Legal nature and signs of the international legal order

Characterizing the international legal order as an object of criminal law protection, it is possible to single out the following social relations that are under the protection of criminal law: 1) relations to ensure friendly relations between nations based on the principle of equality and self-determination of peoples; 2) relations to ensure the effectiveness of the prohibition of war as a means of state policy; 3) relations regarding international cooperation in the field of common interests of mankind. On the basis of the above, it can be concluded that the international legal order as an object of criminal law protection is a complex and multifaceted phenomenon that also encompasses the peace and security of mankind, although it is narrower in content than the international legal order as an international legal category. Based on the above, it can be concluded that the international legal order is a complex and multifaceted phenomenon that encompasses the principles of international legal personality and the international law-making process, international relations, international cooperation, human rights protection systems and means of resolving international disputes, as well as the principles international legal responsibility. In this context, the question arises as to whether all the specified aspects are covered by the international legal order as a category of international law, and by the international legal order as an object of criminal law protection. In particular, if we assume that the international legal order as a category of international law and as an object of criminal legal protection coincide in content, then in this case the international legal order will actually absorb other meaningfully related objects of criminal legal protection - the peace and security of humanity, which, as follows from the provisions of the UN Charter, are integral parts of the international legal order.

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Publication Details

Journal
Economics Finances Law
Published
2024-08-30
DOI
https://doi.org/10.37634/efp.2024.8.28
Primary Topic
International Law and Human Rights
Type
article
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article

Legal nature and signs of the international legal order

Олександр Юрійович Кеєр
Economics Finances Law
International Law and Human Rights
article

Legal nature and signs of the international legal order

Олександр Юрійович Кеєр
article en

Abstract

Characterizing the international legal order as an object of criminal law protection, it is possible to single out the following social relations that are under the protection of criminal law: 1) relations to ensure friendly relations between nations based on the principle of equality and self-determination of peoples; 2) relations to ensure the effectiveness of the prohibition of war as a means of state policy; 3) relations regarding international cooperation in the field of common interests of mankind. On the basis of the above, it can be concluded that the international legal order as an object of criminal law protection is a complex and multifaceted phenomenon that also encompasses the peace and security of mankind, although it is narrower in content than the international legal order as an international legal category. Based on the above, it can be concluded that the international legal order is a complex and multifaceted phenomenon that encompasses the principles of international legal personality and the international law-making process, international relations, international cooperation, human rights protection systems and means of resolving international disputes, as well as the principles international legal responsibility. In this context, the question arises as to whether all the specified aspects are covered by the international legal order as a category of international law, and by the international legal order as an object of criminal law protection. In particular, if we assume that the international legal order as a category of international law and as an object of criminal legal protection coincide in content, then in this case the international legal order will actually absorb other meaningfully related objects of criminal legal protection - the peace and security of humanity, which, as follows from the provisions of the UN Charter, are integral parts of the international legal order.

Economics Finances LawVol. 8/2024(-)
Kyiv University of Law (UA)
Openalex Percentile: Top 75%
International Law and Human Rights
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