Abstract
Following up the Discussion on the stricto sensu ‘Principles’ in Modern International Law, and Beyond the Same ….
Highlights
The situation in domestic legal science of Russia in the field of research of the subject of principles in international law may be ascertained in general terms as a fairly static picture that inspires a serene belief in the immutability of the existing position and further stable sustainability thereof
The purpose of this publication is to endeavor certain clarification of theoretical data related to such a fundamental category as “the principle of international law”, which is deemed to can be achieved through proper identification of various constructions that operate with the element “principles” or similar terms, by way of systematization and delineation thereof from other phenomena available in the framework of international legal reality
To ensure the better links of the scope and objectives of the research in terms of highlighting the system of principles and smooth functioning both of international law itself and the entirety of its principles and norms, as well as to clarify and streamline the basic terminology and conceptual basis of international legal science in the matter of principles, the typology of concepts that form the legal backgrounds for contemporary regulation of interstate relationships has been commissioned since there is heterogeneity of various heads of items that claim to be the principles of international law, even with no normative nature in some of them, etc
Summary
The situation in domestic legal science of Russia in the field of research of the subject of principles in international law may be ascertained in general terms as a fairly static picture that inspires a serene belief in the immutability of the existing position and further stable sustainability thereof. A more meticulous view of the principles in international law shall be required: on the one hand, revealing the rationale for the fact that they are not a chaotic phenomenon within the system of international law, and, on the other hand, providing a substantive analysis of them, taking into account the differentiation and identification of objects that claim to be placed under the head of principles, construing the typology thereof, etc. Such an approach is assumed as logical, but prima facie due by time and, fully justified. The author held differentiating sectoral and special principles inter se, having substantiated the segregation of the specific head of principles within the latter group – “principles of autonomous (self-contained) legal regimes”
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