Legalization as an indicator of regulatory modalities of international legal norms
Journal Title: Альманах міжнародного права - Year 2016, Vol 14, Issue
Abstract
The article analyzes the normative modality of international rules in the context of their legalization and in the context of law making activity participants’ legitimization. The in- fluence of the content, the form and the legal consequences of international legal norms on their normative modality was identified. The author argues that to indentify the extent of the legalization of the international legal norm through its modality it should be taken into account the contents and legal consequences of international legal norm since they form a particular degree of «modalities». It is established that the modality of international legal norms are quite dynamic category. The author states that the modality of international law norm, clearly expressed at the time of its adoption, may vary depending on the practice of its application. That practice is influenced by sub- jective factor and associated with legal legitimation of its participants. It is defined that modality is more stable category towards the rules of customary international law, as it is formed by practice. I was studied the hard and the soft techniques (methods) that applied by various institutions at the international law-making and its impact on the modality of the international legal norms.
Authors and Affiliations
Ю. В. МОВЧАН
Keywords
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