Problem of the Identification of the Functions of International Law Revisited
https://doi.org/10.24833/0869-0049-2007-3-5-15
Abstract
The article presented above deals with the issue of the functions of international law as it is represented in the Russian doctrine of International law. Apart from that the author touches upon the development of international law, its interconnection with the national law, international relations, future prospects.
First of all the author gives the definition of the functions of international law and lists their types among which due attention is paid to the functions of the subjects of international law and actors of international relations (e.g. Holy See). Another important point the author highlights is that functions of law are greatly influenced by the system of relations in the society or international community. Further on functions of the international law are compared to the national one with the emphasis on four aspects: creation of norms, regulation, coercion and court. As for the functions of international law proper, they are divided into two groups: internal functions connected with the essence, goals and aims of the international law and external functions dealing with the impact of international law on the social systems and international relations.
In the conclusion the author states that functions should also be identified according to the branches of international law as with the development of the doctrine of international law doctrines of its branches were also developing : for example, theory of international diplomatic law, theory of international law of the sea, etc.
About the Author
E. G. LyahovRussian Federation
Evgeny G. Lyahov – Doctor of Laws, professor
Review
For citations:
Lyahov E.G. Problem of the Identification of the Functions of International Law Revisited. Moscow Journal of International Law. 2007;(3):5-15. (In Russ.) https://doi.org/10.24833/0869-0049-2007-3-5-15