МЕЂУНАРОДНОПРАВНИ ПОРЕДАК У 21. ВИЈЕКУ: НЕКА ОД ТЕОРИЈСКИХ ПИТАЊА ОДНОСА ДРЖАВЕ И МЕЂУНАРОДНОГ ПРАВА
INTERNATIONAL LEGAL ORDER IN THE 21ST CENTURY: SOME OF THE THEORETICAL ISSUES OF STATE RELATIONS I INTERNATIONAL LAW

Summary/Abstract: In this paper, the author deals with the basic problems related to the definition, legal nature, structure and functioning of the international legal order with an emphasis on the current situation in the first decades of the 21st century. On the other hand, the ubiquitous coupling between internal (state) law and international law is analyzed as a normative part of the international legal order. Although the time frame of this work is set in the first decades of the 21st century, it was necessary to take into account both the era of classical and the era of modern international law. Namely, since the period of classical international law, and until today, there are academic debates about the character, origin, quality, shortcomings and limitations, and even the existence or non-existence of the international legal order. In this context, legal theory all the time, on the one hand, oscillates between ideal points of view, which are too similar to utopian constructions and realists of international life, on the other hand, establishing points of view according to which international law almost does not exist. The overriding goal of this paper is to determine and highlight certain features that are of great importance for the current situation within the international legal order. In the first place, it is about determining the basic elements of the international legal order, its position and relationship to the national legal order, as well as the perspective of further development, and the possibilities for overcoming the global crisis in the contemporary challenges that are present.

• Details
• Contents