Zubar I. Development of universal international law and its regional subsystems at the current stage.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0416U004475

Applicant for

Specialization

  • 12.00.11 - Міжнародне право

17-10-2016

Specialized Academic Board

Д 26.001.10

Taras Shevchenko National University of Kyiv

Essay

The thesis is dedicated to the comprehensive research and analysis of the development and correlation of the universal international law and its regional legal subsystems at the current stage. The author concludes that universal and regional components in international law went through several stages of their correlation and development: the prevalence of regional component in international law during ancient times; continuous and gradual strengthening of universalism in the international legal practice of the Medieval Ages; formulation of ideas of universalism in international legal sources of the Westphalia period; strengthening of universal international law at the end of XIX and at the beginning of XX centuries. It is specified that European regional legal order influenced the legal rules of current universal international law not only through colonial seizures of states in other regions of the world, but also through developing theoretical ideas and dissemination of respective scientific approaches of European scholars throughout the world. Among such ideas and works, there were "peace projects" where the fundamental principles of contemporary universal legal order enshrined in the UN Charter today were firstly met. However, such leading role of the European legal order in the formation of the universal international law has also had its drawbacks, among which one could mention interpretation of international law on the basis of the concept of "the law of civilized nations". The author studies the origins of the universal international law as a basis of "international community law" and analyzes current tendencies in theoretical explanation and practical correlation of general and universal international law. It is specified that the main idea which formed the universal legal order in XX century was the idea of ensuring international peace and security in relations among the states. At the turn of XXI century, the idea of ensuring human rights and freedoms became the basic and central component of the universal international law.

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