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THE CONCLUSION

Summing up to the done research, it is necessary to notice, that in the XXI-st century there is a development of system of international law, however on former one of the major properties of system is interaction of its elements and consistency to their friend.

At international legal regulation prirodoresursnyh relations there can be contradictions between principles and norms of such branches as environment international law, the international marine law, the international economic right that is a vivid example of a fragmentation of international law. Therefore it is necessary to draw a conclusion, that the norms regulating international prirodoresursnye the relations, should be systematised and adjusted among themselves. Complex character of such relations raises the importance of carrying out of their classification. Thus the basic criterion of classification international prirodoresursnyh relations is the state territory or space legal regime in which natural resources are located.

Absence of qualitative uniformity prirodoresursnyh relations, and also that fact is represented, that, that hardly in the nearest or the long-term future it is possible to expect working out of the uniform universal international treaty regulating all set prirodoresursnyh of relations, testifies that MPrP cannot be independent branch of MT.

As a result of consideration of criteria which are used in the doctrine for construction of system of the international public law, the author of dissertation draws a conclusion that international prirodoresursnoe the right is podotraslju environment international law. Thus the major criterion

Allocation MPrP as podotrasli environment international law the legal regulation subject - the international relations arising in the course of search, investigation, development, extraction of natural resources - till the moment of direct extraction from the environment of their natural stay (dwelling) is. International subjects enter in prirodoresursnye relations for the purpose of a regulation listed above processes of extraction of useful properties of natural resources. Therefore we consider possible to consolidate all processes listed above by the general term - źuse of natural resources╗, following standard definitions of international treaties. In a circle of the international

prirodoresursnyh relations it is necessary to include and relations concerning preservation of natural resources as the activity regulation on preservation of natural resources directly is defined by the maintenance of the international legal norms regulating wildlife management.

Also during research the conclusion that at revealing of essence MPrP it is expedient to use criteria of presence of special principles and specificity of the international legal norms regulating international prirodoresursnye the relations is drawn.

Besides, it is necessary to conclude, that in connection with expansion of scope by international law of relations which did not concern earlier sphere of the international cooperation, even natural resources within the limits of the state territory in some cases can be object of international legal regulation. For example, international legal norms can regulate obligations of the states concerning maintenance of safety of realisation with foreign investors of the rights to natural resources and granting of protection by it, a fair and mode equal in rights in the territory; observance of sanctions of the United Nations establishing embargo for import and export of natural resources of the state; on interstate division of benefits from use of genetic resources and to observance of positions of international legal certificates about fair use of water resources etc.

Efficiency of international legal regulation prirodoresursnyh relations directly depends on the account of their complex character and specificity by working out and acceptance of international legal norms and qualities of realisation of these norms the state-participants of corresponding international treaties.

It is necessary to draw a conclusion, that legal regimes of use and preservation of natural resources are differentiated, and prirodoresursnye relations can be regulated by norms international economic, power, ecological and other branches of international law. For example, mutual relations of the states concerning rational use of natural resources and their protection are regulated by norms of international law of environment. In that case when these resources become raw materials, getting the cost form, or move (are transported) from one state on territory of another on vozmezdnyh the beginnings, they become object of regulation of the international economic right. Creation of such mechanisms of management by natural resources which will provide steady balance between ecological and economic interests of the states therefore is obviously important.

However, despite differentiation of modes of wildlife management, they have some general lines which should be considered by working out of international legal certificates: non-uniform distribution and ischerpaemost natural resources, and also influence of a principle of inalienable sovereingty on their formation.

One more conclusion to which the author of dissertation comes, consists that participants international prirodoresursnyh relations are not only subjects MPrP, but also the international non-governmental organisations, transnational corporations, the radical people. Besides, during the modern period and in the future institutsionalnoj a basis for management of natural resources will be not only the international intergovernmental organisations and bodies, but also integration associations - the European Union, the Euroasian economic union, the African Union, NAFTA, MERKOSUR and others. Within the limits of integration associations managerial process by natural resources can be most effective, since uniform approaches for all member states to principles of such management are developed.

At last, as a result of research a number of new directions in a science of MT which find fastening in norms of international law has been revealed and analysed, becoming principles-ideas or global problems and influence development international prirodoresursnogo cooperation. Thus, formation international prirodoresursnogo the rights in the XXI-st century inseparably linked with working out and effective realisation of new legal approaches for the resolution of problems, relations arising at regulation in sphere of wildlife management and in many respects connected with necessity of a combination of economic interests of the states and interests on preservation of the environment. These approaches to which the author carries the sustainable development concept, ekosistemnyj the approach, the concept of good management are fixed in norms soft law, however can receive a concrete definition and development in the subsequent agreements and practice of the states.

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A source: Vasilenko Ekaterina Vladimirovna Formirovanie. international prirodoresursnogo the rights. The dissertation on competition of a scientific degree of the master of laws. Rostov-on-Don -. 2016

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