Ratio of Legal Systems. Part 1. “Traditional” Doctrines on the Ratio of International and National Law (Summary)

Different approaches to the ratio of legal systems have been expressed by numerous authors during the entire period of the existence of international law, beginning with the period of its formation, but they were initially formalized in the form of “traditional” fundamental theoretical concepts and...

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Main Author: B. I. Nefedov
Format: Article
Language:English
Published: Moscow State Institute of International Relations (MGIMO) 2013-09-01
Series:Московский журнал международного права
Subjects:
Online Access:https://www.mjil.ru/jour/article/view/438
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spelling doaj-58e412da52f042ddae7823f270055dd52021-07-13T08:25:28ZengMoscow State Institute of International Relations (MGIMO)Московский журнал международного права0869-00492619-08932013-09-01031931384Ratio of Legal Systems. Part 1. “Traditional” Doctrines on the Ratio of International and National Law (Summary)B. I. Nefedov0Omsk Academy of LawDifferent approaches to the ratio of legal systems have been expressed by numerous authors during the entire period of the existence of international law, beginning with the period of its formation, but they were initially formalized in the form of “traditional” fundamental theoretical concepts and doctrines in the middle of the twentieth century, and only in the USSR. The very appearance of the relevant theoretical formations and the evolution of ideas about them later on, were caused by the existing level of development of social relations, as well as changes in the social and political system and the true interests of our government in the specific historical conditions.Thus, the pre-revolutionary Russian authors of the late XIX – early XX century were mostly supporters of the dualistic approach, but after the establishment of the Soviet Union and until the mid-50’s of the twentieth century, during the ratio of international and domestic law actually dominated the state-monistic approach, although technically it was not officially expressed at the time. Since the mid 50’s of the previous century the Soviet doctrine again moved to the position of dualism. It was during this period, that in the domestic doctrine a formalization of “traditional” fundamental theoretical concepts of different views on the relation of international and domestic law were created. In this case, there were not three-, as is commonly believed, but four concepts – three bourgeois (two monistic and dualistic) and a Soviet.https://www.mjil.ru/jour/article/view/438the ratio of international and domestic lawmonistic conceptdualistic conceptthe soviet concept
collection DOAJ
language English
format Article
sources DOAJ
author B. I. Nefedov
spellingShingle B. I. Nefedov
Ratio of Legal Systems. Part 1. “Traditional” Doctrines on the Ratio of International and National Law (Summary)
Московский журнал международного права
the ratio of international and domestic law
monistic concept
dualistic concept
the soviet concept
author_facet B. I. Nefedov
author_sort B. I. Nefedov
title Ratio of Legal Systems. Part 1. “Traditional” Doctrines on the Ratio of International and National Law (Summary)
title_short Ratio of Legal Systems. Part 1. “Traditional” Doctrines on the Ratio of International and National Law (Summary)
title_full Ratio of Legal Systems. Part 1. “Traditional” Doctrines on the Ratio of International and National Law (Summary)
title_fullStr Ratio of Legal Systems. Part 1. “Traditional” Doctrines on the Ratio of International and National Law (Summary)
title_full_unstemmed Ratio of Legal Systems. Part 1. “Traditional” Doctrines on the Ratio of International and National Law (Summary)
title_sort ratio of legal systems. part 1. “traditional” doctrines on the ratio of international and national law (summary)
publisher Moscow State Institute of International Relations (MGIMO)
series Московский журнал международного права
issn 0869-0049
2619-0893
publishDate 2013-09-01
description Different approaches to the ratio of legal systems have been expressed by numerous authors during the entire period of the existence of international law, beginning with the period of its formation, but they were initially formalized in the form of “traditional” fundamental theoretical concepts and doctrines in the middle of the twentieth century, and only in the USSR. The very appearance of the relevant theoretical formations and the evolution of ideas about them later on, were caused by the existing level of development of social relations, as well as changes in the social and political system and the true interests of our government in the specific historical conditions.Thus, the pre-revolutionary Russian authors of the late XIX – early XX century were mostly supporters of the dualistic approach, but after the establishment of the Soviet Union and until the mid-50’s of the twentieth century, during the ratio of international and domestic law actually dominated the state-monistic approach, although technically it was not officially expressed at the time. Since the mid 50’s of the previous century the Soviet doctrine again moved to the position of dualism. It was during this period, that in the domestic doctrine a formalization of “traditional” fundamental theoretical concepts of different views on the relation of international and domestic law were created. In this case, there were not three-, as is commonly believed, but four concepts – three bourgeois (two monistic and dualistic) and a Soviet.
topic the ratio of international and domestic law
monistic concept
dualistic concept
the soviet concept
url https://www.mjil.ru/jour/article/view/438
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