DOES INTERNATIONAL LAW REGULATE RELATIONS WITH PARTICIPATION OF INDIVIDUALS? PART 2
International legal norms can (under certain conditions) directly regulate relations with participation of individuals and legal entities). Based on the idea that the legal nature of the source of rules, governing social relations, determine the nature of the (generic and standard accessory) arising...
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| Format: | Article |
| Language: | English |
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Moscow State Institute of International Relations (MGIMO)
2017-12-01
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| Series: | Московский журнал международного права |
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| Online Access: | https://www.mjil.ru/jour/article/view/176 |
| Summary: | International legal norms can (under certain conditions) directly regulate relations with participation of individuals and legal entities). Based on the idea that the legal nature of the source of rules, governing social relations, determine the nature of the (generic and standard accessory) arising legal relations, as well as the personality of people involved, an as-sumptive conclusion is that individuals are subjects of international law, and the relationship with their participation - international inter-state relations. On the other hand, individuals are subjects of international law and relations including their participation are not international inter-state re-lations. The solution to this problem, which seems to be unsolvable, is associated, firstly, with the appearance as a new independent type of public relations cross-border social relations. Secondly, the fact that the basis of determination of this or that model is not a typical affiliation of regulationsor their source, but the subject and method of legal regulation. In appropriate cases, individuals and legal entities are subjects of cross-border relationships. As conflict and substantive rules of all legal systems licensed by each state to settle cross-border relations have started to participate in the mechanism of legal regulation of these relations, there was a formation of not a new type of legal system, but a new type of the structural elements of the law itself, which we call inter-system entities. Formations of this kind have become important elements of the law, and they even received the name of «law» (private international law, international customs law, international tax law etc.), although they are not legal systems or separate branches of national law. In appropriate cases, individuals and legal entities are not subjects of international law, but subjects of intersystem entities. |
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| ISSN: | 0869-0049 2619-0893 |