THE PHILOSOPHICAL DIMENSION OF THE PRINCIPLE AND ITS SIGNIFICANCE IN THE FORMATION OF INTERNATIONAL LAW

Abstract

B a c k g r o u n d . The article is devoted to the philosophical dimension of the principles of international law and the need to rethink them in the context of the transformation of the modern system of international relations through the prism of philosophy. The relevance of the study is due, on the one hand, to the crisis of confidence in international law, on the other hand, to the intensification of global conflicts and the emergence of supranational levels of regulation. The article analyzes the origin of principles as basic worldview ideas that combine philosophy and law, and points to their fundamental role in the formation of a holistic and value-oriented normative system. The purpose of the study is to determine the philosophical nature of the principle and specify its significance for modern international law.

M e t h o d s . The work uses an interdisciplinary approach that combines the methodology of historical-philosophical and historical-legal research. The works of M. Nevidomskyi, S. M. Zadorozhna, M. Yu. Zadnipriana-Korinna, O. V. Zaychuk, K. V. Hromovenko, Ya. O. Tytska etc., as well as classical philosophical sources – from ancient natural philosophers to I. Kant – are involved. The disclosure of the concept of "principle" is carried out through the analysis of its ontological, epistemological, normative dimensions, etc.

R e s u l t s . The study shows that the principles of international law have a dual nature: they are simultaneously normative prescriptions and value ideas that reflect humanism, justice, sovereign equality and respect for freedom. The article emphasizes the philosophical basis of the emergence of international law, which dates back to the original exchanges between communities and the development of universal ethical categories in the teachings of Epicurus, Socrates, G. Hegel and G. Grotius. The article analyzes scientific approaches to understanding the structure and classification of principles, in particular their role as the "constitution" of international law (K. V. Hromovenko, Ya. O. Tytska) and their normative effectiveness in resolving conflicts (M. Yu. Zadnipriana-Korinna) etc. It is emphasized that in the philosophical sense, principles are the fundamentals that determine the logic of building the entire legal system.

C o n c l u s i o n s . The article proves that the philosophical dimension of the principles of international law is the key to understanding their normative content and their role as the foundation of the international legal system. Principles act as the starting points of law, just as in philosophy they are the fundamentals of thinking and being. Their strength lies in the ability to give law internal unity and value orientation, as well as to define the framework of what is possible in international relations. Under the influence of transformations of the global order, the principles require modern interpretation, but their philosophical content remains unchanged. It is precisely philosophical understanding that makes it possible to see international law not only as a set of norms, but also as a holistic system based on the universal values of human cooperation, which determine its future viability.