A norm of international law is a generally binding rule of activity and relations between states or other subjects of international law in international relations [1] .
Like other legal norms, international norms are designed for repeated application and can be carried out voluntarily or by coercion [2] . A feature of international legal norms is the fact that they are established by the subjects of international law themselves [3] .
Content
Features
International legal standards differ from domestic standards. Their main features are:
- The subject of regulation is interstate and other international relations.
- International legal norms are created as a result of the coordination of the positions and interests of states (the method of "coordination of will"). Achieving such an agreement is often associated with a compromise, proportional concessions of states to each other on certain issues [4] .
- The form of consolidation of the norms of international law is not the power requirements (law), but sources corresponding to the conciliatory nature of the content of the rules of conduct ( agreement , custom , acts of international conferences and international organizations).
- The norms of international law are created by the states themselves (individually or collectively) and they are also addressed to the states themselves. Of particular importance is the voluntary nature of their implementation [1] .
- International legal norms usually do not combine the classical structure of hypothesis , disposition and sanction [5] .
Formation
The norms of international law, regardless of the form of consolidation ( international treaty or custom ), are formed by the very subjects of international law (and above all by states) by coordinating interests and positions. Moreover, the process of reconciling the will goes through two stages [6] :
- Subjects agree on the content of the rule of conduct;
- Subjects express their will to be bound by this rule of conduct for them. Such consent to be bound can be expressed by the conclusion of a contract or by constant general practice - the uniform activity of subjects ( custom ).
Views
In shape :
- Contractual (documented).
- Ordinary (not documented).
On the subject of regulation :
- The rules of law of international treaties ;
- Norms of space law ;
- Norms of international air law ;
- The norms of international criminal law , etc., depending on the specific sub-sector of international law.
By scope :
- Universal - the rules governing relations between the vast majority of subjects of international law [7] .
- Local - the rules governing relations between subjects of international law within one region or relating to a limited number of subjects of international law [8] .
By legal force :
- Imperative ( jus cogens ) - universal norms, deviation from which is recognized as unacceptable by the entire world community.
- Dispositive
See also
- Jus cogens
- Sources of International Law
Notes
- ↑ 1 2 Ignatenko, Tiunov, 2010 , p. 93.
- ↑ Lukashuk, 2005 , p. 60.
- ↑ Bekyashev, 2003 , p. eleven.
- ↑ Tiunov O.I., Kashirkina A.A., Morozov A.N. The influence of international law on the development of national legislation // Journal of Russian Law. - 2010. - No. 6 . Archived February 2, 2014.
- ↑ Glebov I.N. International law. - M .: Publisher: Drofa, 2006. - p. 37.
- ↑ Ignatenko, Tiunov, 2010 , p. 94.
- ↑ Ignatenko, Tiunov, 2010 , p. 96.
- ↑ Bekyashev, 2003 , p. 13.
Literature
- International law / Ans. ed. G.V. Ignatenko and O.V. Tiunov. - 5th ed., Revised. and additional .. - M .: Norm: INFRA-M, 2010. - 783 p. - 4000 copies. - ISBN 978-5-16-004137-7 .
- Bekyashev K.I. International public law . - 2nd ed., Revised. and additional .. - M .: Norm: INFRA-M, 2003. - 640 p. - 4000 copies. - ISBN 5-98032-026-1 . Archived February 1, 2014 on Wayback Machine
- Lukashuk I.I. International law: the general part . - Ed. 3rd, rev. and add. - M .: Walters Clover, 2005 .-- 432 p. - ISBN 5-466-00103-1 . (inaccessible link)