GENERALLY RECOGNIZED PRINCIPLES OF INTERNATIONAL LABOUR LAW AND THEIR REFLECTION IN THE NATIONAL LEGISLATION OF EASTERN PARTNERSHIP STATES1

Tomashevski Kirill Leonidovich,
Professor, Civil and Business Law Chair, Kazan Innovative University named after
V.G. Timiryasov, Doctor in Law
Email: [email protected]

Introduction One of the leading roles in establishing international labor standards is played by the generally recognized principles of international labor law. The problem of generally recognized principles of international law has been deeply studied from theory by such scientists as G. I. Tunkin, V. L. Tolstykh, relating them to the norms of customary international law, the norms of jus cogens [1, p. 140; 2, p. 227]. Ather scholar A. Kh. Abashidze comes to the conclusion that an analysis of international judicial practice, mainly of the International Court of Justice, confirms that the courts do not distinguish between applied principles. All of them – both those enshrined in the UN Charter and called in the domestic doctrine of international law “generally recognized principles” (for example, Pacta sunt servanda) or “general principles of international law” (for example, uti possidetis juris), and others (for example, the principle of humanism) are called “general principles of law”. Moreover, the International Court of Justice and the doctrine of international law can be qualified as general principles of law and moral norms [3, p. 29].

DOI 10.30546/2218-9130. 01.351.2024.60

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