1. Introduction

Understanding the essence and meaning international law is necessary today for a fairly wide range of people, since international law has an impact on almost all areas modern life. The application of international law is an important aspect of the activities of all those who are in one way or another connected with international relations. However, even those lawyers who are not directly involved in international relations periodically encounter normative acts of international law in the course of their work and must correctly navigate when making decisions on such cases. This applies to investigators when investigating economic crimes of international corporations, firms engaged in foreign economic activity or operational units fighting terrorism and international crime, and to notaries certifying legal actions concerning foreign citizens located on the territory of Ukraine, etc. d.

The end of the second millennium of the modern era in human history coincides with the beginning of a new stage in the development of international law. Discussions about the benefits of international law or doubts about its necessity are replaced by universal recognition of this legal system as an objective reality that exists and develops independently of the subjective will of people.

The UN General Assembly adopted resolution 44/23 on the United Nations Decade of International Law in 1989. It notes the UN's contribution to promoting "wider acceptance and respect for the principles of international law" and encouraging "the progressive development of international law and its codification." It is recognized that at this stage there is a need to strengthen the rule of law in international relations, which requires promoting its teaching, learning, dissemination and wider recognition. The period 1990-1999 was proclaimed by the UN as the Decade of International Law, during which the role of international legal regulation in international relations.

The topic proposed below - “international economic law” - is interesting because it allows you to clearly understand and trace the principles of economic cooperation between peoples with different customs, traditions, religions, government system and so on.

2. Definition of terms

AGGRESSION - (Latin aggressio, from aggredior - I attack) - in modern international law, any illegal use of force by one power against the territorial integrity or political independence of another power or people (nation) from the point of view of the UN Council.

ANNEXATION (lat. annexio) - forced annexation, seizure by one state of all (or part) of the territory of another state or

OCCUPATION (lat. occupatio, from occupo - I capture, take possession) -

1) temporary occupation by the armed forces of one state of part or all of the territory of another state, mainly as a result of offensive military operations; 2) in Ancient Rome taking possession of things that do not have an owner, including land plots.

DELIMITATION is the process of determining land and water boundaries by agreement, usually by neighboring states.

DEMARKATION (French demarcation-demarcation) - line designation state border on the ground.

OPTION (lat. optatio-desire, choice, from opto - choose) - voluntary choice of citizenship by a person who has reached the age of majority. The right of option is necessarily granted to the population of the territory that is transferred from one state to another.

3. Concept and subjects of international economic law.

3. 1 International legal regulation Economic, especially trade, relations between states arose in ancient times. Trade relations have long been one of the subjects of international treaties, and freedom of trade relations was initially recognized as a moral and legal principle. Back in the 2nd century AD. e. The ancient Roman historian Florus noted: “If trade relations are interrupted, the union of the human race is broken.” Hugo Grotius (XVII century) pointed out that “no one has the right to interfere with the mutual trade relations of any people with any other people.” It is this principle of jus commercii - the right to free trade (trade is understood in a broad sense) - that becomes fundamental to international economic law.

In the 17th century, the first special international trade agreements appeared. By the twentieth century, some special principles, institutions and international legal doctrines related to the regulation of economic relations between states: “equal opportunities”, “capitulations”, “ open doors", "consular jurisdiction", "acquired rights", "most favored nation", "national treatment", "non-discrimination", etc. They reflect the contradictions between the interests of free trade and the desire to monopolize foreign markets or to protect their own market .

The emergence of new forms of international economic, scientific and technical cooperation in the 19th-20th centuries gave rise to new types of agreements (agreements on trade turnover and payments, clearing agreements, on transport, communications, industrial property, etc.), as well as the creation of numerous international economic and scientific and technical organizations. This process developed especially rapidly after the end of the Second World War. The UN Charter lists as one of its objectives the implementation international cooperation in solving international problems of an economic nature (Article 1).

In the second half of the twentieth century, special economic integration international organizations emerged in Europe - the European Communities and the Council for Mutual Economic Assistance. In 1947, the first multilateral trade agreement in history was concluded - the General Agreement on Tariffs and Trade (GATT), on the basis of which a special kind of international institution was formed, which now unites over a hundred states.

3. 2 International economic law can be defined as a branch of public international law, which is a set of principles and norms governing economic relations between states and other subjects of international law.

The subject of the MEP is international economic multilateral and bilateral relations between states, as well as other subjects of public international law. Economic relations include trade, commercial relations, as well as relations in the fields of production, scientific and technical, monetary and financial, transport, communications, energy, intellectual property, tourism, etc.

In modern legal literature Western countries Two main concepts of MEP have been put forward. According to one of them, MEP is a branch of public international law and its subject is the economic relations of subjects of international law (G. Schwarzenberger and J. Brownlie - Great Britain: P. Verlorenvan Themaat - Netherlands: V. Levy - USA: P. Weil - France: P. Picone - Italy, etc.). The currently dominant concept in Western literature can be considered the concept according to which the source of MEP norms is both international and domestic law, and the MEP extends its effect to all subjects of law participating in commercial relations that extend beyond the borders of one state (A. Levenfeld -USA: P. Fischer, G. Erler, W. Fikentscher - Germany: V. Friedman, E. Petersman - UK: P. Reiter - France, etc.). This second concept also coincides with the theories of transnational law put forward in the West, aimed at equalizing states and so-called transnational corporations as subjects of international law (V. Friedman and others).

In the legal literature of developing countries, the concept of “international development law” has become widespread, which emphasizes the special development rights of the poorest countries.

In domestic science, V. M. Koretsky back in 1928 put forward the theory of international economic law as intersectoral law, including the regulation of international legal (public) and civil legal relations. I. S. Peretersky, on the other hand, came up with the idea of ​​international property law as a branch of public international law in 1946. The development of this idea was followed by further developments by many domestic scientists.

The USSR made a significant contribution to the development and approval of many regulations that underlie the modern concept of MEP. The USSR was also one of the initiators of the convening in 1964 in Geneva of the UN Conference on Trade and Development, which grew into an international organization (UNCTAD).

3. 3 Based on the understanding of the MEP as a branch of public international law, it is logical to assume that the subjects of the MEP are the same as the subjects in international law in general. States, of course, have the right to directly participate in foreign economic civil, commercial, and commercial activities. A “trading state,” while remaining a subject of international law, can also act as a subject of the national law of another state, for example, by concluding a deal with a foreign counterparty subjecting it to foreign jurisdiction. This, however, does not in itself deprive the state of its inherent immunities. To waive immunities (including jurisdictional and judicial-executive), a clearly expressed will of the state itself is necessary.

4. Sources of international economic law

4. 1. The sources of the MEP are the same as in general in public international law. A characteristic feature of the MEP, which is still in its infancy as a special branch of law, is the abundance of advisory norms, which have their source in decisions of international organizations and conferences. The peculiarity of such norms is that they are not imperative. They not only “recommend”, but also convey legality, in particular, to such actions (inactions) that would be unlawful in the absence of a recommendatory norm. For example, the 1964 UN Conference on Trade and Development adopted the well-known Geneva Principles, which, in particular, contained a recommendation to provide developing countries, in addition to the most favored nation principle, with preferential customs benefits (customs tariff discounts). Such benefits would be unlawful in the absence of a corresponding advisory norm.

International economic law (IEL) is a branch of modern international law that regulates relations between states and other subjects of international law in the field of trade, economic, financial, investment, customs and other types of cooperation.

International economic law consists of sub-branches: international trade law; international financial law, international investment law, international banking law, international customs law and some others.

Among the principles of the MEP, it is necessary to highlight: the principle of non-discrimination; the principle of most favored nation in foreign trade in goods; the principle of the right of access to the sea for states without access to it; the principle of sovereignty over one's own natural resources; the principle of the right to determine one's own economic development; principle of economic cooperation, etc.

Among sources MEPs are distinguished:

- universal contracts - 1988 Convention on International Financial Factoring, 1982 Convention on the International Sale of Goods, International Transport Convention, etc.;

- regional agreements - Treaty on the European Union, 1992 Agreement on the approximation of economic legislation of the CIS member states, etc.;

- acts of international organizations - Charter of Economic Rights and Duties of States 1974, Declaration on the Establishment of a New International Economic Order 1974, etc.;

- bilateral agreements - investment agreements, trade agreements, credit and customs agreements between states.

56.International environmental law: concept, sources, principles.

International environmental law is a set of principles and norms of international law that make up a specific branch of this system of law and regulate the actions of its subjects (primarily states) to prevent, limit and eliminate damage to the environment from various sources, as well as on the rational, environmentally sound use of natural resources. Special principles of international environmental law. Protection environment for the benefit of present and future generations - a general principle in relation to the entire set of special principles and norms of international environmental law. Environmentally sound management of natural resources: sustainable planning and management of the Earth's renewable and non-renewable resources for the benefit of present and future generations; long-term planning environmental activities with an environmental perspective; grade possible consequences activities of states within their territory, zones of jurisdiction or control for environmental systems beyond these boundaries, etc. The principle of inadmissibility radioactive contamination of the environment covers both military and peaceful areas of use nuclear power. The principle of environmental protection systems of the World Ocean obliges states to: take all necessary measures to prevent, reduce and control pollution of the marine environment from all possible sources; not to transfer, directly or indirectly, damage or danger of pollution from one area to another and not to transform one type of pollution into another, etc. The principle of military prohibition or any other hostile use of environmental media in concentrated form expresses the obligation of States to take all necessary measures to effectively prohibit such use of environmental media that have widespread, long-term or serious consequences as a means of destruction, damage or harm to any to the state. The principle of control over compliance with international treaties on environmental protection provides for the creation, in addition to the national one, of an extensive system of international control and monitoring of environmental quality. The principle is international-legal liability of states for environmental damage provides for liability for significant damage to environmental systems beyond national jurisdiction or control. In accordance with Art. 38 of the Statute International Court of Justice UN sources of international environmental law are:

- international conventions, both general and special, both multilateral and bilateral, laying down rules expressly recognized by the disputing States; - international custom as evidence of a general practice recognized as a rule of law; - general principles of law recognized by civilized nations; auxiliary law, i.e. court decisions and the work of the most famous and qualified lawyers in various countries; decisions that are advisory in nature and not legally binding international conferences and organizations (“soft law”). Contract law (international treaties) in the field of environmental protection and natural resource management regulates a wide variety of areas, is highly developed, contains clearly expressed and clearly formulated environmental rules meaningful behavior, expressly recognized by the states party to the treaty. The sources of international environmental law are divided:- on are common(UN Charter), conventions general regulating, along with other issues, environmental protection (UN Convention on maritime law 1982);– special, dedicated directly to the establishment of binding rules for the protection of climate, flora, fauna, ozone layer, atmospheric air, etc.

International economic law is a branch of modern international law, representing a set of principles and norms that regulate relations between subjects of international law. International economic law consolidates and stabilizes already established economic relations, promotes change or restructuring of outdated, unequal relations. When implementing international economic relations, states implement their sovereign rights. The norms of international economic law promote their unhindered implementation and equal cooperation between states without any discrimination. A similar meaning in understanding the content of international economic law follows from an analysis of the provisions of the Declaration on the Establishment of a New International Economic Order and the Charter of Economic Rights and Duties of States, adopted by the UN General Assembly in 1974, although in essence these documents are declarative in nature.

The norms of international economic law as a branch of international law regulate interstate relations of public order. But states themselves rarely enter into international economic relations. The bulk of economic relations are carried out with the participation of other entities - economic entities of various states, which are not subjects of public international law, but at the same time take into account the norms of international economic law when carrying out their cooperation. In addition, states, adopting their internal acts regulating foreign trade and other types of external economic activity, take into account the current norms of international economic law. Thus, the Russian Federation, while preparing to join the World trade organization, on many issues of foreign economic activity, brought its legislation into compliance with the requirements of the WTO. This is reflected in the wording of the rules of the Federal Law “On the Fundamentals of State Regulation of Foreign Trade Activity” of 2003, the Federal Law “On Special Protective, Anti-Dumping and Compensatory Measures for the Import of Goods” of 2003, Customs Code Russian Federation, adopted in 2003, fourth part Civil Code RF, in a number of other acts. When implementing foreign economic cooperation between business entities in Russia, it is necessary to take into account regional norms,

included in international economic law. For Russian subjects Among such norms, the rules adopted within these organizations, such as European Union and CIS. Therefore, when developing the latest Russian legislation in the field of economic management, these rules were taken into account. In particular, this can be seen in the wording of the Federal Law “On Protection of Competition” of 2006, in the new edition of the Federal Law “On Leasing”, etc. It should be borne in mind that if on any issues Russian legislation and international norms economic contracts do not coincide, then taking into account clause 4 of Art. 15 of the Constitution of the Russian Federation, the norms of international treaties will have priority. For example, according to the norms of Russian tax legislation, foreign investors have a national legal regime when they carry out investment activities on the territory of the Russian Federation. At the same time, Russia is a party to a fairly large number of multilateral and bilateral treaties in the field of investment, as well as tax treaties. If these treaties do not provide for a national tax regime, but a preferential or most favored nation regime, the norms of the international treaty will be applied.

Based on the foregoing, it should be emphasized that the norms of international economic law can act directly in regulating international economic relations, and they also have a significant impact on the development of domestic legislation.

International economic law is aimed not only at regulating cooperation between entities on economic issues. Its task is to assist in the establishment and development of a sustainable economic legal order and ensure international economic security. In the Declaration on the Establishment of a New International Economic Order, adopted in 1974, states declared their determination to immediately make efforts to establish a new international economic order. Its establishment must be based on justice, sovereign equality, interdependence, community of interests and cooperation of all states. The adoption of the Declaration was important primarily for developing countries. It seems that at the present stage, many provisions of the Declaration remain relevant, since the gap between developed countries and underdeveloped countries still remains, the standard of living differs in different countries, which to some extent can be explained by non-compliance with the principles formulated in the Declaration in full, remains The problem of control over the activities of TNCs remains unresolved. Failure to comply with them does not fully ensure international economic security as a component of a comprehensive system of international security.

More on the topic The concept of international economic law, its place in the legal system:

1. 2. The concept of tax law and its place in the system of Russian law
2. § 2. The concept of budget law: subject, place in the system of financial law
3. § 1. The content of international cooperation in law enforcement, the place and role of international law in its regulation

In a modern MP, there are norms devoted to issues of economic cooperation. The volume of regulation and the qualitative originality of the subject of regulation indicate that a branch has been formed in international economic law.

Without going into a discussion about the concept and content of international economic law (M. M. Boguslavsky, G. M. Velyaminov, I. N. Gerchikova, etc.), we note the following.

In our opinion, international economic law is a set of international legal principles and norms governing relations between small business entities regarding the movement of finance, goods, services, as well as corresponding relations that arise within small business entities.

International relations in the economic sphere are extremely diverse. The rules of international economic law, in particular, regulate:

• 1) activities of international organizations in the field of economics ( constituent documents ASEAN, Charter of the International Bureau of Containers, Agreement on the Establishment of the WTO 1994, Agreement on the Establishment of the Interstate Economic Committee of the Economic Union 1994, etc.);
• 2) financial and credit relations:
  • a) trade and economic cooperation (Agreement between the governments of Russia and Argentina on trade and economic cooperation (1993), Agreement between the governments of Russia and Bahrain on trade, economic cooperation (1999), etc.);
  • b) international payments and loans (Agreement between the Government of the Russian Federation and the Government of Nicaragua on the settlement of the debt of the Republic of Nicaragua to Russian Federation for previously provided loans (2004), Agreement between the Government of the Russian Federation and the Government of Cuba on the provision of a state loan to the Government of the Republic of Cuba (2009), etc.);
• 3) issues of currency regulation and control (Agreement between the Government of the Russian Federation and the Northern Investment Bank on financial cooperation (1997), Agreement between the governments of the CIS countries on uniform principles for the implementation of currency control by the customs services of the CIS member states (1995));
• 4) tax relations (Agreement between the USSR and Switzerland on tax issues (1986), Agreement between the Government of the Russian Federation and the Government of Greece on cooperation and exchange of information in the field of combating violations of tax legislation and other related economic crimes (2000) and etc.);
• 5) customs relations (Customs Convention on the A.T.A. Carnet for the Temporary Import of Goods (A.T.A. Convention) (Brussels, December 6, 1966), Customs Convention on the International Transport of Goods Using a TIR Carnet (Convention MD11) (Geneva, November 14, 1975), etc.);
• 6) scientific and technical cooperation (Agreement between the governments of Russia and Estonia on cooperation in the field of standardization, metrology and certification (1994), Agreement between the Government of the Russian Federation and the European Community on cooperation in the field of science and technology (2000), etc. );
• 7) investments (Convention on the Establishment of a Multilateral Investment Guarantee Agency (Seoul, 1985), Treaty of the USSR and Germany on the Promotion and Mutual Protection of Investments (1989), etc.);
• 8) international transport (Agreement on International Passenger Transport (1951), Convention on Civil Liability for Damage Caused during the Transport of Dangerous Goods by Road, Rail and Inland Waterways (CRTD) (Geneva, October 10, 1989));
• 9) international trade in goods, services, intellectual property rights (Convention on the Limitation Period in the International Sale of Goods (New York, June 14, 1974), Agreement on Measures to Regulate Access to the Markets of Member States customs union goods and services from third countries (2000), etc.).

The sources of international economic law are, first of all, international treaties. However, international customs play a major role in international economic law. Thus, the provisions of the Charter of Economic Rights and Duties of States (December 12, 1974), approved by the UNGL resolution, “live” as ordinary norms. The custom is the principle of granting special rights and advantages to landlocked states, the principle of most favored nation in trade.

Almost all groups of relations that are the subject of regulation by international economic law are also regulated by acts adopted by the bodies of international organizations. As an example, we can name: regulations and directives of EU institutions (Directive of the European Parliament and the Council of the EU on international credit transfers of 1997, etc.), UNCTAD acts (Principles defining international trade relations and trade policies promoting development (1964) ), CIS bodies (Decision of the Council of Heads of Government of the CIS on cooperation and coordination of the activities of member states of the Commonwealth of Independent States in the field of organizing an integrated foreign exchange market (2003)), documents of the Council on Railway Transport (Rules for the transportation of dangerous goods by rail (April 5 1996)), etc.

The decisions of international judicial bodies - the EU Court of Justice (see Chapter 18), the Economic Court of the CIS (Chapter 17) - have a certain significance for international economic law.

The norms of international economic morality are found in international documents of a general nature (treaties on friendship and cooperation, navigation, cooperation in outer space exploration, etc.).

The norms of international economic law are subject to the basic principles of international economic law. They set general rules relations between states in the international arena. It is possible to single out the “economic component” of the basic principles of MP. Thus, the principle of non-interference in internal affairs contains a ban on the economic blockade of other states and discriminatory measures in relation to foreign goods and technologies. Protectionism, dumping and illegal export subsidies are unacceptable.

As for the special principles of international economic law, the Declaration on the Establishment of a New International Economic Order (May 1, 1974) laid the basis for their classification. In the domestic science of MP there are several approaches to their definition. Without setting ourselves the goal of exploring all aspects of this issue, we can highlight the following: principles of international economic law:

1) the principle of sovereignty of states over their natural resources and economic activities. Every country has the right to adopt the economic and social system which it considers most suitable for its own development and shall not be subject to any kind of discrimination.

States freely own, use and dispose of natural resources under their jurisdiction. They regulate, without outside interference, the activities of foreign enterprises and establish a regime for foreign investment. To protect these resources, each State has the right to exercise effective control over them and over their exploitation by means appropriate to its position, including the right of nationalization or transfer of possession to its citizens, which right is an expression of the full inherent sovereignty of that State. Regulation and supervision of the activities of multinational corporations by taking measures in the interests of the national economies of the countries in which such multinational corporations operate, on the basis of the full sovereignty of these countries. No State shall be subjected to economic, political or any other form of coercion to prevent the free and full exercise of this inalienable right;

• 2) the principle of equality and non-discrimination in the economic sphere. This principle means the right of the state to provide it with equal conditions in economic relations with other countries. Full and effective participation on the basis of equality of all countries in resolving world economic problems in the common interests of all countries, taking into account the need to ensure the accelerated development of all developing countries, while at the same time devoting Special attention taking special measures for the benefit of least developed, landlocked and island developing countries, as well as developing countries most seriously affected by economic crises and natural disasters without losing sight of the interests of other developing countries. The restrictions introduced (if they are not sanctions) must apply to all states. However, it is not considered discrimination to provide preferences to developing countries. In addition, it is acceptable special conditions for countries belonging to economic unions, for cross-border trade, etc.;
• 3) the principle of cooperation in the economic sphere follows from general norm MP about cooperation. States must cooperate in solving world economic problems. They independently choose counterparties in trade relations, participate in interstate economic organizations and alliances, provide favorable conditions for the transfer of financial resources to developing countries. The cooperation of all member states of the international community must be based on justice, through which the prevailing imbalances in the world can be eliminated and prosperity can be ensured for all. It is envisaged that the entire international community will provide active assistance to developing countries without any political or military conditions. Ensures that developing countries have access to advances modern science and technology and to promote the transfer of technology and the creation of indigenous technology for the benefit of developing countries in forms and according to procedures appropriate to their economies. The main direction of cooperation is the liberalization of international trade, financial, credit, and customs policies. In addition, there is a tendency towards the unification of international trade;
• 4) the principle of mutual benefit is that states have the right to a fair distribution of benefits and material costs. There must be a fair and equitable relationship between the prices of raw materials, commodities, finished goods and semi-finished goods exported by developing countries and the prices of raw materials, commodities, manufactured goods, capital goods and equipment imported by them, in order to support and expand the world economy .

In addition, we can highlight special principles of cooperation between states in various areas of economic activity (in customs, in tax relations, in the field of investment, etc.), in economic unions and organizations.

International economic law began to develop dynamically only in the second half of the 20th century. due to the understanding that the liberal approach to the regulation of international economic relations, which provided for complete freedom and deregulation of the actions of economic entities, is not so effective and does not take into account the interests of the world community as a whole and, in connection with this, there is a need to create international institutional mechanisms and legal norms for coordinating international economic cooperation between states.

International economic law is a branch of public international law that regulates economic relations between states and other subjects of public international law.

The subject of international economic law is interstate economic, in a broad sense, commercial relations, as well as international economic cooperation of states, international organizations and other subjects of international public law in various spheres of the world economic activity: international trade, international monetary, financial and credit relations, international investment relations, international customs relations, relations of international economic assistance, in the field of transport, communications, energy, intellectual and other property, tourism, etc.

A feature of international economic law as an independent branch of international law is its complex nature, which is determined by the close interdependence in this area of ​​public law and private law regulatory mechanisms.

It is important that one of the first in 1928 to propose the concept of international economic law as a special regulator of international economic relations, on the basis of modern international economic law, was the outstanding Ukrainian international lawyer V. M. Koretsky, who at one time was the vice-president of the International Court UN in The Hague.

International economic law is based on the norms and principles of public international law; it also has its own system and constituent elements, industries and institutions. Depending on the scope of legal regulation, the following branches of international economic law are distinguished:

International trade law, within the framework of which the legal regulation of trade is carried out not only in goods, but also in services, intellectual property rights, etc.;

International financial law, which regulates the transnational movement of capital through settlement, currency, and credit relations;

International investment law, which is closely related to international financial law and regulates relations in the field of foreign investment;

International labor law, which regulates public legal relations in the field of movement of international labor resources;

International transport law, which regulates relations in the field of international economic cooperation on the use of different types transport.

Separately, we can also mention branches of international economic law that regulate relations in the sphere of regional economic integration(in particular European), industrial, agricultural and scientific and technical cooperation.

The modern system of international economic law, like other branches of law, includes General and Special parts. The sub-sectors mentioned above constitute a Special Part of International Economic Law.

in turn, the general part of international economic law consists of international legal institutions that define the subject, sources and special (sectoral) principles of international economic law, legal status states, international organizations and other subjects of international economic law, features of responsibility and the application of sanctions in international economic law, as well as other general principles of the formation of a modern international economic legal order.