PROBLEMS OF THE DEVELOPMENT OF THE CONCEPT OF INTERNATIONAL LEGAL POLICY OF STATE

Year: 
2024

Article:

Issue: 
3

UDC: 
342
DOI: 
10.34076/22196838_2024_3_5
Author(s): 

Magomedova Olga 

Analyst, All-Russian Academy of Foreign Trade under the Ministry of Economic Development of the Russian Federation (Moscow), candidate of legal sciences, ORCID: 0000-0003-0593-3101, e-mail: olga.magomedova.96@mail.ru

Author(s): 
Magomedova Olga
Abstract: 

Published research works usually present achieved results and tested paths to them. But in search for this right way researchers inevitably discover dead-end paths that remain unknown to the audience. This is a reasonable approach to the development of disciplinary knowledge. But if a new idea is introduced into the discipline and requires further development, it is worthwhile to make an exception to this rule and to highlight false ways of reasoning in the development of certain theses. Nowadays Russian international lawyers are addressing the concept of international legal policy of state, formulated in the French scholarship and advanced by foreign researchers. In order to support the further development of the concept on the foundation of the Russian theory of international law, this article highlights main obstacles and traps for researchers. The article highlights the problem of limited data sources for the analysis of international legal policies of states as consistent argumentative strategies; examines the nuances of the retrospective analysis of international legal policies of states; provides review of some theses of the concept and pitfalls in their interpretation. The article explains importance of systematization of international legal practice of states in the context of the problem of schematization of international legal arguments of states.

Key words: 

international legal policy, theory of international law, international legal norms, coordination of sovereign wills, national interests, legitimacy

For citation: 

Magomedova O. S. (2024) Problems of the development of the concept of international legal policy of state. In Elektronnoe prilozhenie k «Rossiiskomu yuridicheskomu zhurnalu», no. 3, pp. 5–17, DOI: https://doi.org/10.34076/22196838_2024_3_5.

Text of the article: 

Publication date: 
Monday, 26.08.2024

English