POLITICAL ASPECTS OF IMPLEMENTATION OF INTERNATIONAL LAW IN NATIONAL LEGISLATION OF THE UNITED STATES: FROM THEORY TO PRACTICE

• Main Authors: Mikhail A Burda, Ekaterina S Shevchenko
• Format: Article
• Language: English
• Published: Peoples’ Friendship University of Russia (RUDN University) 2019-12-01
• Series: RUDN Journal of Political Science
• Subjects: political processes; political systems; the USA; the United Nations; international legislation; implementation of international law; national legal system; political aspects of implementation
• Online Access: http://journals.rudn.ru/political-science/article/viewFile/21843/17288
• ISSN: 2313-1438; 2313-1446

One of the big-league participants in major international processes, the US government defines the current agenda of the modern world order, steers the vector of international relations development and affects the distribution of power on the global political arena. A supporter of the Non-Institutionalized Global Governance concept and the idea of Rule of Law, American administration demonstrates its own, specific understanding of the goals and course of action of modern international legislation. It seems to have its own insight on the nature and order of international organizations in regards to formulation and adoption of international law, the US role in determining the key features of global law enforcement, as well as the standards and principles of implementation of international law in the US federal legislation. Despite the recent tendency of the US government to roll back from participation in IO projects and revision of a number of agreements within the framework of interstate cooperation, the United States not only succeeds, one way or another, in guiding the trends of global political development, but also continues to have an impact on the interpretation and application of international law. The given article looks at the status of international law in the American legal system, focuses on the participation of the United States in proposition, discussion and adoption of conventions, declarations, agreements and other documents within the framework of the UN, and determines the main directions, according to which American jurisdiction implements international legal doctrines. The current research also brings a focus on specific issues, problems, relations, and contacts regulated at the international level but not implemented by the US federal legislation. The article analyzes political aspects of formulation and adoption of legal rules by American public administration, which are meant to supplement and specify the dominant principles of international sources of law.