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2024
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ANTINOMIES
Until 01.01.2019 - Scientific Yearbook of the Institute of Philosophy and Law of the Ural Branch of the Russian Academy of Sciences

ISSN 2686-7206 (Print)

ISSN 2686-925X (Оnlinе)

Kudinov Alexey

Abstract: The paper represents an attempt of systematic description of the natural law concept of international law. The essence of natural law principles of the international legal order is analyzed. The author's vision of the modern theory of natural law and its application to international law is presented. The meaning of natural law as one of the main determinants of positive international law directly and indirectly governs its functioning and development is revealed. The author concludes that natural law exists objectively, and the critic of natural law is ungrounded. The classification of natural legal values is proposed. The primary value of natural law due to natural settings of human being and social need is the maintenance of the existence and development of the humankind. Values of the second level are immutable, unconditional basis of society. They are worked out by the society and are not based on the natural environment. They include principles of peace and security. From the historical perspective, the third level is less stable, and, in contrast to other two levels, may vary in the process of social development. The groups of international legal rules, which have genetic link with natural law such as principles of international law, jus cogens norms, and general principles of law recognized by civilized nations are determined.

Keywords: international law; philosophy of international law; natural law; legal determinant; source of lawmaking; positive law.

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