International legal order

• Main Authors: Constantin LAZARI, PhD in Public International Law, Constantin Constantin LAZARI, AML Specialist at the Bar Association of the Republic of Moldova
• Format: Article
• Language: English
• Published: Institute of International Relations of Moldova 2019-04-01
• Series: Relaţii Internaţionale Plus
• Online Access: http://irim.md/wp-content/uploads/2020/03/12-Lazari-eng.pdf

Along with the national legal order, the international legal order is conditioned and substantiated by the general principles of law recognized by the members of the international society. The contemporary international law system sensitizes the opinion of all nations on universal values: equality of states, freedom of peoples, unity and responsibility of states for the future of humanity, justice between peoples, etc. Public international law through its laws and principles, regulates the conduct of the states between them, establishing mutual rights and obligations. The object of regulation being international relations between states. In order to be regulated by the rules of international law, the international relations between the states must be relations in which they appear as holders of their sovereign power, their behavior in this field must be an expression of the state power on an external level. Public international law regulates not only the relations between states, but also the relations between states and other subjects of international law, such as international organizations (with certain limits), nations and peoples (at a certain stage of their evolution towards independence). The will of the states, materialized in their behavior at the international level, in their foreign policy, manifests itself in the context of the impact of different, objective and subjective, progressive and conservative factors. The process of forming a common will of the states, expressed in the principles and the norms of international law, is an arduous and difficult process, in which the contradictory interests of the states are often confronted. Thus, there is a normal connection between the formation of the norms of international law and the foreign policy of the states. In the manifestations of foreign policy of the states, the process of forming the common will, of the consensus, on the regulation of international relations in a certain way according to their interests is carried out. Therefore, interest is a dynamic factor in the process of forming the norms of international law. The greater the number of participating states in the process of forming the norms of international law, the more democratic the modalities of implementation, the more the norms in question will be expressed through their content closer to the interest of all participants, the more general the character, of universality of these provisions will be wider and, implicitly, their more rigorous application, thus contributing to the establishment of a stable international legal order. Developing international relations in which all states have equal opportunities for expression and conduct, which have the same effect in international life, would be capable of giving international law more substance and efficiency. Prospects for the evolution of international law towards a right of humanity includes: international “fact”, which is, in essence, a social relationship that hides a meaning given by the interests and values involved. Its range of significance may be smaller or greater, in this sense, disarmament, underdevelopment, environmental protection, etc. outlines areas of global interest, with long resonance; the assertion of a right of humanity - for example, for the protection of the heritage of humanity - is increasingly occurring, in areas not subject to the jurisdiction of the states and in the environment. The notion of “humanity” is not only present, expressing the community, the solidarity of the people, the persistence of their identity and the rivalries between them, adding to the international law a transtemporal dimension, targeting not only the past and present generations, but also the future ones. In these ways, the international law of the future should accentuate and develop, through concrete measures, planetary-scale goals that have not yet been achieved due to the lack of a common vision of the future by the states. Numerous destructions of human lives, cities, populations, which continue, put us in a position to endanger humanity in its genetic data and to survive or to promote human rights, through the achievement of the Rule of Law and the creation of a true international legal order for humanity. The rule of law contains three main constituent elements: legality, democracy and human rights, which are to be respected. Keywords: Public International Law, International Relations, International Legal Order, Principles of Law, Rule of Law / Rule of Law.