Butkevych O. The formation and the development of the international law within the ancient period.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0402U002015

Applicant for

Specialization

  • 12.00.11 - Міжнародне право

10-06-2002

Specialized Academic Board

Д 26.001.10

Taras Shevchenko National University of Kyiv

Essay

The Thesis analyses the nature, mechanism and essence of the appearance of international law and the formation of its major institutions in antiquity. The author studies the major scientific theories concerning the creation of international law. Specialists mostly denied existence of international law in antiquity. Thus in the international legal science several theories were formed concerning the time of its rise. Most of the scientists were bound by eurocentric views, that proves the necessity of new scientific approach to this problem. Such approach was made by the author on the basis of comparative method of studying the creation of international legal institutions and principles in the different regions of ancient world. The author studies the contributions and errors of the naturalist and the positivist conceptions of the appearance of international law; the peculiarities of the ancient international relations as the object of international legal regulation. The latter caused the main peculiarities of the international law in antiquity: regionalism, close ties with religion, the major role of custom as the legal source, the complicated treaty making process, non - systematic character. The author analyses the creation and the development of the major institutes of international law within the ancient world (institute of subjects of international law, the status of foreigners, the sources of international law, main institutions of ambassadorial, trade, maritime law, the laws and customs of war, the status of territory etc). The author proves that the first foundations of the primary international legal institutions were laid in the relations of states and state - like entities of the ancient regions of Mesopotamia, Egypt, China, India, Greece, Rome, etc. Analysis of the co - relation of municipal and international law in the ancient period was made and the major stages of this process are pointed on. The author studies the main peculiarities of the formation of international legal views in the mythology, ideology of international relations, general legal theory and the creation of proper international legal theory. The main concepts of the thesis and its conclusions contribute to the notion of the nature, essence and major regulative characteristic of international law, and to the decrease of present day conflicts, caused by the undervaluation of regional international legal cultures.

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