Chinese Journal of International Law Advance Access originally published online on October 2, 2009
Chinese Journal of International Law 2009 8(3):695-714; doi:10.1093/chinesejil/jmp023
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© The Author 2009. Published by Oxford University Press. All rights reserved
DEVELOPMENT AND HISTORY |
On the Recent Development of International Law: Some Russian Perspectives
Correspondence: * Sergei Yu. Marochkin, Doctor of Juridical Sciences, Professor, Honoured Jurist of the Russian Federation (awarded by the President of the Russian Federation). Member of the Executive Committee of the Russian Association of International Law and member of the European Community of International Law. Director of the Institute of Continuing Professional Education, Tyumen State University, The City of Tyumen, Russia (email: mar{at}utmn.ru). This article was completed on 7 April 2009.
There are some new features and new trends in the development of international law at the beginning of the new century and new millennium. The relatively short historical period of 60 years since the end of World War II caused nonetheless a change in the look of international law and of its role in the life of society. The present article touches upon the most important changes and characteristics of contemporary international law regarding three aspects, namely the Russian theory of international law, the official Russian position and the relations of the internal legal system towards international law. It addresses several important issues: the growth and expansion of the legal foundation of the life of the international community; the strengthened role of law in international relations; the change of correlation between coordinating and subordinating principles; the development of international procedural law, general international law and jus cogens; the strengthened need for dynamism in norm-formation; the growth of the "presence" and functioning of international law within domestic jurisdictions; the change in the relations between the fundamental principles; and the humanization of international law. Two other issues which are still related to these trends are also covered by the article: the problem of the "myths" of international law and the threat of its fragmentation.