ВІЙНА РФ ПРОТИ УКРАЇНИ ТА СИСТЕМНА КРИЗА МІЖНАРОДНОГО ПРАВОПОРЯДКУ: ПРИЧИНА ЧИ НАСЛІДКИ?

Abstract

The article is devoted to the problem of the systemic crisis of the international legal order, which has been clearly manifested through the prism of the tenth year of the war in Europe and the second year of the full-scale invasion of Ukraine by the Russian Federation. The author considers it expedient to shift the focus of international discourse from issues of global order to the problems of international legal order. The author raises the question of whether Russia's aggression is the cause or the consequence of the crisis of the international legal order. According to the author, today's full-scale war of the Russian Federation and unprecedented war crimes have become possible precisely because of the shortcomings inherent in the international legal order that developed after World War II. The current crisis is another exacerbation of the permanent one, caused primarily by internal factors, including not only legal ones (imperfection of international law as a system of norms governing international relations), but also political, ideological, economic and other factors. The author believes that the main problem of modern international law is its low efficiency in regulating international security relations, which is associated with the ineffective UN mechanism for maintaining international security in the world and suppressing aggressor states. This mechanism, which is based on the UN Security Council, has been repeatedly criticized, but has never been reformed since its creation after World War II. It is based on the political principle of "balance of power" and the principle of sovereign equality of states enshrined in the UN Charter, but not the principle of the rule of law. The author substantiates the need to enshrine in a peremptory norm of general international law the principle of the rule of law and the legal nullity of any unilateral acts of subjects of international law (not only international treaties) that contradict jus cogens.

The author sees two most likely ways to solve the problem of the crisis of the international legal order: the creation of a new global legal order to replace the existing UN mechanism or the gradual decline of the existing international legal order and its degradation to the situation that existed during the Cold War and the bipolar world (Western democracies led by the United States and non-democratic regimes, led this time by China).