On the Issue of Civilizational Analysis in the Science of International Law
( Pp. 135-140)
More about authors
Svyatoslav V. Nikiforov
Cand. Sci. (Law), Acting Head of the Department of History, Theory of State and Law, and International Law, Moscow, Russian Federation; Cand. Sci. (Pedag.), Senior Researcher, Scientific Secretary; Center for Civilizational and Comparative Political Research of the Institute of Sociology of the FCTAS RAS; Moscow, Russian Federation; Senior Lecturer of the Department of International Law; Russian Foreign Trade Academy (RFTA) of the Ministry of Economic Development of the Russian Federation; Moscow, Russian Federation
Moscow International University
Moscow, Russian Federation Center for Civilizational and Comparative Political Research of the Institute of Sociology of the FCTAS RAS, Moscow, Russian Federation Russian Foreign Trade Academy (RFTA) of the Ministry of Economic Development of the Russian Federation, Moscow, Russian Federation
Moscow International University
Moscow, Russian Federation Center for Civilizational and Comparative Political Research of the Institute of Sociology of the FCTAS RAS, Moscow, Russian Federation Russian Foreign Trade Academy (RFTA) of the Ministry of Economic Development of the Russian Federation, Moscow, Russian Federation
Abstract:
Abstract: The purpose and objectives of this article are to analyze how civilizational analysis can be applied in the field of international law, identify the main directions of its evolution, and propose theoretical and methodological tools for studying the civilizational component in international legal acts.
Methodological Approach. The work relies on general theoretical techniques (analysis, comparison, generalization) and a synergetic approach. It is based on the civilizational paradigm in its two variants: the theory of local civilizations and the synergetic model, which understands civilization as an open, self-organizing, and nonequilibrium system. Special attention is given to clarifying basic concepts ("civilization," "state-civilization," "civilizational identity") through a system of nested characteristics (cultural, ethnic, religious, etc.).
Results and Conclusions. This article examines contemporary attempts to enshrine a "civilizational agenda" in official government documents (Russia, the United States, China, and Mongolia), in the decisions of international organizations (BRICS, the UN Alliance of Civilizations), and in bilateral agreements. It argues for the urgent need for a new academic discipline—civilizational jurisprudence. The author concludes that the growing role of the Global South and the transition to a multipolar world will push the international community toward legally (albeit primarily through "soft law") enshrining the rules of intercivilizational dialogue, the concept of civilizational security, and the special status of civilizational states as the main actors in a polycentric world. These trends also indirectly intensify the fragmentation of the existing international legal order under the influence of civilizational processes.
Novelty and Practical Significance. The main value of this work lies in its demonstration that a new branch (or institution) of international law is objectively emerging: the regulation of intercivilizational relations (or, more precisely, relations complicated by civilizational factors). An additional contribution is provided by the combination of the civilizational approach with synergetics, which allows us to understand law as civilization's "Response" to external or internal "Challenges," and legal culture as an expression of the collective desire to maintain the system in a stable state and achieve its development (the desire for an attractor as the optimal form of civilizational existence).
Methodological Approach. The work relies on general theoretical techniques (analysis, comparison, generalization) and a synergetic approach. It is based on the civilizational paradigm in its two variants: the theory of local civilizations and the synergetic model, which understands civilization as an open, self-organizing, and nonequilibrium system. Special attention is given to clarifying basic concepts ("civilization," "state-civilization," "civilizational identity") through a system of nested characteristics (cultural, ethnic, religious, etc.).
Results and Conclusions. This article examines contemporary attempts to enshrine a "civilizational agenda" in official government documents (Russia, the United States, China, and Mongolia), in the decisions of international organizations (BRICS, the UN Alliance of Civilizations), and in bilateral agreements. It argues for the urgent need for a new academic discipline—civilizational jurisprudence. The author concludes that the growing role of the Global South and the transition to a multipolar world will push the international community toward legally (albeit primarily through "soft law") enshrining the rules of intercivilizational dialogue, the concept of civilizational security, and the special status of civilizational states as the main actors in a polycentric world. These trends also indirectly intensify the fragmentation of the existing international legal order under the influence of civilizational processes.
Novelty and Practical Significance. The main value of this work lies in its demonstration that a new branch (or institution) of international law is objectively emerging: the regulation of intercivilizational relations (or, more precisely, relations complicated by civilizational factors). An additional contribution is provided by the combination of the civilizational approach with synergetics, which allows us to understand law as civilization's "Response" to external or internal "Challenges," and legal culture as an expression of the collective desire to maintain the system in a stable state and achieve its development (the desire for an attractor as the optimal form of civilizational existence).
How to Cite:
Nikiforov, S.V. (2026). On the Issue of Civilizational Analysis in the Science of International Law. Gaps in Russian Legislation, 19(3), 135-140. DOI: 10.33693/2072-3164-2026-19-3-135-140. EDN: FOXWPL
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SHumilov V.M. TSivilizatsionnyy podkhod pri periodizatsii mezhdunarodnogo prava: Rossiya i Zapad // Mezhdunarodno- pravovye chteniya. Vypusk 3 (14). 2014. S. 127 154.
Aslanov L.A. Mentality and power. Moscow: TEIS, 2013.
Bogaturov A.D., Kosolapov N.A., Khrustalev M.A. Essays on theory and methodology of political analysis of international relations. Moscow: Moskovsky Rabochy, 2002. 390 p.
Braslavsky R.G. The sociological tradition of civilizational analysis. The civilizational diversity of the modern world: [monograph]. J. Arnason, R.G. Braslavsky, Yu. V. Veselov [et al.]; ed. by R.G. Braslavsky and A.V. Malinov; FSRC RAS. Moscow; St. Petersburg: FSRC RAS, 2024, pp. 106–142.
Burianov S.A. Freedom of Conscience as a Global Value. On the Way to Political Unity and the Solution of Global Problems. The Age of Globalization. 2009. No. 1. Pp. 136–151. (in Rus.).
Zheleznyakov A.S. Mongolian Civilization: History and Modernity. Theoretical Foundation of the Atlas. Institute of Oriental Studies of the Russian Academy of Sciences; Institute of Sociology of the Russian Academy of Sciences. Moscow: Ves' Mir Publishing House, 2016. 288 p.
Zheleznyakov A.S. Civilizational Political Science as a Scientific Field. Russia in a Polycentric World Order: Challenges and New Development Paradigms: Proceedings of the 10th All-Russian Congress of Political Scientists with International Participation, Moscow, December 5–7, 2024. Moscow: Aspect Press Publishing House LLC, 2024. Pp. 207–208. EDN: NEIIOL.
Zakharov T.V. International Law in the Context of Multiple Civilizations. (Review). Social and Human Sciences. Domestic and Foreign Literature. Series 4: State and Law. 2020. No. 1. Pp. 142–150. (in Rus.).
Zorkin V.D. The Civilization of Law and the Development of Russia. 2nd edition, revised and expanded. Moscow: Norma: Infra-M. 2016. 416 p. Social and Human Sciences. Domestic and Foreign Literature. Ser. 4. State and Law: Abstract Journal. 2017. No. 1. Pp. 7–10.
Kokain J. Islam and International Humanitarian Law: From Collisions to Dialogue of Civilizations. IJCC. Collection of Articles 2002. Pp. 269–306.
Makhamatov T.M., Kasimova Z.G. Global Civilization and the Effectiveness of Cultural Policy as a Soft Power. The Age of Globalization. 2021. No. 4. Pp. 90–103. (in Rus.).
Shumilov V.Moscow A Look at the History of International Relations and International Law in the Context of the Civilizational Approach. Moscow Journal of International Law. 2014. No. 3. Pp. 46–64. (in Rus.).
Shumilov V.Moscow A Brief History of International Law (in the Context of the Civilizational Approach). International Lawyer. 2006. No. 1. Pp. 46–53. (in Rus.).
Shumilov V.M. Russia and the West in the Context of International Law and the Civilizational Approach. Russian Foreign Economic Bulletin. 2014. No. 10. Pp. 93–108. (in Rus.).
Shumilov V.M. Civilizational Approach in the Periodization of International Law: Russia and the West. International Law Readings. Issue 3 (14). 2014. Pp. 127–154. (in Rus.).
SHumilov V.M. TSivilizatsionnyy podkhod pri periodizatsii mezhdunarodnogo prava: Rossiya i Zapad // Mezhdunarodno- pravovye chteniya. Vypusk 3 (14). 2014. S. 127 154.
Keywords:
civilizational analysis, international law, international relations, intercivilizational interaction, international legal scholarship.
