International legal policy of a state. Modern concepts

Abstract

The article examines the phenomenon of the international legal policy of state, which has been conceptually developed in the French legal doctrine. According to the classical concept of the present phenomenon, each state seeks to contribute to the content of international legal norms by participating in the coordination of wills of states in different ways. To promote and assert its position on existing and nascent international legal norms, the state constructs a policy, which guides its international legal practice. However, the conduct of an individual international legal policy raises questions, including critical ones. Interpretation of the role of international legal policy as a simple legal justification for politically motivated decisions leads to the "instrumental" concept of international legal policy. However, in the classical concept, the consideration of international law as an instrument of the state's foreign policy is not acceptable and, moreover, contradicts the very objective of international legal policy – legitimation. The achievement of this purpose is subject to the principle of the rule of international law in international relations. In its turn the instrumental understanding of the international legal policy allows for departures from the existing international law and thereby contributes to international legal destabilization. In this context, the article shows that being flexible the international law develops with the changing interests of states on the international arena on the background of various interstate relations, while the international law’s flexibility is considered as an essential prerequisite for its development. and tasks of states in the international arena. During the development of new norms of international law, the conduct by the state of a competent, active international legal policy, even if its partners do not agree with it, does not per se prejudice the foundations of international law. On the contrary, the policy aimed at its adjustment is a conditio sine qua non for the maintenance of international legal order, its evolutionary adaptation to changing international relations, other challenges of our time. Thuswise the concept of international legal policy allows us to reconsider the competition of multi-vector international legal «manoeuvers" of states.