Rule of law Principle in International Legal Order: Theoretical and Practical Aspects
DOI:
https://doi.org/10.21564/2414-990X.168.325103Keywords:
rule of law, international legal order, definition, particularizationAbstract
Revealing the essence of the rule of law in international legal order as a fundamental principle and legal ideal constitutes the relevance of this work. The article depicts the main views of legal scientists towards the problem of implementation of the rule of law as a normative principle of functioning of international legal system. The goal of the article is to reveal the essence of the rule of law in its international legal form. The dialectical method has been used throughout the research in order to outline the evolutionary character of rule of law principle’s development in international law. With the use of formal legal method the structure and character of international legal norms concerning the implementation of the rule of law into the international legal practice have been analyzed. The state of legal regulation of rule of law in universal and regional international legal orders has been evaluated. The doctrinal propositions concerning rule of law definition in international law context have been compared, practical and theoretical problems and prospects of further progressive development of international law in this sphere have been summarized. The pluralistic nature of modern international legal science in relation to the rule of law, formulation of its definition and defining its structure have been stressed. As a result of the research, major drawbacks of international legal system in the aspect of rule of law legal nature particularization have been pointed out, specifically the politicization of this principle and the surface nature of its review by the subjects of international law.
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