STATICS AND DYNAMISM OF INTERNATIONAL LEGAL REGULATION IN THE ASPECT OF THE SYSTEM OF SOURCES OF MODERN INTERNATIONAL LAW

Abstract

In the practice of international relations, there is an expansion of the system of sources of modern international law. The study of these sources is necessary for understanding the foundations of international law, solving specific international problems and increasing the effectiveness of international cooperation. The inefficiency of the traditional approach to determining the system of sources of international law, established by Article 38 of the Charter of the International Court of Justice of the United Nations, has been proven. The essence of the international treaty, international custom and general principles as sources of international law, the question of their hierarchy and priority are clarified. It is substantiated that court decisions play a transformative role in international lawmaking. Instead, legal doctrine is not a source of international law, being a means to determine legal norms. The necessity of applying unilateral acts of states and acts of soft law as sources of modern international law is argued. The concept for understanding the source of modern international law is outlined as any document, process or practice that creates, establishes or implements legal norms and principles that regulate interaction between states, international relations and the activities of international organizations. These sources can be both formal (ie, laws, treaties, decisions of international bodies, etc.) and informal (eg, customs, precedents, expert assessments, recommendations, etc.). The signs of the sources of modern international law are determined: diversity; generality; variability; ability to interact; social value and obligation. Arguments are given for understanding the multi-vector nature of the modern system of sources of international law, which includes sources different in terms of legal force, interconnected by mechanisms of influence, but united by a common goal – to reflect the concept of modern society.