International law (MP) is a system that exists simultaneously with the systems of law of various states.
The modern MP owes its origin to the United Nations, which was formed in 1945 and under whose influence it is developing. The concept of international law of our time can be compared with the classic in a number of ways. The differences primarily concern subjects. The classical MP recognized exclusively civilized states as a subject, while the modern one is recognized by all states and interstate organizations. Secondly, modern law forbids states to wage war. They can use exclusively peaceful means of resolving conflict situations. Thirdly, a change in the sources to which customs belonged in classical international law, and international treaties in modern law.
The concept and types of subjects of international law
Giving a definition of the subjects of the MP, it is worth noting that these are participants in international relations, endowed with a complex of rights and obligations that are formed as a result of the international legal order.
Subjects of MP are divided into primary and secondary. The first group includes states and state-like entities. These are independent formations for which self-government is characteristic. By virtue of their existence, they already have a set of specific rights and obligations. Due to the relationships arising between the primary entities, the possibility of the existence of international law and its rule of law is created.
The second category of subjects includes international organizations and nations fighting for self-determination.
The concept of international law is in different ways related to the national legislation of states. There are three theories of the ratio of the norms of the MP and domestic legislation. The first of them is monic about the primacy of the MP over intra-state law. The second is monic about the primacy of national legislation over international. The latter is dualistic, recognizes the existence of independent systems that are developing in parallel.
The concept of international law as a science can be divided into two branches: MPP (public law) and MPE (private law).
The concept of private international law is a branch of law, which consists of the rules governing a certain type of relationship that arise from the trade, economic, scientific, technical and cultural relations of one state with another, based on the interaction between states, the conscientious performance of duties arising from publicly recognized the principles and norms of the MP contained in international treaties concluded between states.
The concept of WFP (public law) means a system of legal norms that control the international inter-power relations of its subjects.
To this day, there is no consensus on the affiliation and existence of these two industries. According to some, WFP and MChP are two independently existing legal systems. According to others, they constitute the industry of a single MP system. And others argue that the MP - this is the WFP (public law), and private - this is part of national legislation.
The concept of international law, which includes MPP and MPE, determines their difference by the following criteria: subject, object, sources, as well as the method of legal regulation.
The list of WFP entities has already been given above, so we will consider them in private law. These include the following: the state, international organizations, legal entities and individuals.
The common sources of MPP and MPP are international customs, international treaties and acts of international organizations, conferences, meetings. And the following sources are typical only for MCHP: the law of trade, domestic law of the states, judicial practice.