SUPRANATIONAL NATURE OF EUROPEAN LAW AND HORIZONS OF NATIONAL LEGAL SYSTEMS' ACCULTURATION: THEORETICAL AND HISTORICAL ANALYSIS

被引:0
|
作者
Mandragelia, Volodymyr [1 ]
机构
[1] Natl Acad Publ Adm, Kiev, Ukraine
关键词
national law; international law; acculturation of European law; supranational law;
D O I
暂无
中图分类号
B [哲学、宗教];
学科分类号
01 ; 0101 ;
摘要
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 concept of "national monism" recognizes the primacy of national law, while the concept of "international 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.
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页码:171 / 178
页数:8
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