The influence of globalization and integrated processes on interaction of norms of international and national law
Journal Title: Правова позиція - Year 2018, Vol 2, Issue
Abstract
The article investigates modern forms of influence of the norms of international law on national law. Models of correlation of norms of international and national law in the national legal system are considered. The collision of norms in international and national law is analyzed. The influence of international law on the national through the mechanisms of coordination and implementation is revealed. Under conditions of globalization, international law poses a number of new challenges, the solution of which requires the application of new methods and approaches in relations between States and international organizations. Solving these problems requires, first and foremost, further legal integration in various spheres of public life, which causes the activation of the interconnection and interdependence of legal systems in general and legal norms, in particular. Consequently, the problem of understanding the specificity of the relationship between the norms of international and national law, their interaction requires theoretical support, the development of relevant scientific guidelines, concepts, legal concepts and categories. The issue of correlation between international and national law was considered mainly in the area of international law. The general theoretical aspect of the studied problem remained almost beyond the attention of scientists. In this regard, the general theoretical study of the problem of the correlation of the norms of international and national law becomes especially relevant for the national legal system of Ukraine, since the effectiveness of its functioning is largely determined by its integration into the world of economic, political and legal processes. Thus, at the present stage of the existence of Ukrainian society, in the period of the formation and development of the rule of law, the formation of a civil society, the development of globalization and integration processes, the need for a comprehensive scientific study of the correlation of the norms of international and national law is found.
Authors and Affiliations
Ю. П. Богомол
Keywords
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