Boris I. Osminin
Institute of Legislation and Comparative Law under the Government of the Russian Federation, Moscow, Russia, firstname.lastname@example.org
Abstract. Recently published research focuses on foreign relations law and comparative international law. Foreign relations law and comparative international law, as well as fragmentation, convey a sense that international law, far from being uniform and universal, is more often contingent, local and to some degree inevitable various.
The term “foreign relations law” is used to encompass the domestic law of each nation that governs how that nation interacts with the rest of the world. The law governing these interactions can take a variety of forms, including constitutional law, statutory law, administrative regulations, and judicial decisions. Foreign relations law serves as a kind of filter for international legal norms.
Comparative international law utilizes insights and methods from comparative law in order to identify, analyze, and explain similarities and differences in how international law is understood, interpreted, applied, and approached by different national and international actors. A key result of the study is that international law is not international, let alone universal, as claimed. The comparative international law approach focuses on the subjective dimension of international law represented by the interpretations of its content by international lawyers. But international law has an objective dimension i.e. rules and principles agreed upon by states and consolidated in international treaties or norms of customary law. International law is a legal system. Most international legal norms are dispositive. This means that they may be modified as well as be set aside by special rule. Within these limits, a comparative international law approach can be useful. As for peremptory norms (jus cogens) from which no derogation is permitted, a comparative international law approach is not applicable here.
Keywords: international law, comparative law, foreign relations law, comparative international law, fragmentation, legal system, subjective dimension, objective dimension, dispositive norms, peremptory norms
For citation. Osminin B. I. International Law, Foreign Relations Law and a Conception “Comparative International Law”. Journal of Russian Law, 2021, vol. 25, no. 2, pp. 145—159. (In Russ.) DOI: 10.12737/jrl.2021.025
Full text in Russian