RECOMMENDATORY DOCUMENTS ADOPTED BY INTERNATIONAL ORGANIZATIONS THROUGH THE EFFECTS PRISM IN REPORT TO THE STATES MANDATORY OBLIGATIONS
RECOMMENDATORY DOCUMENTS ADOPTED BY INTERNATIONAL ORGANIZATIONS THROUGH THE EFFECTS PRISM IN REPORT TO THE STATES MANDATORY OBLIGATIONS

Summary/Abstract: The international normative system is one complex in which legal norms have a special role Practice shows, despite the fact the violation cases number or non-compliance with international law norms are increasing, however states and other international actors try to justify their actions through arguments based on international law But, such an approach can and should be seen as a recognition of the legal norms role and place within the international normative system The international law evolution and codification process clearly demonstrates the approach by states to the gradual recognition of the international law supremacy in the process of regulating international relations The states national “selfishness” characterized by the reluctance to delegate some sovereign rights to international law also left its mark on the process of creating international law norms However, the majority of international law norms remain to be recommendatory nature norms for states, the latter reserving the right to express themselves in relation to them through a form that characterizes national legal traditions The 20th century second half was characterized by the “forceful” codification of international law, including thanks to the efforts undertaken by the International Law Commission empowered by the UN General Assembly with the noble function The trends were such, if at the beginning international law was focused exclusively on the interests of states as primary and original subjects, gradually the international law, including being pressured by the international community is oriented towards an imperative approach to obligations with erga omnes character thus qualitatively transforming the character of international law norms from instruments into jus cogens norms.

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