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State-like formation is a rather complex and exceptional phenomenon of an international legal nature, still poorly studied by domestic science international law. The educational literature contains very little information about this unique phenomenon, and specialized literature only touches on certain aspects of individual state-like entities. Individual monographic or...

  • INTRODUCTION
  • 1. THE CONCEPT AND INTERNATIONAL LEGAL PERSONALITY OF STATE-LIKE ENTITIES
  • 2. FREE CITIES
  • 3. VATICAN
  • 4. OTHER STATE-LIKE FORMATIONS
  • CONCLUSION
  • LIST OF REFERENCES USED

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State-like entities (essay, coursework, diploma, test)

State-like formation is a rather complex and exceptional phenomenon of an international legal nature, still poorly studied by the domestic science of international law. Educational literature contains very little information about this unique phenomenon, and specialized literature only touches on certain aspects of individual state-like entities.

There are no separate monographic or dissertation works devoted to the concept, international legal personality and other issues of the status of state-like entities in Russia. This factor is an additional incentive for a more detailed study of this issue, actualizes the work, and gives it an innovative character.

Understanding the complexity of writing this course work in practice complete absence specialized literature, however, we set its goal to determine the international legal status and identify the essential characteristics of state-like entities.

In this regard, the tasks put forward are: firstly, the analysis of existing scientific and other sources in order to determine the characteristics and give a definition of a state-like entity, secondly, to identify certain aspects of their international legal personality, and thirdly, to determine the various aspects their international legal activities and, fourthly, the study of individual state-like entities, both existing in the past and existing to this day.

Structurally, the work is divided into paragraphs in accordance with the logical sequence of presentation of the material, which will allow us to fully solve the tasks and, ultimately, achieve the goal of this work ("https://site", 18).

The first paragraph will highlight general issues relating to all state-like entities: concepts, identifying features, defining essential characteristics, analyzing approaches to understanding, identifying differences from other subjects of international law. The following paragraphs will cover these issues in relation to individual state-like entities, detailing them and identifying the features of specific state-like entities.

The sources used in this work are very diverse. In addition to traditional educational and specialized literature, we used acts of an international legal nature, including international treaties that determine the status of a particular state-like entity, the basic laws of these entities, as well as official sources from the servers of state-like entities posted on the Internet.

All this is aimed at one thing - achieving the goal of the course work outlined above.

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Bibliography

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  9. Basic Law of the Vatican City State of November 26, 2000 (at German) // Official website of the Holy See. - Access mode: http://www.vatican.va/vatican_city_state/legislation/documents/ scv_doc_20 001 126_legge-fondamentale-scv_ge.html - free.
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  11. History of domestic state and law. Part 1. / Ed. Chistyakova O.I. - M., Yurist, 2007. - 477 p.
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  32. Official website of the Central Intelligence Agency of the United States of America (in English). - Access mode: https://www.cia.gov/ - free.

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State- similar formations- special political-religious or political-territorial units that, on the basis of an international act or international recognition, have a relatively independent international legal status.

These primarily include the so-called “free cities” and free territories.

In principle, free cities were created as one of the ways to freeze territorial claims and mitigate tensions arising in interstate relations over the ownership of any territory. A free city is created on the basis of an international treaty or a decision of an international organization and represents a kind of state with limited legal capacity. It has its own constitution or act of a similar nature, the highest government bodies, citizenship. Its armed forces are purely defensive in nature or are more of a border guard and law enforcement force. The creators of a free city usually provide ways to monitor compliance with its status, for example, appointing their representatives or a representative for this purpose. In the international arena, free cities are represented either by interested states or by an international organization.

The status of the Free City of Danzig, which existed between the two world wars, was guaranteed by the League of Nations, and in foreign relations the interests of the city were represented by Poland. The Free Territory of Trieste, created by the 1947 peace treaty with Italy and divided between Italy and Yugoslavia by the 1954 agreement, was protected by the UN Security Council.

West Berlin had a unique international legal status in accordance with the Quadripartite Agreement of the USSR, Great Britain, the USA and France of September 3, 1971. These states retained the special rights and responsibilities they assumed after the surrender of Nazi Germany in relation to West Berlin, which maintained official relations with the GDR and the Federal Republic of Germany. The German government represented the interests of West Berlin in international organizations and at conferences, and provided consular services to its permanent residents. The USSR established a consulate general in West Berlin. With the reunification of Germany in 1990, the rights and responsibilities of the four powers towards West Berlin were terminated as it became part of the unified Federal Republic Germany.

Currently, state-like entities with a special international legal status are the Vatican (Holy See) as the official center of the Roman Catholic Church and the Order of Malta as an official religious formation with internationally recognized charitable functions. Their administrative residences are in Rome.

Externally, the Vatican (Holy See) has almost all the attributes of a state - a small territory, authorities and administration. About the population of the Vatican, however, we can only speak conditionally: these are the relevant officials involved in the affairs of the Catholic Church. However, the Vatican is not a state; rather, it can be considered as the administrative center of the Catholic Church. The peculiarity of its status lies, among other things, in the fact that it has diplomatic relations with a number of states that officially recognize it as a subject of international law.

The Order of Malta was recognized as a sovereign entity in 1889. The seat of the order is Rome. Its official purpose is charity. It has diplomatic relations with many states. The order has neither its own territory nor population. Its sovereignty and international legal personality are a legal fiction.

State-like entities

State-like entities have a certain amount of international legal personality. They are endowed with an appropriate scope of rights and obligations and thereby become subjects of international law. Such entities have territory, sovereignty, have their own citizenship, legislative assembly, government, and international treaties.

Among them were the so-called. "free cities", West Berlin. This category of entities includes the Vatican, the Order of Malta and Holy Mount Athos. Since these entities most resemble mini-states and have almost all the characteristics of a state, they are called “state-like formations.”

The legal capacity of free cities was determined by relevant international treaties. Thus, according to the provisions of the Vienna Treaty of 1815, Krakow (1815 - 1846) was declared a free city. According to the Versailles Peace Treaty of 1919, Danzig (Gdansk) (1920 - 1939) enjoyed the status of a “free state”, and in accordance with the peace treaty with Italy of 1947, the creation of the Free Territory of Trieste was envisaged, which, however, was never created.

West Berlin (1971–1990) enjoyed a special status granted by the 1971 Quadripartite Agreement on West Berlin. In accordance with this agreement, the western sectors of Berlin were united into a special political education with its authorities (Senate, prosecutor's office, court, etc.), to which some powers were transferred, for example, the publication of regulations. A number of powers were exercised by the allied authorities of the victorious powers. The interests of the population of West Berlin in international relations were represented and protected by German consular officials.

Vatican- a city state located within the capital of Italy - Rome. Here is the residence of the head of the Catholic Church - the Pope. The legal status of the Vatican is determined by the Lateran Agreements, signed between the Italian state and the Holy See on February 11, 1929, which are basically still in force today. In accordance with this document, the Vatican uses certain sovereign rights: has its own territory, legislation, citizenship, etc. The Vatican actively participates in international relations, establishes permanent missions in other states (the Vatican also has a representative office in Russia), headed by papal nuncios (ambassadors), participates in international organizations, conferences, signs international treaties, etc.

Order of Malta is a religious formation with its administrative center in Rome. The Order of Malta actively participates in international relations, concludes treaties, exchanges representations with states, and has observer missions to the UN, UNESCO and a number of other international organizations.



Holy Mount Athos (Athos) is an independent monastic state located on a peninsula in Eastern Greece, in the Chalkidiki region. It is owned by a special Orthodox monastic association. Management is carried out jointly by representatives of each of the 20 monasteries. The governing body of Athos is the Holy Kinot, which includes representatives of all 20 monasteries of Athos. And the highest church power on Athos belongs not to the Patriarch of Athens, but to the Patriarch of Constantinople, as in the Byzantine era. Entry into the territory of a state-like entity is prohibited for women and even for female pets. To visit Holy Mount Athos, pilgrims must obtain a special permit - “diamonitirion”. IN last years The European Council has repeatedly demanded that the Greek government open access to Mount Athos to everyone, including women. Orthodox Church strongly opposes this in order to preserve the traditional monastic way of life.

The category of derivative subjects of international law usually includes special political-religious or political-territorial units, which, on the basis of an international act or international recognition, have a relatively independent international legal status.

Such political-religious and political-territorial units in international law are called state-like entities.

State-like entities (quasi-states) are a special type of subjects of international law that have some characteristics (features) of states, but are not such in the generally accepted sense.

They are endowed with the appropriate scope of rights and obligations and thereby become subjects of international law.

K.K. Hasanov identifies the following characteristics of state-like entities:

1) territory;

2) permanent population;

3) citizenship;

4) legislative bodies;

5) government;

6) international treaties.

The question arises: why are state-like entities not among the primary ones?

Answer to this question gives R.M. Valeev: state-like entities do not have such a property as sovereignty, since, firstly, their population is not a people, but a part of a nation or representatives of various nations; secondly, their international legal capacity is severely limited; they do not have real independence in the international sphere. The emergence of such entities is based on international acts (treaties).

In the historical aspect, state-like entities include the “free cities”, West Berlin, and currently the most striking examples are the Vatican and the Order of Malta.

The Free City is a self-governing political entity, which has been granted international legal status by an international treaty, allowing it to participate mainly in economic, administrative and cultural international legal relations.

The creation of a free city, as historical experience shows, is usually the result of a settlement controversial issue about its belonging to one state or another.

In 1815, to resolve contradictions between the great powers, the Treaty of Vienna declared Krakow a free city under the auspices of Russia, Austria and Prussia. In 1919, they tried to resolve the dispute between Germany and Poland regarding Danzig (Gdansk) by granting it the status of a free city under the guarantee of the League of Nations. The city's external relations were carried out by Poland.

To resolve the claims of Italy and Yugoslavia regarding Trieste, the Statute of the Free Territory of Trieste was developed. The territory had to have a constitution, citizenship, a people's assembly, and a government. At the same time, the constitution and government activities had to comply with the Statute, i.e. international legal act. In 1954, Italy and Yugoslavia divided the territory of Trieste between themselves.

state-like entity international law

Therefore, the highest legal act for it, as mentioned above, is an international treaty, which determines the special international legal personality of the city.

West Berlin had a unique international legal status in accordance with the Quadripartite Agreement of the USSR, Great Britain, the USA and France of September 3, 1971. These states retained the special rights they assumed after the surrender of Nazi Germany, and then in the conditions of the existence of two German states rights and responsibilities in relation to West Berlin, which maintained official relations with the GDR and the Federal Republic of Germany. The GDR government entered into a number of agreements with the West Berlin Senate. The German government represented the interests of West Berlin in international organizations and at conferences, and provided consular services to its permanent residents. The USSR established a consulate general in West Berlin. Due to the reunification of Germany, formalized by the Treaty of the Final Settlement concerning Germany of 12 September 1990, the rights and responsibilities of the Four Powers regarding West Berlin ceased as it became part of the unified Federal Republic of Germany.

The question of the international legal personality of the Vatican and the Order of Malta has a certain specificity. We will consider them in more detail in the following paragraphs of this chapter.

Thus, state-like entities should be classified as derivative subjects of international law, since their legal personality is the result of the intentions and activities of primary subjects of international law.

International legal personality of other participants international relations(TNCs, INGOs, individuals, humanity), including state-like entities

Legal personality of state-like entities

In international law, in accordance with interstate treaties in the past and currently, a special international legal status is provided for some political-territorial (state-like) entities. In accordance with such international treaties, these entities are endowed with certain rights and responsibilities and thereby become subjects of international legal regulation. Their international legal personality is determined by the fact that they are able to independently, independently of states and other subjects of international legal communication, exercise established legal rights and obligations. The corresponding international legal capacity is determined by the provisions of these treaties, and in some cases by customary rules of law. These include:

  • 1) free cities. In the past they had a special international legal status. Thus, according to the Vienna Treaty of 1815, Krakow was proclaimed a “free, independent and completely neutralized” city (existed until 1846). The Treaty of Versailles of 1919 established the special international legal status of the “free state” of Danzig (1920–1939). The peace treaty with Italy in 1947 provided for the formation of the “Free Territory of Trieste” (practically it was not formed; its parts became part of Italy and Yugoslavia);
  • 2) West Berlin – also had a special international legal status. The main international legal act regulating its international legal position was the quadripartite agreement between the USSR, USA, Great Britain and France dated 09/03/197 i. According to the agreement, the western sectors of the city were united into a special political entity with their own authorities (Senate, prosecutor's office, etc.), to which part of the state powers were transferred. A number of powers were exercised by the allied authorities of the victorious powers. The interests of the city population in international relations were represented and protected by German consular officials. West Berlin's status ended in 1990;
  • 3) Vatican - the residence of the head of the Catholic Church (the Pope) in a special region of Rome, sometimes called a city-state. Its legal status is determined by a 1984 agreement between Italy and the Holy See. The Vatican maintains external relations with many states, in particular with Catholic countries; he establishes his permanent missions in them, headed by papal nuncios or legates. The Vatican is involved in many international conferences and is a party to many international agreements. In addition, it is a member of a number of universal international organizations (UPU, IAEA, ITU, etc.), and has permanent observers at the UN, ILO, UNESCO and some other organizations.

The problem of the international legal personality of an individual

For a long time, domestic science denied the quality of international legal personality to individuals. The situation changed during the period of “perestroika” in the USSR, when many scientists began to call for a revision of this point of view. The fact is that states, as the main subjects of international law, are increasingly, by coordinating their wills, creating norms aimed not only at regulating their mutual relations, but also norms addressed to other individuals and entities. These norms may be addressed by INGOs, individual international bodies (commissions, committees, judicial and arbitration bodies), employees of IGPOs, i.e. persons and entities that do not themselves have the capacity to create rules of international law.

Although most norms aimed at influencing the legal status of individuals are directly addressed to states and oblige them to provide individuals with a certain set of rights and freedoms, in some cases related to the activities of international human rights bodies, international legal norms determine the morals and responsibilities of an individual directly.

More complicated, of course, is the situation with the international legal personality of individuals in relation to international documents in the field of human rights in cases where the individual cannot directly speak before international bodies.

Of course, most often the rules of international law aimed at regulating the behavior of individuals or legal entities– subjects of domestic law, act in relation to them not directly, but indirectly by the norms of national law. However, in a number of cases, rights and obligations under international law are directly conferred on persons and entities that do not have the ability to create norms of international law.

In fact, the range of persons and entities that are the subject of international law depends on what definition of the subject of international law is given. If subjects of international law are defined as “entities independent from each other, not subordinate in the field of international relations to any political power", having the legal ability to independently exercise the rights and obligations established by international law", then individuals and legal entities, as well as INGOs do not have the quality of international legal personality. If, however, all persons and entities are considered as subjects of international law - bearers of rights and obligations directly in force of the norms of international law, then it will be necessary to recognize individuals as subjects of international law, including employees of international international organizations, a certain circle of legal entities, INGOs, and various international bodies.

Most likely, in international law we should talk about two categories of subjects. The first includes those who have rights and obligations directly arising from the norms of international law, and themselves directly participate in the creation of these norms and in ensuring their compliance. These are, first of all, states, as well as peoples and nations exercising their right to self-determination, MMPO. The second category includes individuals, INGOs, a number of international economic associations (IEOs), and international bodies (commissions, committees, judicial and arbitration bodies). They, having a certain rather limited range of rights and obligations under international law, do not themselves directly participate in the process of creating norms of international law.

  • International law: textbook / ed. G.I. Tunkina. M., 1982. P. 82.