1.3. The development of international law in Russia

A great contribution to the development of international law made by Russian scientists. By the end of H1H century international law has become an essential regulator of international relations. The works of Russian scientists was a noticeable phenomenon in the world literature international Prava Two-volume work FF Martens "Contemporary international law of civilized Nations (1882-1883) held in pre-revolutionary Russia five editions and was translated into 13 languages. Russian scientists have put forward and justified a number of new concepts and doctrines: the system of international law (Yes, Nemchoukov), the origin of the science of international law in the era of feudalism (Wehrburg), spatial theory of the state territory (Vastanicheski, Munchausen), permanent international court of justice (Laganosky), and other Zeal and diligence of a dozen scientists who left Russia after the October revolution of 1917, - abroad was established international legal science of the Russian Diaspora. In addition to numerous international legal publications in periodicals Russian abroad and their countries of resettlement of Russian lawyers have done some serious research. In Russian monographs and textbooks on international law from a distance PM Bogaevsky, GD Gurvich, M. Taube, L. Tauber, M. Zimmerman, in French - A.M. Gotovtsev, A.N. Mandelstam, BS Mirkin-Getsevich; on the Bulgarian - PM Bogaevsky; on the Lithuanian - A.S. Yashchenko; on the Czech - M. Zimmerman. For example, Peru GD Gurvich belongs work (by the way, the second voluminous time of the publication in exile)20 Introduction to the General theory of international law: the Abstract of lectures (Issue 1. Prague: 1923. 119 S.". The core research GD Gurvich is section 4 "Nature of international legal relations". Raised the question of the type of international legal relations - public or private, is the author thoroughly expounded the doctrines of German scientists of Heilborn, O. Guirec, Jellinek, E. Kaufman, F. Liszt, Triple and Russian - SHOSTAKOVICH Grimm, Phefeni, LI petrickova, F. W. Taranovsky, L.A. Challange and Dr He came to the following conclusion: "as the difference between public and private law depends on some state of the will, it can be set only for domestic law and international law in General is not relevant"22. And further: "International law is the most common, covering the most part of the right; on him not rise any further legal system, on which she could lean on. Opposite... all other area is based and go back to the international legal order. It is easy to see that from here follows directly the need for classification of international law to the law of the social". Interesting theoretical design of the entire legal system, created GD Gurvich. In his opinion, it is a pyramid the base of which lie the field of law of particular States, and is located on the top private international law, which, in turn, is crowned by public international law. Perhaps the most venerable Russian lawyer-foreign Affairs specialist in emigration was M.A. Taube. He was a supporter of the idea of international communication, or the community and solidarity of all civilized Nations - the same mutual cultural connectedness or dependence", which is the basis of international law. In this respect he is a successor of works Phefeni. According to M. Taube, the world mutually intertwined, the successes and failures of one country affect other: "...in the present state of cultural unity of the peoples of the moral or economic disease is one of them means other, in the end, and the affliction of his neighbors. For all are members of one of the great body"23. The idea of interdependence of States M.A. Taube logically deduced the idea of mutual restraint wills as the mechanism of creation of the international law. And before him and after international law was considered mainly as a system of certain norms (rules of conduct), regulating the relations of the subjects of international law. And this is true. But M.A. Taube drew attention to the other side of international legal norms. State mutually relinquish part of his authority, voluntarily limiting its sovereignty for the benefit of human society, that is "one of the great body". And it was a new word M.A. Taube in the development of the theory of international law. In the Russian Diaspora high productivity differed scientific activity M.A. Zimmermann. In Russian M.A. Zimmerman released: "Essays of new international law. (Guide to the lectures.)". Prague: Publishing house of the Russian legal section, 1922 - 240 C.; "Essays of new international law. (Guide to the lectures)". Prague: the Flame, 1923 - 330 S.; "International law. 4.2. Substantive law". Prague, 1924 - s.; "International law". V.2. Prague, 1925 - s. and others. The scientific work of M.A. Zimmerman is a bibliographic rarity. Many of them were published mimeographed way, in small batches. In emigration fruitfully worked PM Bogaevsky and A.N. Mandelstam and other talented authors. The fundamental works of A.N. Mandelstam dates back to 1925. The first of them is devoted to the problem of international protection of the rights of national menshinstv. The diplomat tsarist time, the expert on Turkey, which the circumstances of turkophile made turcoform, a scientist of international economy, which have the highest concentration of knowledge of international law from the Institute of international law - the Commission to submit a report on this subject, wrote scientific, special contents of the book on which it definitely has imprinted ...livelihoods and personal interests... of the author", - wrote in recenzii M.V. Vishnyak. Therefore, Russian scientists-immigrants have made a significant contribution to the development of the science of international law.

CHAPTER 2. ACTUAL PROBLEMS OF THE INTERNATIONAL LEGAL SYSTEM 2.1. The essence of the modern doctrine of international law

With all the diversity existing in the domestic and foreign literature definitions of international law can be distinguished in common: most authors consider international law as a system of international Treaty and customary rules that are created by States and other subjects of international law aimed at maintaining peace and strengthening international security, the establishment and development of comprehensive international cooperation, which are provided in good faith implementation of subjects of international law with its international obligations and, if necessary, and coercion carried out by States and individually or collectively in accordance with the applicable rules of international Prava International law is not only a set of principles and norms, as far as this set is a normative reflection international forms of legal consciousness that occurred at least five thousand years ago as a result of the awareness of people of their own interest. Modern international system in the broad sense is a complete set including: a) variety of actors in the international system: the sovereign state; Association of States, not which are subjects of international law; the nation and the people, fighting for freedom, independence and create their own state (for example, the Arab people of Palestine); universal regional international organizations (e.g. the United Nations); numerous international non-governmental organizations; international conferences, committees and commissions, international courts and tribunals; physical and legal persons and other; b) the variety of relations between the subjects of the international system; C) a set of legal systems, including the national, which are varied relations between subjects of international sistemy In international legal standards reflected the complex process of interaction of the States a permanent transformation of social relations. Forming on their basis the legal awareness is reflected in international law, which corresponds to the subjective will of the people, and the objective factors of social development. The end of the second Millennium of the modern era in human history coincides with the beginning of a new stage of development of international law. Reasoning about the benefits of international law or doubt that it is necessary, replaced by the universal recognition of this legal system as an objective reality that exists and develops regardless of the subjective will of the people. However, the present stage of development of international law inherent in many of the contradictions, which are actively discussed in scientific publications. Let's analyze some of them.