Legal implementation is the path to globalization

On the path to globalization, humanity must overcome many more problems. Only one thing can be stated with confidence: sooner or later, but an event related to the unification of the world must happen. Of course, given the different worldview, religion, views, political pluralism, it is difficult to draw any significant conclusions. However, there are parties that are most easily amenable to globalization and change.

Right

implementation is

For example, many states have succeeded in implementing international law. This is a serious enough step for all mankind, the path to establishing a single order, blurring the lines between peoples, nations, states and individuals. Let's start with the very concept: implementation is the implementation of its obligations acquired at the international level, with their application at the state level. Simply put, if one state under an international agreement (and international acts have priority legal force) has undertaken to carry out a number of actions related to changing and modernizing the legal system, or if such changes are necessary to carry out other actions, it will be obligated to make such changes.

For example, in Russia the extradition of citizens is prohibited, that is, the transfer of citizens to another state for criminal prosecution, but if tomorrow Russia enters into an international agreement with the United States on the transfer of citizens for criminal prosecution, the extradition rule will have to be changed.

In the same way, the emergence of new norms. Meanwhile, there is a second meaning of the term: implementation is a way, the result of which is the addition of international norms to the system of national law. That is, borrowing, replacing existing norms and so on.

Targets and goals

implementation of law is

Firstly, as already noted, implementation is the basis of the way of legal globalization. Thanks to this method, many problems associated with the difference in state institutions of law are resolved at the international level.

Secondly, the state is not a final entity, it consists of citizens, legal entities, organizations. In order to facilitate the interaction of citizens of one state with any other persons of another, and even with the state itself, a significant similarity of legal systems is necessary. So that it wouldnโ€™t be that in Russia, letโ€™s say, itโ€™s possible to do this, but somewhere in Korea itโ€™s the death penalty.

The tasks pursued by the implementation of law are the creation of a single, homogeneous or similar legal institution (system) in the international community; mutual assistance of states at different levels; facilitation of immigration procedure for citizens; facilitation of the interaction procedure between all levels and types of persons of different states.

Incorporation

implementation of standards is

Not to be confused with incorporation in the systematization of legislation! This is a type of implementation, due to which international legal standards, including those set forth in the contract, are fully included in the system of law of another state. In this case, there are no โ€œbutsโ€ or reservations to the contract or other international legal act.

As a rule, this is possible if the domestic, national legislation of the implementing country does not come into serious conflict with such normative acts, with all its provisions. The simplest way through which the implementation of norms is implemented is one that does not differ in views between states on one type of relationship, one sphere or one event.

Transformation

However, most international acts are difficult to adopt and incorporate into the system of law in the form in which they are created. Most likely, there will be a conflict with national law, which must be somehow resolved. Therefore, there is a more complex view that uses the implementation of law, this is transformation.

In this way, the norms of international law are incorporated into national law in an amended version. Thanks to the transformation, it is not necessary to seriously change the national legislation; on the contrary, the norms of international law are adjusted to the system of state law.

In some cases, transformation is impossible, in addition, it must have a certain framework, so that the meaning of a legal norm is not lost when it is changed.

the implementation of international law is

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Reference norms are not only at the national level. A method such as reference implementation is only an addition to the rule of national law or minor changes to the rule of law. The norm itself will contain only a reference to the provision of an international act, without disclosing it and without using its text.

On the one hand, this noticeably facilitates the procedure for incorporating such norms into national law; on the other hand, the use of such a norm is hampered by the need to find and read the provisions of an international act. Meanwhile, reference norms are used quite often, especially if the international norm does not introduce serious changes, but acts as a supplement.

Source: https://habr.com/ru/post/G31477/


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