Like any industry, public international law plays a key role in the regulation of public relations. But unlike the “internal” ones, this system of legal norms is aimed at regulating issues of an international nature.
The concept of public international law .
Lawyers characterize any branch of law according to three main signs: the method and subject of regulation, as well as the totality of norms on the basis of which the first two signs are determined.
The subject of this branch of law is understood as legal relations established between states, peoples and nations fighting for self-determination, state entities, intergovernmental organizations. Moreover, the range of issues to be solved is limited to issues strictly specified in interstate agreements that go beyond the competence and territory of a particular country.
International public law has a special method of regulating the relations of subjects of this industry - imperative. This will be explained by the fact that the contracting parties always discuss only those issues whose resolution cannot be dualistic. A vivid example is the 1998 Kyoto Protocol, on the basis of which countries have established standards for the conservation of ecosystems that are binding on all countries that are parties to the Convention and the Protocol.
International public law is characterized by two types of legal norms , on the basis of which regulation of the problems of this branch of law can mainly be carried out: contractual and non-contractual. Treaty standards traditionally include those norms that were enshrined in interstate agreements that have universal (UN Charter), local (Maastricht Treaty 1992) or bilateral (cooperation agreement). In turn, non-contractual ones are represented by customs that have arisen and are being applied in practice of the behavior of countries among themselves. As a rule, contractual legal norms become binding on the parties only if they have been ratified in the manner prescribed by law and / or the Constitution of the country. Regarding ordinary norms, it should be said that they are not binding. However, recently there has been a process of their written fixing and ratification.
Based on the presented characteristics, we determine:
International public law is a combination of customary and contractual rules governing problems and relations between countries, state entities, nations fighting for self-determination, and intergovernmental organizations and are binding on all parties that confirm their legitimacy in the manner prescribed by law .
International public and private law: points of difference .
As in domestic law, in international relations, different in nature of the subjects of relations regulate special legal institutions. They are formed in international public and private law (hereinafter referred to as the MPP). Despite the fact that both sectors regulate the problems associated with the participation of representatives of different states, the difference between them is significant.
First of all, the very concept of international public law limits the list of its subjects: states, intergovernmental organizations, state formations, as well as nations fighting for self-determination. In contrast to the above, the Ministry of Emergency Situations extends the list of participants in private law relations, for example, individuals and / or joint-stock companies.
Secondly, the industry and the subject of regulation differ. MCHP is aimed at regulating private-law problems. Unlike him, international public law is aimed at considering issues of an administrative, public, nature.
Thirdly, the method of legal regulation is different . The imperative of regulation is characteristic mainly for the public direction of international law. MPP, on the contrary, provides its subjects with specific patterns of behavior and allows participants to choose the most appropriate option for a particular situation.
Fourthly, in most cases, the foundations for regulating the actions of participants in a public-private partnership are established by international public law, with the exception of legal customs. And that is why often some jurists exclude the definition of “public” from the definition of “international public law”, referring private law to the section of international public law.