Роль принципов международного права в обеспечении эффективности его нормативной системы

Abstract

The paper is devoted to finding of the meaning of the principles of international law in the system of international law standards. It is true that the principles of international law give a certain direction both to the systems of international law standards and international law relations as well as to the formation of the law practice. They are justifiably considered as the unique law standards. By applying socio-axiological approach, that complies social and axiological methodology (with the dominance of the former) to international law, the author consider principles of international law as standards that channel the activity of the subjects of international law relations towards the major law values that lay the ground for the international law order. The paper carries out the analysis of the principles of international law. The author come to the conclusion that the principles of international law, on one hand, make the international law system more flexible and, on the other hand, let it operate effectively enough even under conditions of law vacuum. It is ironic, that, from one hand, the principles, that constitute general and rather abstract requirements stipulating the behavior of the subjects of international law relations, are considered as rather flexible standards that require additional interpretation according to each individual case, and, from the other hand, these principles tightly link the behavior with the system of core values, with “the axis” of values of international law, with international law as the system of values. The authors consider these standards or principles as the most “organic” for international law as a unique system of law, ensuring its effectiveness, which is guaranteed by a certain level of flexibility, under the condition that it depends on basic law values