MAIN SOURCES OF INTERNATIONAL LAW AND THEIR HIERARCHICAL RELATIONSHIP (PART 1)


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Abstract

The question of the sources of international law, which of them are the most important and the hierarchical relationship between them is not one of the most important, but at the same time the “eternal problem” of science and practice of international law. The answer determines the attitude to other (specific) problems. In addition, this category is changeless, it is in constant development, which means that it is necessary to return to it from time to time and consider it in the light of new events and relationships. For this reason, the author of the article chose this particular topic, trying to reveal it in a slightly different way than is customary in legal literature. A special intention was to point out the relativity of classifications and conclusions, as well as the growing role of decisions of international organizations. There was also a desire to provoke a scientific debate about the issues raised. The article consists of three parts. The first provides a brief overview of the sources of international law, and the author, unlike the generally accepted approach, distinguishes between the main and most important sources of international law. The second part deals with the problem of importance and interrelation of the most important sources of international law - international treaties, international legal customs and decisions of international organizations. In the third and final part, the author points to the identified problems. He particularly emphasizes the fact that in international law there is no rigid hierarchy between the norms of the most important sources of this right, as well as the fact that in the future, due to the irrepressible processes of globalization, we can expect an increase in the role of decisions of international organizations.

About the authors

B. Krivokapich

Faculty of Business and Law, University «Union – Nikola Tesla», Department of Theory and History of State and Law and International Law, Samara National Research University

Author for correspondence.
Email: grigorjewa.katerina@yandex.ru
Serbia

References

  1. Trinidade Antônio Augusto Cançado. International Law for Humankind: Towards a New Jus Gentium. Martinus Nijhoff, 2013, 726 c. [in English].
  2. Blagojević Borislav (gl. red.). Beograd: Pravni leksikon, 1964 [in Serbian].
  3. Krivokapiћ Boris. Међународно јавно право. Belgrade , 2017 [in Serbian].
  4. Krivokapiћ Boris. «Једнострани акти држава као извор међународног права». Правни живот, 2011, 12, pp. 139–159 [in Serbian].

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