FEATURES OF ITS LEGAL NATURE IN FOREIGN SCIENTIFIC DOCTRINE

Authors

DOI:

https://doi.org/10.33216/2218-5461/2024-47-1-346-357

Abstract

The article examines the main scientific
doctrinal approaches of foreign scientists regarding
the definition of the concept of "international law" in
the context of its origin and development. Various
arguments of scientists in this field are analyzed and
compared. In addition, the peculiarities of the legal
nature of international law are revealed in almost all
its manifestations. The scientific positions of various
legal schools in the specified problem are studied. The
specific characteristics of the main structural
elements of the international law system are derived
and their mutual influence is characterized. Emphasis
is placed on the priority and dominance of certain
elements of the international law system in the context
of revealing its legal nature. Common and distinctive features of the main manifestations of the nature of international law in scientific doctrine and practice are delineated in detail. The main trends in the development of various concepts of the effectiveness and progress of the legal nature of international law are highlighted on the example of naturalistic, positivist and eclectic schools. An independent, creative and scientific analysis of all the above researched problematic issues is given from the point of view of both theory and practice.

Key words: origin, development, definition, international law, legal nature, scientific doctrine.

Author Biography

O.V. Stolyarskіy

К.ю.н., доц., доцент кафедри міжнародного права Львівського національного університету ім. І. Франка (вул. Університетська 1, м. Львів, Україна)

Published

30.05.2024

Issue

Section

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