Legal Systems Interaction and Overcoming Conflict of Law in Integration Associations of Different Types
Annotation
The article considers the common features and peculiarities of interaction of legal systems in integration associations of various types. The international treaty (conventional) form of unification of law is a universal form of creation of uniform legal regulation. At the same time, for integration associations of supranational type it is typical to use the supranational form of creation of uniform legal regulation through decision-making by bodies of the integration association. The use of the form of international model regulation is widespread in integration associations of the interstate type of cooperation. Convergence of law in integration associations of a new type (BRICS) is carried out mainly on the basis of soft law. Consideration of conflicts of legal norms in relation to integration associations of various types shows their relationship with the norms of international, integration (supranational) and national law. The author notes that the study of conflicts of legal norms in the light of interaction of legal systems within the framework of integration associations can contribute to a comprehensive consideration of various types of legal collisions and ways to overcome them. The article proposes a classification of conflicts of legal norms depending on the legal norm’s belonging to a particular legal system: conflicts of norms of international and national law; conflicts of norms of international and integration law; conflicts of norms of integration and national law; conflicts of norms of different integration legal orders. The article points out the advisability of continuing the study of various forms of interaction between legal regulators in the space of an integration association in the context of the emergence of new forms of integration cooperation.
Keywords
| Type | Article |
| Information | Law Between East and West № 04/2024 |
| Pages | 11-20 |
