Current Problems of Biolaw in the Jurisprudence of International Courts

Due to the development of technology society has faced the problem of a fundamental change in the understanding of human nature (from DNA tests, genome editing to human cloning), all aspects of personal and social life, as well as the existence per se (from abortion, in vitro fertilization and surrogate motherhood to euthanasia). The study of medical, social, ethical and other aspects of these challenges forms a new legal thinking — biolaw. Despite this, in the 21st century national legislation remains conservative and often does not take into account the development of biotechnology, does not keep pace with the formation of new social relations, which creates gaps in legal regulation. On the contrary, international justice frequently goes ahead and offers more progressive approaches to conflict resolution in the field of bioplaw. Thus, the main purpose of this work is the conceptual development of the biolaw discipline and the study of legal approaches to its regulation in the context of international human rights law. The paper provides a thorough analysis of the jurisprudence of international courts such as the European Court of human rights, the Inter-American Court of human rights, the Court of Justice of the European Union and other dispute resolution bodies. Particular attention is paid to the impact of decisions of the international courts on national legislation, in particular, Russian. As a result of the study, there is made an assessment of the role of the international justice in promoting the principles of biolaw and “new” human rights.