Normative acts of international organizations as a source of private international law

The article examines various legal acts adopted by international organizations in the system of regulating private law relations with a foreign element. The purpose of the article is to identify the features of such normative acts and to substantiate their recognition as an independent source of private international law. Under performing the research, both general scientific methods of cognition (induction and deduction, abstraction, analysis, synthesis, etc.) and special legal methods (formal legal, historical legal, etc.) have been used. It is concluded that for the purpose of making normative acts of international organizations binding and applying to private law relations, they should be included into the Russian legal system in accordance with the domestic order to be adopted by the federal legislator on the basis of the state sovereignty and the supremacy of the Constitution of the Russian Federation, including the establishment of grounds for refusal to apply particular rules of international law as an exception. The priority of normative acts of international organizations over Russian laws is argued to happen in case of the ratification or adoption of another federal law introducing them into the domestic legal system, including when it is performed in relation to the international treaty providing for the mandatory application of legal acts (decisions) of the appropriate international organization.

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Publication Details

Journal
Siberian Law Herald
Published
2025-01-01
DOI
https://doi.org/10.26516/2071-8136.2025.2.138
Primary Topic
Conflict of Laws and Jurisdiction
Type
article
Field-Weighted Citation Impact
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article

Normative acts of international organizations as a source of private international law

Valeriy Lisitsa
Siberian Law Herald
Conflict of Laws and Jurisdiction
article

Normative acts of international organizations as a source of private international law

Valeriy Lisitsa
article en

Abstract

The article examines various legal acts adopted by international organizations in the system of regulating private law relations with a foreign element. The purpose of the article is to identify the features of such normative acts and to substantiate their recognition as an independent source of private international law. Under performing the research, both general scientific methods of cognition (induction and deduction, abstraction, analysis, synthesis, etc.) and special legal methods (formal legal, historical legal, etc.) have been used. It is concluded that for the purpose of making normative acts of international organizations binding and applying to private law relations, they should be included into the Russian legal system in accordance with the domestic order to be adopted by the federal legislator on the basis of the state sovereignty and the supremacy of the Constitution of the Russian Federation, including the establishment of grounds for refusal to apply particular rules of international law as an exception. The priority of normative acts of international organizations over Russian laws is argued to happen in case of the ratification or adoption of another federal law introducing them into the domestic legal system, including when it is performed in relation to the international treaty providing for the mandatory application of legal acts (decisions) of the appropriate international organization.

Siberian Law HeraldVol. 2
Openalex Percentile: Top 79%
Conflict of Laws and Jurisdiction
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