GENERAL PRINCIPLES OF INTERNATIONAL LAW AND INTERNATIONAL ORGANIZATIONS FOR SOCIAL SECURITY Cover Image

ОПШТА НАЧЕЛА МЕЂУНАРОДНОГ ПРАВА И ЂЕЛОВАЊЕ МЕЂУНАРОДНИХ ОРГАНИЗАЦИЈА ЗА СОЦИЈАЛНУ СИГУРНОСТ
GENERAL PRINCIPLES OF INTERNATIONAL LAW AND INTERNATIONAL ORGANIZATIONS FOR SOCIAL SECURITY

Author(s): Igor Davidović
Subject(s): Law, Constitution, Jurisprudence, Civil Law, International Law, Administrative Law
Published by: Правни факултет Универзитета у Бањој Луци
Keywords: legal principles; international organizations; normative function; social security;

Summary/Abstract: The dynamics of the development of the positive legal instruments of the international law system in the last decades is reflected in very significant changes in the content, structure, legal characteristics and ideological and value-unifying components of legal principles, rules and institutes. The objective knowledge of the qualitative values of those changes is motivated by the need to include in the discussion about developmental changes of the integral system of the international social legal order the contribution, that is, the tasks of the bearers of its construction and practical application. Although it is extremely difficult to make a definitive assessment of processes that only crystallize as phenomena or tendencies, it is quite certain that scientific research is impossible to conduct without valorizing the role and contribution that these phenomena give or have already had in determining the dominant characteristics of international law. We highlight this primarily because it is quite clear that the factors in question significantly affect the success or at least a strong incentive to establish a general education international order. The topic itself raises many questions, among which we highlight the following. First of all, it is a question of the concept, that is, of the nature of general legal principles, whereby the structure, content, value and obligation of the specified provisions are analyzed as the primary object of observation and explanation. However, as an unavoidable preliminary assumption of the questions raised, it is regularly necessary to analyze the form of application of the concrete principle, in legal systems, in order to determine the realization of a kind of universality as an essential characteristic of an integral legal principle. In other words, the double benefit of the knowledge obtained by the presented procedure is immediately noticeable in the normative examination of the elements of the legal order on the one hand, or for practical operationalization during the axiological-legal analysis of the order on the other hand.

  • Issue Year: 2016
  • Issue No: 38
  • Page Range: 151-172
  • Page Count: 21
  • Language: Serbian