THE IMPACT OF HUMAN RIGHTS LAW ON THE PROGRESSIVE DEVELOPMENT OF CONTEMPORARY INTERNATIONAL LAW. PART II

Abstract

Introduction. Human rights law has had a powerful influence on general international law. It sets the vector of the progressive development of general international law for decades to come. Under its influence the international community began to perceive and states started to implement national sovereignty in other way and the person acquired many characteristics of international personality. Classical international law began to emerge as the global transnational law largely due to the fact that Human rights law is the right of result, and also due to non-state, including international judicial, rulemaking, that has assigned to Human rights law selfdevelopment and constant adaptation to the changing needs of social and moral evolution of society.Materials and methods. Materials used for the analysis include legal works of Russian and foreign researchers in the field of international Human rights law as well as multinational treaties in the sphere of Human rights protection, decisions of UN treaty bodies and judgments of the European Court of Human Rights. Methodological procedures of the research include general and specific scientific methods of enquiry (dialectical method, methods of analysis and synthesis, deduction, induction, comparative-legal and historical-legal methods).Research results. At some point, many states have ceased to encourage the international judicial activism, for example, the United Kingdom, France, Germany, the countries of Eastern Europe and, last but not least, the Russian Federation. Now international judicial rulemaking is accused of limiting freedom of national discretion in struggle against the recent crisis experienced by society due to increased terrorist threats, weakening of international competitiveness, influx of illegal migrants and refugees. In addition, a number of controversial legal positions promoted by international judicial bodies also met opposition.Discussion and conclusions. The authors see the possibility to eliminate the growing extremely dangerous and harmful conflict between the states and international judicial bodies in strict adherence to the latest requirements of subsidiarity, restraint, neutrality and political impartiality and in that the international judicial bodies should focus mainly on search for a reasonable and generally acceptable balance between the interests of the individual and society, the individual and the state and between individual rights of different types.

Keywords

• international human rights law
• general international law
• judicial law-making
• un treaty bodies
• the european court of human rights (echr)
• subsidiarity