Part II functions of international law

Functions of International Law are the main directions of its impact and interaction with social environment as well as interaction of international law system, its components and elements with other administrative systems, its components and elements as well.

Functions of International Law could be viewed from five interrelated positions:

1. social functions (stabilization and strengthening of relations between subjects of international law);

2. juridical functions (determination of rights and duties of subjects of international law concerning one another, status establishment of different categories of subjects, its legal personality, strengthening of international law, international lawfulness, international law and order, etc.);

3. functions of interaction with other administrative systems which act in international sphere (domestic law, politics, morality, religion, ethics, etc.);

4. programming functions of development of international relations and international law (programming of its development in prospect, prediction of ways of conduct, prevention of variants of ways of development of other systems which interact with international law);

5. informational functions (ensuring knowledge as for the content of legal acts, impact on formation of international legal consciousness).

Questions:

1. There are several definitions of International Law, which is the most exact one?

2. Name main spheres of impact of International Law?

3. How do you think which aspects cover Public International Law and which ones - Private?

4. Can you explain the difference between International Law and Domestic Law? Prove your answer;

5. What is a “State” itself?

6. What is increasingly important to the functioning of our interdependent world?

7. What for is designed International Law?

8. What does “ad hoc” mean?

9. Think over and say why do States obey International Law?

10. Try to explain what happens if the rules of International and Domestic Law conflict?

11. Explain the essence of two terms: monism and dualism?

12. What is the best way of interaction between International and Domestic Law?

13. What are functions for International Law? Which one should be the most important?

14. Resume the information received.

2. Complete the following sentences using the required information from the text above:

1. International law is

concerning the relations between sovereign States, and relations between States and international organizations such as the United Nations;

2._____________________________________________________________________

concerns itself only with questions of rights between several nations or nations and the citizens or subjects of other nations;

3.____________________________________, therefore, does not concern dispute resolution but dispute avoidance, it focuses on the day-to-day regulation of international relations;

4. Although international law is mostly made between States or in relation to States, its effects are______________________________________________________

5.An important aspect of international law is____________________________

___________________ but it is only one part;

6._____________________________________________the law within a

State, is concerned with the rights and duties of legal persons within the State;

7.___________________________________ are often an important means

through which international law is implemented in practice;

8. In general, international law is___________________________________

national implementation, diplomatic negotiation or public pressure, mediation, conciliation, arbitration, judicial settlement;

The theories of are the two main

theories that explain the relationship between international and domestic law;

10.____________________________ this theory holds that international law and

domestic law are separate bodies of law, operating independently of each other;

11._________________________________________ could be viewed

from five interrelated positions;

12. __________________________________________ rules and customs

governing the relations between states in different fields, such as the law of the sea, space law, trade law, territorial boundaries of states, and diplomatic relations;

13.____________________________________________________________________deals with controversies between private persons, natural or juridical, arising out of situations having significant relationship to more than one nation.