Streltsova Y. Theory and Practice of the Unification of International Law in the Conditions of Globalization (International and National Legal Aspects)

The thesis is devoted to the theoretical generalization of modern theories and practices of international legal unification and the development of methodological foundations of the concept of international legal unification as a universal mechanism of the modern international law development. The main stages of the development of the institute of international legal unification are identified, new methodological approaches to the study of international legal unification, in particular, the potential and limitations of modern paradigms of its conceptualization are clarified, as well as the inclusion of the concept of fragmentation in the methodology of its study is substantiated. The essence of modern methods of the unification of international law is revealed, in particular, the international organizational and legal means of unification of both international and domestic law are considered. The basic forms and mechanisms of participation of international courts in international legal unification are highlighted, in particular, special consideration is given to the study of the unifying effect of thejudicial interpretation. In addition, emphasis is placed on the national judicial practice impact on the international legal unification. The features of the unification of the Ukrainian legislation on the basis of international treaties of Ukraine are characterized and the possibility of such unification on the basis of acts of international «soft» law and other international acts of advisory nature is argued.