Scientific and Doctrinal Views on the Problem of Gaps in International Law and the Criteria for Gaps
- Authors: Nikiforov S.V.1
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Affiliations:
- All-Russian Academy of Foreign Trade of the Ministry of Economic Development of the Russian Federation
- Issue: Vol 15, No 3 (2022)
- Pages: 299-302
- Section: Articles
- URL: https://journals.eco-vector.com/2072-3164/article/view/531738
- ID: 531738
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Abstract
The purpose and objectives of writing the article are to analyze the existing scientific and doctrinal views on the problem of gaps in international law and the criteria for gaps. Methodological approach. The work uses general scientific methods, in particular analysis and comparison, as well as methods of legal interpretation. Results and conclusions. The article examines the nature of the gap, concludes about the reasons for the appearance of gaps, suggests the grounds and criteria for classifying gaps, ways to fill them.. The originality and value of the work lies in the identification and development of the classification of gaps according to the degree of gap in different gaps according to the following criteria: the place of the gap in the international legal system, the "volume" of the gap, the number of subjects of international law affected by this gap, and the method of filling the gap.
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About the authors
Svyatoslav Vadimovich Nikiforov
All-Russian Academy of Foreign Trade of the Ministry of Economic Development of the Russian Federation
Email: ursus-arktos@yandex.ru
postgraduate student of the Department of International Law Moscow, Russia
References
- Convention on International Liability for Damage Caused by Space Objects, 1971 - URL: http://www.un.org/ru/documents/decl_conv/conventions/damage.shtml.
- UN Convention on the Law of the Sea, 1982. - URL: http://www.un.org/depts/los/convention_agreements/texts/unclos/unclos_r.pdf.
- Lazarev, V. V. Gaps in law and ways to eliminate them: [monograph] / V. V. Lazarev. - Repr. ed. - Moscow : Norma : INFRA-M, 2019. - 183 p.
- Likhachev, V.N. Gaps in modern international law: (Theory. and the methodol. aspects) : Dis. on the job. learned. step. Dr. yurid. Sciences : (12.00.10) / Academy of Sciences of the Ukrainian SSR. Institute of State and Law. - Kiev : B. I., 1990. - 52 p. - Bibliogr.: pp. 48-52 (29 titles).
- Ovsepyan Zh.I. "Gaps and defects as categories of constitutional law"// Constitutional and municipal law. - 2007. - No. 15. - pp. 10-11.
- Petrov A.A., Tikhonravov E.Yu. Gaps and collisions in law: educational and scientific-practical manual / A. A. Petrov, E. Yu. Tikhonravov. - Moscow : Prospect, 2017. - 80 p.
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