law) and private - is part of national law.
concept of international law, which includes WFP and MPP, defines the difference between them on the following criteria: subject, object, source and method of legal regulation.
list of subjects, WFP has already been given above, so consider them in private law.These include the following: the state, international organizations, legal entities and individuals.
Common sources of MPP and MPP are international customs, international treaties and acts of international organizations, conferences and meetings.And the following sources unique to IPL: trade law, domestic legislation of States, judicial practice.
