Implementation of international law: conceptual approaches and the need for modernization

The article is devoted to the analysis of conceptual approaches to the implementation of international law, substantiation of the expediency of their modernization in the direction of the development of theory and practice in the present conditions. The methodological basis of the study is marked by the pluralism of the methods and approaches used (epistemological, praxeological, phenomenological, anthropological, comparative, integrative, systemic approaches; methods of generalization, forecasting, strategizing, legal semiotics, historical, comparative etc.), contributing to a proper understanding of existing concepts, ideas, theories in international and national law, doctrinal approaches and conceptual foundations of the phenomenon of implementation, of norms and principles of international law, standards and obligations in particular. The dynamics of the system of international legal regulation, international lawmaking and law enforcement are noted, as well as active changes in the system of their object-subject characteristics, the spread of new phenomena and processes, including digital tools used in peacetime and during armed conflicts, give grounds to argue about the expediency of modernizing the forms of implementation of international law, the ways of its interaction with national and supranational law. Attention is drawn to the achievements or certain developments, and significant problems, shortcomings on this path, in particular, these are problems of theoretical or conceptual nature, associated with the lack of unified approaches to understanding the concept, nature and substantive features of the phenomenon of implementation. Such unification is absent in doctrinal sources, as well as in international legal and national regulatory legal acts. The analysis carried out allows us to identify the most common use of the concepts of implementation of international law, of norms and principles of international law, of international legal or international obligations, of international legal standards etc. The basic category of implementation itself has various meanings, narrow and broad meanings, and differentiated substantive and spatial features. It is considered optimal to clarify this concept, especially in the context of fulfilling obligations regarding EU membership, determining a national model of implementation of international law, modernizing sectoral implementation processes (IHL, ICC etc.), harmonizing international, national and supranational legal orders. The correct and proper implementation of implementation procedures in the processes of state formation and lawmaking, national and international judicial and other law enforcement practices depends on this. Relevant further directions of scientific research and discussions in this area are identified.

international law; norms and principles; implementation; concept; scientific approaches; realization; standards; obligations; international lawmaking; national model; national law; interpretation.