About some approaches to the international law in British scientists’ researches (part I)
- Authors: Grigoryan A.S.1
-
Affiliations:
- Russian Foreign Trade Academy
- Issue: Vol 17, No 6 (2024)
- Pages: 203-213
- Section: International Legal Sciences
- URL: https://journals.rcsi.science/2072-3164/article/view/279861
- DOI: https://doi.org/10.33693/2072-3164-2024-17-6-203-213
- EDN: https://elibrary.ru/ISEIDS
- ID: 279861
Cite item
Abstract
The purpose of the research. At the present time there is a shortage of scientific researches devoted to the concepts of the international law of foreign countries. At the same time, there is a significant need for such works, since any interstate cooperation, as well as confrontation, requires a detailed knowledge of the approaches to the international law of the relevant country. In this context Great Britain stands out. Positions of Great Britain continue to have a significant impact on the formation of the approaches to the international law of the Anglo-Saxon legal family states. Largely due to the ideas of the British the foundations of the pan-Western system of views on the international law were laid. This article deals with the interpretation of various international law issues by the representatives of scientific schools of several universities in Great Britain. The positions of these scientists concerning the essence and meaning of the international law, its application are of interest from the point of view of their comprehension on the basis of Russian approaches. That is the purpose of this article. Results. The approaches of British scientists to the international law considered in the article demonstrate both similarities and differences in comparison with the domestic international legal doctrine. These include: the vision of the international law as simply a set of rules or as a complex system; the role of normativity in the international law; analysis of some of the weak and strong sides of the international law; international law criticism of the foreign policy courses of certain countries, including Great Britain and the Unites States; consideration of Russia as a country that supports special, far from Western, approaches to the international law.
Full Text
##article.viewOnOriginalSite##About the authors
Alexander S. Grigoryan
Russian Foreign Trade Academy
Author for correspondence.
Email: grigoryan84@inbox.ru
SPIN-code: 9391-5013
Cand.Sci.(Law)
Russian Federation, MoscowReferences
- Abashidze A. Kh. International universal system for the protection of human rights: challenges and prospects // Scientific and analytical journal Observer – Observer. № 1/2023, pp. 115-136.
- Jean d’Aspremont. Formalism and the sources of International law. A Theory of the Ascertainment of Legal Rules // Oxford University Press. First Edition published in 2011. First published in paperback 2013. 284 p.
- Varlamova N.V. Normativity of law: problems of interpretation // Proceedings of the Institute of State and Law of the Russian Academy of Sciences, № 4/2013, pp. 76-115.
- Vetrenko I.A., Kovalev A.A. Political conflicts and modern methods of their resolution in the legal field: potential and limitations // Law enforcement, 2022. Vol. 6, № 3, pp. 33-48.
- Vylegzhanin A.N., Potier T. Shaw’s Interpretation of International Law: Theoretical Reflections. – Moscow Journal of International Law. 2017. № 4, pp. 7-18.
- Vylegzhanin A., Magomedova O. International legal policy of a state // International Trends. Volume 20. № 3 (70), 2022. pp. 112-126.
- Dorskaya A.A. The effectiveness of legal regulation as an object of study by Russian international lawyers of the 19th – early 21st centuries // Efficiency of international legal regulation and overcoming of crisis phenomena in international law: collective monograph / Edited by Smorgunova V.Yu., Dorskaya A.A. – St. Petersburg: Asterion, 2021, 272 p.
- Kosarev A.I. About the use of the comparative method in historical and legal research // Soviet State and Law. – M.: Nauka, 1965, № 3, pp. 78-86.
- Lukashuk I.I. International law. General part: textbook for students of law fac. and universities. 3rd edition, revised and expanded – M.: Wolters Kluwer, 2005, 432 p.
- Magomedova O.S. The concept of international legal policy of the state in foreign legal studies. Dissertation of the scientific degree of candidate of legal sciences. Specialty – 5.1.5 International legal sciences. M., 2022, 287 p.
- Mansell W., Openshaw K. International Law. A Critical Introduction // Hart Publishing, Oxford and Portland, Oregon, 2013, 288 p.
- Matuzov N.I., Malko A.V. Theory of state and law: textbook. – 5th ed. – M.: Publishing house “Delo” RANEPA, 2022, 528 p.
- International law: textbook / responsible editors Danelyan A.A., Egorov S.A. – M., Prospekt, 2023, 752 p.
- Smbatyan A.S. Anti-formalism v. traditionalism as a new challenge to international law // Russian Foreign Economic Journal. № 6-2020, pp. 41-62.
- Tyurina N.E. Globalization as an objective trend in the development of international law // Scientific notes of Kazan State University, Vol. 149, book 6, 2007, pp. 303-315.
- Shaw Malcolm N. International Law, Vol. 1 – Almaty, 2019, 640 p.
- Shumilov V.M. History and modernity of the international system and the international legal order. Criminological journal. 2023. (1): 148-157.
Supplementary files
