AN INTERDISCLINARY APPROACH TO THE CONCEPT OF “INTERNATIONAL STANDART” IN THE MODERN THEORY OF INTERNATIONAL LAW

Аннотация

The article analyzes the concept of an international standard, its content, application and legal force. The concept of international legal standards in the field of human rights has been studied in the theory and practice of international law enforcement. In comparative terms, the definitions given by foreign scientists to the concept of an international standard are analyzed. International documents address the issue of social responsibility. When studying the topic, the author also puts forward theoretical conclusions and practical proposals based on an interdisciplinary approach. KEYWORDS: International standard, international legal standard, international human rights standards, principles, social responsibility, “principle-methods”, “principle-standards”, standardization, interdisciplinary approach. INTRODUCTION trade law, international labor law, international criminal law and other The concept of an “international standard” is standards. used in various areas of economics, trade, finance, law, ecology and others. Works on The concept of international legal standards in standards have been studied in the literature the field of human rights is not always defined and sources in various fields. However, in the in the same way in the theory and practice of legal sphere there are different areas of international law enforcement. In some cases, human rights and international public law: various norms of international law in the field international economic law, international of human rights and freedoms are recognized “AN INTERDISCLINARY APPROACH TO THE CONCEPT OF “INTERNATIONAL STANDART” IN THE MODERN THEORY OF INTERNATIONAL LAW” P age 44 | 7 as international standards. These norms (intentionally), that is, outside of legal norms include international treaties, decisions of and instructions, the discrimination of these international organizations, rules of political rights (the discrimination of the rights and agreements (The Final Act of the Conference freedoms of people and citizens provided for on Security and Co-operation in Europe (1) of in the “norm”) has certain international legal 1975), international customs. The Final Act of consequences, which is considered a violation the Conference on Security and Co-operation of the international standard. in Europe is often called as the Helsinki Act. Thus, international standards of human rights A “European” interpretation of international and freedoms began to be understood as the legal standards in the field of human rights by minimum rights of certain categories of Russian scientists S.A. Gorshkova. He believes persons, for example, children, women, those that such standards “should recognize the detained in penal institutions, persons legal norms and case law of conventions responsible for maintaining legality. These created on the basis of decisions of the include the Universal Declaration of Human European Court of Justice and the Human Rights adopted in 1948 and also two Rights Council” (2). universally important documents of 1966 – the International Covenant (Pact) on Civil and THE MAIN FINDINGS AND RESULTS Political Rights and the International Covenant In general, the word “standard” is taken from (Pact) on Economic, Social and Cultural Rights. the English standard – a sample, criterion, International standards on human rights, as model, as a starting point for comparison with part of the general system of human rights other similar objects. The interpretation of protection, are distinguished by a number of international legal standards in the field of features. One of them are their functions. The human rights is more consistent with the main functions of international human rights correct interpretation as a normative standards are: minimum, because according to it, the necessary and sufficient level of regulation of firstly, establishing a list of basic and the rights and freedoms of people and citizens mandatory rights and freedoms for all by the state, as well as the exceeding of these countries that are parties to pacts and rights and freedoms in this situation or conventions; determining the minimum level determines secondly, formation of the main features of that it will be implemented with legally rights and freedoms that should be reflected impermissible restrictions. in the Constitution and other regulatory legal In other words, the standards are usually documents at the national level (within the expressed in the form of conventions, state); declarations, recommendations, principles, thirdly, to determine the obligations of the rules, are minimum international legal norms, states to recognize and ensure the declared and their recipient is the whole world rights and freedoms and to include the community or a group of member states of a necessary guarantees that ensure their (rights particular international organization. and freedoms) reality at the international In addition, if the minimum of such norms, its level; content is carried