Mazurenko V. International legal heritage of P.E. Kazanskyi

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0419U005224

Applicant for

Specialization

  • 12.00.11 - Міжнародне право

30-11-2019

Specialized Academic Board

Д 41.086.04

National University «Odessa Law Academy»

Essay

The thesis is devoted to the study of the international legal heritage of Professor P.E. Kazanskyi, its influence on the development of the doctrine of international law. The main stages of the formation of international legal views of P. E. Kazanskyi, the methodology of the study of international legal phenomena, the impact on the development of theoretical views on certain institutions of international law are considered. The prognostic potential of international legal ideas and concepts of Kazanskyi is considered. The methodological approaches and principles used by P.E. Kazanskyi in international legal research are revealed. The characteristic of Kazanskyi’s views on the system, sources and subjects of international law is given. It is concluded that P.E. Kazanskyi is committed to a broad approach to understanding international law, according to which international public and international civil (private) law constitutes a unified system of law. The ideas of P.E. Kazanskyi on the role of international justice in the functioning of international law, its attribution to the sources of international law are highlighted. The views of P.E. Kazanskyi on the place and content of international river law in the system of international law at the end of the 19th century are analyzed. The concepts of P.E. Kazanskyi on the institutionalization of international law, international administrative law and the law of international governance are examined; the forecast of P.E. Kazanskyi regarding the development of international unions of states is evaluated. The significance of P.E. Kazanskyi’s ideas regarding the content of international civil (private) law and its place in the system of international law, a forecast regarding the development and codification of private international law, the emergence of world civil law is disclosed. It is proved that P.E. Kazanskyi is the most famous representative of the Odesa school of international law at the end of the 19th - beginning of the 20th centuries, who made the greatest contribution to the development of the science of international law. It is proved that Peter Kazanskyi has an inherent authorial system of methodological approaches, principles and methods. An important methodological principle of Peter Kazanskyi, which he introduces in all his works, is the advantage of the analysis of normative material, in contrast to the doctrine of international law, which at that time was an important source and basis of the system of international law. This is especially evident in the writings on administrative unions of states. That is, one can characterize Peter Kazanskyi as a consistent positivist. It is revealed that Peter Kazanskyi’s contribution to the development of international law is the most significant in the field of international administrative law and consists in the formation of the concept of institutionalization of international law, the separation and characterization of the law of international management. The concept of international governance allows us to re-evaluate the predictive opinions of Peter Kazanskyi on the development of international law. The growing number of administrative unions of states formed after the World War I, the League of Nations and the International Labour Organization, as well as the creation after the World War II of the United Nations and the system of its specialized institutions, fully confirmed the scientific validity of the ideas of Peter Kazanskyi on the further development of international law and its institutionalization. It is established that Peter Kazanskyi introduced the idea of the international legal personality of mankind. Under humanity, he understands a global society that includes both individuals and groups of individuals and states. That is, it is a broad approach to humanity, consisting of all social components. According to Peter Kazanskyi, humanity realizes its legal personality through a free union. In fact, this idea is actually the inclusion of humanity in the subjects of international law as a separate entity that possesses unique characteristics. It is ahead of current ideas about the international community, closely related to the concept of the international legal personality of mankind. From this it follows that the recognition of humanity’s international legal personality is not solely a reflection of changes in modern international law, its causes are much deeper, and perhaps current trends only actualize them.

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