TY - JOUR

T1 - Crisis of the international legal system: Concept, features, classification

AU - Дорская, Александра Андреевна

AU - Дорский, Андрей Юрьевич

AU - Петрова, Наталья Дмитриевна

PY - 2024/1/1

Y1 - 2024/1/1

N2 - The article performs a comprehensive analysis of the notion of the “crisis of the international legal system”. It has been demonstrated that the issue of crisis phenomena in international law holds a distinct position in the field of international legal science. Various approaches have been identified for studying this subject, encompassing both the theory of state and law as well as international law. Based on historical examples of the Westphalian, Versailles-Washington systems, as well as the United Nations system, such signs of a crisis of the international legal system are identified, as the degradation of the core principles that underpin the international legal system, the consistent disregard exhibited by the subjects of international law towards the principles and norms they previously established through consensus, the exclusion of key actors from the international legal system, the lack of a system of boundary agreements, the discrepancy between the evolving practical relations and the international legal regulations, the failure of subjects of international law to engage with international justice bodies during disputes, or the infrequent use of peaceful resolution methods for international conflicts, as well as attempts not to comply with the decision of the international court. The authors have coined the definition of a crisis of the international legal system. A classification of crises of the international legal system has been developed, containing examples from various stages of the development of international relations.

AB - The article performs a comprehensive analysis of the notion of the “crisis of the international legal system”. It has been demonstrated that the issue of crisis phenomena in international law holds a distinct position in the field of international legal science. Various approaches have been identified for studying this subject, encompassing both the theory of state and law as well as international law. Based on historical examples of the Westphalian, Versailles-Washington systems, as well as the United Nations system, such signs of a crisis of the international legal system are identified, as the degradation of the core principles that underpin the international legal system, the consistent disregard exhibited by the subjects of international law towards the principles and norms they previously established through consensus, the exclusion of key actors from the international legal system, the lack of a system of boundary agreements, the discrepancy between the evolving practical relations and the international legal regulations, the failure of subjects of international law to engage with international justice bodies during disputes, or the infrequent use of peaceful resolution methods for international conflicts, as well as attempts not to comply with the decision of the international court. The authors have coined the definition of a crisis of the international legal system. A classification of crises of the international legal system has been developed, containing examples from various stages of the development of international relations.

KW - United Nations

KW - Versailles system

KW - Westphalian system

KW - crisis

KW - international legal system

KW - principles of international law

KW - signs of crisis

UR - https://www.mendeley.com/catalogue/678656b3-83a1-3285-996b-cd15efa40aa4/

U2 - 10.21638/spbu14.2024.114

DO - 10.21638/spbu14.2024.114

M3 - Article

VL - 15

SP - 225

EP - 234

JO - ВЕСТНИК САНКТ-ПЕТЕРБУРГСКОГО УНИВЕРСИТЕТА. ПРАВО

JF - ВЕСТНИК САНКТ-ПЕТЕРБУРГСКОГО УНИВЕРСИТЕТА. ПРАВО

SN - 2074-1243

IS - 1

ER -