THE NATURE OF THE INTERNATIONAL LAW SYSTEM ANDITS SYSTEMIC CONSEQUENCES

摘要

INTERNATIONAL LAW IS A SYSTEM. DEPENDING ON THE TYPE OF SYSTEM, VARIOUS MANIFESTATIONSAND CONSEQUENCES MAY APPEAR. POSITIVISM, ALTHOUGH ITS SCOPE IS ENSURING THEPREDICTABILITY OF NORMS AND THE SECURITY OF THE LEGAL RELATIONS BETWEEN SUBJECTS OFLAW, SHIFTS THE ATTENTION FROM SYSTEM ANALYSIS TO THE CONSEQUENCE OF THE SYSTEM. AQUESTION THAT NEEDS TO BE PUT FORWARD IN THIS CONTEXT IS “WHAT MAKES THE INTERNATIONALLAW SYSTEM ROBUST?” THIS ARTICLE AIMS TO SHIFT THE PERSPECTIVE FROM CONSEQUENCEANALYSIS GENERATED BY THE POSITIVIST MOVEMENT, TO SYSTEM ANALYSIS OF INTERNATIONAL LAW,AND EXPLORE SOME MAIN CHARACTERISTICS OF SYSTEMS THAT MIGHT HELP ONE UNDERSTAND WHATARE THE COMPONENTS OF THE SYSTEM THAT MAKE IT ROBUST.