INTERNATIONAL LAW: ESSENTIAL ASPECT

Abstract

The urgency of the study is determined by the necessity to cover those provisions that condition the essential aspect of international law and require a detailed and systematic study. It is indicated that the issue of determining the nature of international law involves the study of the following provisions: sovereignty and equality of states; sources of international law; subjects of international law; instrumental aspect (international law aims to regulate the behavior of states and other subjects of international relations, which is achieved through the establishment of principles and norms setting permissible behavior and establishing the duties and rights of subjects); solution of international disputes; and dynamic nature of international law. It is emphasized that a clear understanding of the specified aspects is the basis of the perception of international law and its essence. It is noted that the contractual nature of international law presupposes that international relations are regulated on the basis of concluded treaties. This provision is one of the fundamental ones in international law, conditioning the way of interaction of subjects of international relations in the global context. On the basis of contracts, obligations, rights and responsibilities of the participants of this contract are assumed. In general, the contractual nature of international law reflects the dynamics of relations between states, providing a means to resolve conflicts and jointly define standards of behavior in the global community. States have the right to determine their own policies and to decide whether to participate in treaties. They can freely choose which obligations to take on. Bringing state officials to international responsibility may have the following challenges: problems of establishing a specific official; problems of gathering evidence; jurisdictional problem; political aspect and cooperation; duration of the process. It is summarized that there are a number of provisions, the consideration of which is the basis of the international law essence cognition, allows to understand the nature of international law. Within the framework of social reality in Ukraine, the issue of studying the contractual nature of international law, the principle of sovereign equality of states, and international responsibility requires special attention. Understanding of these provisions is the basis for an adequate perception of certain aspects of the international law essence.