Supranational Nature of European Law and Horizons of National Legal Systems’ Acculturation: Theoretical and Historical Analysis

Abstract

We consider several doctrines interrelation of national and international law, the top of which are dualistic concept, and the concept of national and international monism. The first doctrine is based on the comparison of dialectical understanding of international and domestic law. The con- cept of “national monism” recognizes the primacy of national law, while the concept of “internation- al monism” is doing in opposite way. The most European countries confessed “monism with primacy of international law.” However, the comparative analysis of different understanding of general principles of private law in the context of the main cultural and legal traditions demonstrates the need “approach to law as a cultural phenomenon”. It updates the legal acculturation of European law, which should be understood as a process of Europeanisation of law. We can assert that private international law in its modern sense gradually, but finally “dies”, and to replace him “born” the new, globalized, supranational law. Archetype of this law is the law of the European Union.

Keywords

• national law
• international law
• acculturation of European law
• supranational law