Topic 1. The essence and characteristic of international law

1. The essence of international law

International law, also called public international law or law of nations, the body of legal rules, norms, and standards that apply between sovereign states and other entities that are legally recognized as international actors.

According to Bentham’s classic definition, international law is a collection of rules governing relations between states. It is a mark of how far international law has evolved that this original definition omits individuals and international organizations—two of the most dynamic and vital elements of modern international law.

The term "international law" can refer to three distinct legal disciplines:

Public international law, which governs the relationship between provinces and international entities. It includes these legal fields: treaty law, law of sea, international criminal law, the laws of war or international humanitarian law and international human rights law.

Private international law, or conflict of laws, which addresses the questions of (1) which jurisdiction may hear a case, and (2) the law concerning which jurisdiction applies to the issues in the case.

Supranational law or the law of supranational organizations, which concerns regional agreements where the laws of nation states may be held inapplicable when conflicting with a supranational legal system when that nation has a treaty obligation to a supranational collective.

International law is distinct from international comity, which comprises legally nonbinding practices adopted by states for reasons of courtesy (e.g., the saluting of the flags of foreign warships at sea).

In law, comity specifically refers to legal reciprocity—the principle that one jurisdiction will extend certain courtesies to other nations (or other jurisdictions within the same nation), particularly by recognizing the validity and effect of their executive, legislative, and judicial acts.

International law is an independent system of law existing outside the legal orders of particular states. It differs from domestic legal systems in a number of respects. For example, although the United Nations (UN) General Assembly, which consists of representatives of some 190 countries, has the outward appearances of a legislature, it has no power to issue binding laws. Rather, its resolutions serve only as recommendations—except in specific cases and for certain purposes within the UN system, such as determining the UN budget, admitting new members of the UN, and, with the involvement of the Security Council, electing new judges to the International Court of Justice (ICJ).

International law is a distinctive part of the general structure of international relations. In contemplating responses to a particular international situation, states usually consider relevant international laws.

2. Functions of international law

Functions of international law – these are the main directions of its impact on the social environment, defined by its social purpose. In their external features, they are divided into two groups: a socio-political and legal functions. The first group, which is based in the consolidation of the existing system of international relations include:

* Function of maintaining a system of international relations to be stable order;

* Function is counter to the existence and emergence of new relations and institutions that are contrary to its purposes and principles (prevention of conflicts, the prohibition of the threat and use of force, etc.);

* Function of internationalization, in broadening and deepening the relationship between states and thereby strengthening the international community;

* Awareness-raising function, whose meaning lies in the transfer of experience of rational behavior in the Enlightenment on the possibilities of law, education to respect the law and protected their interests and values (especially true for relatively States, recently embarked on path of integration into the global community).

The second group of functions of international law, the essence of which is the legal regulation of international relations, consisted of:

* Coordinating function, since the rules establish mutually acceptable standards of conduct in various areas of relations between states;

* Regulatory function, which is manifested in the adoption by States firmly established rules, which are indispensable for their co-existence and dialogue;

* Security functions, the content of which is that the international law has a rule to encourage States to follow certain rules of conduct;

* Protective feature is the presence of international law in the mechanisms that protect the legitimate rights and interests of the States (it is not so there exists a supranational enforcement mechanisms, as appropriate states themselves collectively to ensure the maintenance of international right).