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Law and Politics
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Ruvinskiy, R.Z. 9 theses on modern war and transformation of the international legal order

Abstract: Based upon the analysis of the recent events in Libya, Syria, and Ukraine the author views the changes in the system of the modern international legal order. Special attention is paid to the issues of transformation of the state sovereignty, changes in the form and character of the modern war, outdating and weakening of the nation-state, growing role of the NGOs in the national and international legal relations, as well as to the problems of preservation of international law as an authoritative system for the regulation of relations in the global arena. The author studies the role of destructive methods and imperialistic interests of certain states in the modern political processes. The general methodological basis for the study is of materialistic and dialectic character, it is manifested by the wish to deal with the political and legal events in their development and mutual connections, turning to their economic fundamentals. In the process of research for this article the author employed problem-categorical approach, allowing to single out the most important elements of the matters, which were studied, he also involved systemic approach, method of analysis and the method of historical political interpretation as a specialized legal method. The article raises the issues, which were not previously objects of complex studies in the framework of Russian political and legal sciences. The study develops the ideas of the leading representatives of the modern foreign political and legal sciences. The author draws a conclusion on the current processes of destruction (fragmenting) of the national legal orders and transformation of the international legal order, pushing the states to the side of this order, making the war between the states the “global civil war”, making public interests (reflecting common interests, interests of a community as a totality) follow the private interests of small social groups. The author establishes the need for the governments of the modern states to support national interests of their states without turning to look at the opinion of the global establishment. The author also supposes that it is possible that several power poles may form within the framework of the new international legal order.


Keywords:

Failed states, international law, nation state, civil war, legal order, sovereignty, shadow law, legitimacy, crisis, imperialism.


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This article written in Russian. You can find original text of the article here .
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