In the research it was carried out an analysis of the sociological school of law. Thus, it is stated that the justification of the law from this point of view and its methodological substantiation was carried out by the outstanding scientist-lawyer E. Ehrlich. It is established that his understanding of the nature of law E. Ehrlich governs the essence of the right of society.
E. Ehrlich in the structure of law allocates such components as "state law", "law of lawyers", "the law of social unions." Such phenomena are relevant in contemporary international relations, taking into account the peculiarities of international legal regulation.
The author analyzed and found points of contact between the "living" law of E. Ehrlich and international law.
Comparing the theory of the origin of law in accordance with the concept of the "living" law of E. Ehrlich and investigating the origin of international law, we can confidently say that the emergence of international law served by the same determinants, through which the right to the theory of E. Ehrlich, namely the "social unions "- the theory of reconciliation - and, as a result, jus gentium.
The study provides an author's definition of the concept of international law as "living" law. Accordingly, international "living" law is a right that provides for the management of the life of the modern international community in accordance with the needs of the present, based on a set of norms and principles of international law, as well as acts of "soft law" and decisions of international judicial institutions.
The author substantiates that from the standpoint of understanding the international law as "living," such processes as international law-making and law enforcement are inextricable processes. The mentioned processes are closely connected with the actual problem of their subject structure in modern international relations. Expansion of the circle of subjects of international legal relations has caused the expansion of the circle of subjects of international law-making and the acquisition of qualitatively new features of "living" law by classical sources of international law. The current tendency is the transition of the main functions in the international law-making from the states to other subjects, while the role of the state increases in ensuring their implementation, implementation at the national level. It is undeniable that the main role in giving the features of "living" law belongs to the bodies of international justice. Their activities are seen in the creation of new rules of international law, through the adoption of decisions on specific cases within the interpretation of norms and principles of international law, the identification of customary norms and general principles of law, the interpretation of an international treaty as a "living" instrument. Decisions of international courts can be the impetus for the beginning of the formation of a completely new direction, the doctrine or, even, the field of law (international criminal law in fact owes its appearance to a court decision). The author substantiates that "living" interpretation is a vital condition for the effectiveness of international law in the context of the absence of a single law-maker in the international legal arena. International organizations are the main subjects of creating soft law, which is a significant part of the system of norms of "living" international law, which has a steady tendency to increase them.
