Development of the doctrinal foundations of post-war international law: The contributions of D.D. Ostapenko
Journal: RUDN Journal of Law (Vol.29, No. 1)Publication Date: 2025-04-10
Authors : Sergey Marochkin; Lev Lazutin;
Page : 135-152
Keywords : D.D. Octapenko; international law; armed intervention; principle of non-intervention; international legal responsibility; correlation of international and domestic law; higher legal education;
Abstract
The purpose of this work is to study contributions of Soviet scholar and war veteran D.D. Ostapenko to the development of higher legal education and formation of the Sverdlovsk legal scientific school. The significance of his activities and scientific publications in enhancing the structure of higher legal education is highlighted, particularly regarding the modern role of the subject “international law” within legal disciplines. The article focuses on D.D. Ostapenko’s role in establishing the doctrinal foundations of international law in the period following the Second World War. He was among the international lawyers whose research helped shape modern international law, initiating theoretical developments regarding new post-war institutions such as international criminal law, the law of international responsibility, and international humanitarian law. A significant portion of his works was dedicated to the scientific study of armed intervention and international legal responsibility. Ostapenko argued that intervention could occur both with and without the use of armed force, in accordance with the principle of non-intervention outlined in the UN Charter. He concluded that the scope of this principle is unlimited: matters falling under paragraph 7 of Article 2 of the Charter constitute the internal competences of states, and no one has the right to interfere in them, except in issues related to maintaining peace and security. D.D. Ostapenko made a substantial impact on recognizing the importance of international law within domestic jurisdiction and higher legal education. This article demonstrates that the perception of international law as vital for normative and individual legal regulation in domestic relations and for training future lawyers originated at the Sverdlovsk Law Institute, largely due to D.D. Ostapenko’s decisive involvement.
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Last modified: 2025-04-10 06:17:30