The essence of this principle is the rule that the maintenance of international legal order is possible and can be ensured only with full respect for the legal equality of the participants. This means that each state is obliged to respect the sovereignty of other participants in the system, i.e. their right, within their own territory, to exercise legislative, executive, administrative and judicial power without any interference from other states, as well as to independently pursue their foreign policy. The sovereign equality of states forms the basis of modern international relations, which is enshrined in paragraph 1 of Art. 2 of the UN Charter, which states: “The Organization is founded on the principle of the sovereign equality of all its members.”

This principle is also enshrined as fundamental in the charters of international organizations of the UN system, in the constituent documents (charters) of the vast majority of regional international organizations, in multilateral and bilateral agreements of states and international organizations, and in legal acts of international organizations.

In modern international law, this principle is most fully reflected in the Declaration of Principles of International Law concerning Friendly Relations and Cooperation between States in accordance with the UN Charter. This principle was later developed in the Declaration of Principles of the Final Act of the Conference on Security and Cooperation in Europe, the Final Document of the Vienna Meeting of Representatives of the States Parties to the Conference on Security and Cooperation in Europe in 1989, the Charter of Paris for a New Europe in 1990 and a number of other documents.

The main social purpose of the principle of sovereign equality is to ensure equal participation in international relations of all states, regardless of differences of an economic, social, political or other nature. Since states are equal participants in international communication, they all have fundamentally the same rights and responsibilities.

According to the Declaration of Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations of 1970, the concept of sovereign equality includes the following elements:

1) states are legally equal;

2) each state enjoys the rights inherent in full sovereignty;

3) each state is obliged to respect the legal personality of other states;

4) the territorial integrity and political independence of the state are inviolable;

5) every state has the right to freely choose and develop its political, social, economic and cultural systems;

6) each state is obliged to fully and conscientiously fulfill its international obligations and live in peace with other states.

In the Declaration of Principles of the CSCE Final Act, states committed themselves not only to respect the principle of sovereign equality as set out in the UN Charter and the 1970 Declaration, but also to respect the rights inherent in sovereignty. Thus, in relations among themselves, states must respect differences in historical and socio-political development, diversity of positions and views, internal laws and administrative rules, the right to determine and exercise, at their own discretion and in accordance with international law, relations with other states, the right to belong to international organizations, to be or not to be parties to bilateral and multilateral treaties, including union treaties, as well as the right to neutrality.

At the same time, it should be noted that the legal equality of states does not mean their actual equality, which is taken into account in real international relations. One example of this difference is in the status of permanent and non-permanent members of the UN Security Council.

Sovereignty is an integral property of the state. Thus, no state, group of states or international organization can impose the rules of international law they create on other states. The inclusion of a subject of international law in any system of legal relations can be carried out only on the basis of voluntariness.

Currently, the following trend is observed: states transfer part of their powers, which were previously considered integral attributes of state sovereignty, in favor of the international organizations they create. For example, in a number of international organizations, the founding states moved away from the previously used principle of formal equality in voting (one country - one vote) and adopted the so-called weighted voting method, according to which the number of votes a country has depends on the size of its contribution to the organization’s budget and other circumstances.

The aforementioned 1970 Declaration of Principles of International Law emphasizes that, in interpreting and applying the principles set out therein, they are interrelated and each principle must be considered in the context of all others. Thus, there is a close connection between the principle of sovereign equality of states and their duty not to interfere in matters that are essentially within their domestic competence. The concept of the internal competence of a state is controversial in theory, since it depends on the level of development of international relations. Currently, it is customary to correlate internal competence with the international obligations of each specific state.

Sovereignty as a basic property inherent in a state does not mean complete independence of states, much less their isolation, since they live and coexist in an interconnected world; therefore, it is illogical to talk about absolute, unlimited sovereignty.

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This principle underlies all interstate relations and concerns any spheres of such relations; it occupies a special place in the system of principles, in a certain sense creating a legally favorable basis for the formation of other principles and their normal functioning. This is one of the cornerstones of international law and the international legal order. Modern world consists of states of different sizes, geographical location, the composition and size of the population, the nature and composition natural resources, level of development, political influence, economic strength, military power etc. In these conditions, maintaining a certain balance and ensuring cooperation is possible to a large extent due to the existence of the legal principle of sovereign equality of states. The state monitors its compliance especially carefully.

A little history: This principle dates back to the Middle Ages, when monarchs sought to legally equalize their international status. For this purpose, the legal formula of ancient Roman jurists was borrowed: par in parem non habet imperium (an equal has no power over an equal). It was based on the principle of equality of monarchs - sovereigns.

The modern international community recognizes sovereignty as an integral property of every state and the most important basis for the existence of the international legal order.

This principle developed as an international legal custom and was subsequently enshrined in the UN Charter (Article 2), the Final Act of the CSCE on August 1, 1975, the Final Document of the Vienna Meeting of Representatives of the CSCE Participating States in 1989, the Charter of Paris for a New Europe of 1990, the Charter economic rights and obligations of states, in the charters of international organizations of the UN system, regional international organizations, in many bilateral and multilateral agreements, the Final Document of the World Summit dedicated to the 60th anniversary of the UN in 2005.

The entire international community is based on the principle of the sovereign equality of all states. Only mutual respect by states for each other's sovereign equality ensures their cooperation and the maintenance of international legal order.

The Declaration of Principles of International Law points to the following elements of the principle of sovereign equality of States:

States are equal legally, those. have equal fundamental rights and obligations, the right to participate in international treaties and organizations;

Each state enjoys the rights inherent in full sovereignty, i.e. independently exercises legislative, executive and judicial power on its territory, builds international relations at its own discretion;

Every state is obliged to respect legal personality other states;

- territorial integrity and political independence b states are inviolable;

Every state has the right to freely choose and develop its political, social, economic and cultural systems;

Every State has a duty in good faith fulfill its international obligations and live in peace with other states.

In the CSCE Final Act, states committed themselves not only to uphold the principle of sovereign equality, but also to respect the rights inherent in sovereignty.

In their mutual relations, states must respect differences in historical and socio-political development, diversity of positions and views, internal laws and administrative rules, the right to determine and implement, at their own discretion and in accordance with international law, relations with other states. States have the right to belong to international organizations, to be or not to be parties to international treaties, including union treaties, as well as the right to neutrality.

The principle of sovereign equality of states, as it were, breaks down into two principles - the principle sovereignty and principle equality of states.

Sovereignty- This is the sovereignty of the state within the country and independence outside.

The sovereignty of states, according to the theory of the social contract (J. LOCKE, T. HOBBS, J.-J. RUSSO), is a secondary phenomenon. Sovereignty belongs to the people (primary sovereignty). The people, in the general interests of the social contract - the constitution - transfer to the state part of their rights inherent in sovereignty. Thus, the sovereignty of the state is secondary sovereignty.

It follows from this that the people themselves determine how to live, what kind of power to have, what kind of social system to build and in what direction to develop it. The state is the representative of the people, which is obliged to express their will. State sovereignty extends not only within the territory, but also to objects and actions of individuals/legal entities of the state outside its territory (to the extent and extent provided for by international law).

Sovereignty does not mean complete freedom of action, much less their isolation, since they live and coexist in an interconnected world. The freedom of action of states is limited by law - international law. International law– is a tool for “docking” and ensuring “sovereignties”.

On the other hand, an increase in the number of issues that states voluntarily subject to international regulation does not mean their automatic removal from the sphere of domestic competence.

The need to respect the rights inherent in sovereignty is especially often pointed out in connection with the achievements of scientific and technological progress, which should not be used to the detriment of other states. This concerns, for example, the danger of military or any other hostile use of means of influencing the natural environment, etc.

States are increasingly transferring part of their powers, which were previously considered integral attributes of their sovereignty, to international organizations. This happens for various reasons, including due to an increase in the number global problems, expansion of areas of cooperation and, accordingly, an increase in the number of objects of international legal regulation. But by transferring part of their powers to organizations, states do not limit sovereignty, but, on the contrary, exercise one of their sovereign rights - the right to conclude treaties. By concluding an agreement, the state exercises sovereignty and limits freedom of action, but not its sovereign rights. Moreover, the treaty opens up new opportunities for the state that exceed the agreed restrictions. Otherwise, states would not enter into legal relations.

EXAMPLE: In the decision of the Permanent Court of International Justice ( predecessor of the International Court of Justice, operated within the framework of the League of Nations) in the Wimbledon case (1923) it was said: “The House refuses to see in the conclusion of any treaty ... a renunciation of sovereignty.”

In addition, states, as a rule, reserve the right to control the activities of international organizations.

Quite often the opinion is expressed that sovereignty is incompatible with international law. Meanwhile, thanks to sovereign power, states are able to create norms of international law, give them binding force and ensure their implementation within the country and in international relations.

International law ceases to protect the sovereign rights of states in which an anti-democratic regime tramples human rights. The state does not have the right to issue laws that violate human rights and people. Violation of a peremptory norm by a bilateral treaty is a matter for all states.

Part of the principle of sovereign equality of states is also the immunity of a state (its persons and things) from the jurisdiction of another state by virtue of the principle “equal has no power over equal.”

Equality means that every state is a subject of international law. States interact with each other as equals, despite their actual inequality. Yes, one state is large, the other is smaller; one state is economically powerful, the other is still developing; one state has many international treaties and international obligations arising from them, the other has fewer; But legally they are equal in rights, equal before international law, have an equal ability to create rights for themselves and accept responsibilities.

All states have the right to participate in solving international problems in which they have a legitimate interest. At the same time, states do not have the right to impose established international legal norms on other states.

At the same time, there is no reason to simplify the problem of ensuring equality. The entire history of international relations is permeated with the struggle for influence, for dominance. And today this trend is harming cooperation and law and order. Many scientists believe that the equality of states is a myth. No one, including me, will deny the actual inequality of states, but this is only emphasizes the importance of establishing their legal equality. People are also unequal in their capabilities, but this does not raise doubts about the meaning of their equality before the law.

PROBLEM: Are certain international legal regimes, say, for example, the position of permanent members of the UN Security Council, a violation of the principle of sovereign equality?

(A COMMENT: the number of members of the Security Council is 15. To make decisions on substantive issues nine votes are required, including the concurring votes of all five permanent members. This - the rule of "unanimity of the great powers", often called the "veto power" ( China, Russian Federation, United Kingdom, United States and France ) ),

status nuclear powers under the Treaty on the Non-Proliferation of Nuclear Weapons of 1968,

(A COMMENT : The Treaty establishes that a nuclear-weapon State is one that has produced and detonated such a weapon or device. before January 1, 1967(i.e. USSR, USA, UK, France, China). The treaty consists of a preamble and 11 articles. The most important are Art. I and II containing main obligations nuclear and non-nuclear states. Art. I obliges states possessing nuclear weapons not to transfer these weapons and control over them to non-nuclear states, and not to assist them in their production or acquisition; Art. II obliges the non-nuclear participants in Denmark not to accept transfers of nuclear weapons from anyone, not to produce them, and not to seek anyone’s help for these purposes. Art. Treaty III talks about guarantees for non-nuclear states to comply with their obligations not to produce their own nuclear weapons; verification of compliance with their obligations rests with the International Atomic Energy Agency. However, the agreement provides that the required guarantees must not interfere with the economic development of States or international cooperation in the field of the use of nuclear energy for peaceful purposes and obliges its participants to exchange equipment, materials, scientific and technical information for these purposes, to facilitate the receipt of benefits by non-nuclear states from any peaceful use nuclear explosions (ї 3, art. III, IV and V)),

(A COMMENT : The IMF operates on the principle of a “weighted” number of votes: the ability of member countries to influence the activities of the Fund through voting is determined by their share in its capital. Each state has 250 “basic” votes, regardless of the size of its contribution to the capital, and an additional one vote for every 100 thousand SDR of the amount of this contribution. This procedure ensures a decisive majority of votes for the leading states).

Reflecting the real state of affairs, international law in exceptional cases, allows inequality in rights, but at the same time associates special rights with additional responsibilities. All of the above examples concern specific rights, not sovereign rights. The sovereign status of all states is the same.

In my opinion, these exceptions only confirm the rule and there is no violation of the principle of sovereign equality of states. These are legitimate exceptions to it. Exceptions agreed between states and enshrined in international law, carrying additional responsibilities and special responsibility of states. A legitimate exception to this principle should be considered common system preferences, which provides special benefits and advantages to developing and least developed countries in international trade.

EXAMPLE:

The World Bank provides loans only to poor countries.

Such a system is seen as a way to move from formal equality of states to actual equality.

Much also depends on the legal activity of the state. Other than that equal conditions more active participation in international legal relations gives the state a wider range of rights and legal opportunities. The reality of a state's sovereign equality depends to a large extent on the consistency with which it defends it. Sovereign equality must be carried out taking into account the legitimate interests of other states and the international community as a whole. It does not give the right to block the will and interests of the majority.

Equality of legal status of states means that all norms of international law apply to them equally and have equal binding force. States have equal capacity to create rights and assume obligations. According to the International Court of Justice, equality also means equal freedom in all matters not regulated by international law.

All states have an equal right to participate in solving international problems in which they have a legitimate interest. The 1974 Charter of Economic Rights and Responsibilities of States states: “All states are legally equal and, as equal members of the international community, have the right to participate fully and effectively in international decision-making...”

At the same time, we should not close our eyes to reality. The actual influence of major powers on the rule-making process is palpable.

EXAMPLE: Thus, the regime of outer space was determined by them. The creation of arms limitation treaties depends on them. On this basis, some scholars express the opinion that equality is characteristic of the law enforcement stage than at the stage of creating norms of international law. However, international acts and international practice increasingly recognize the equal right of all states to participate in the rule-making process. In addition, acts created at the initiative of major powers must take into account the interests of the international community as a whole.

Legal tools ensuring the principle of sovereign equality in various areas are “principles-standards”: the principle of reciprocity, the principle of non-discrimination, the principle of granting most favored nation treatment, the principle of granting national treatment and others.

CONCLUSION: As long as sovereign states exist, this principle will remain the most important element of the system of principles of international law. Strict adherence to it ensures the free development of every state and people. Sovereign equality is only real within the framework of international law.

It is the initial principle of international law and combines two important properties: sovereignty and equality with other states. This principle assumes that states are legally equal, enjoy the rights inherent in full sovereignty, and are obliged to respect the legal personality of other states; the territorial integrity and political independence of states are inviolable, each state has the right to freely choose its political, economic and social systems, each state is obliged to fully and voluntarily fulfill its international obligations.

2. The principle of non-use of force or threat of force. Each state is obliged to refrain in its international relations from the threat or use of force against the territorial integrity and political independence of other states.

3. The principle of non-interference in the internal affairs of other states. No state or group of states has the right to interfere directly or indirectly in the internal or external affairs of other states. No State has the right to promote or encourage such measures as are aimed at subordinating one State to another State.

4. The principle of peaceful resolution of international disputes. According to this principle, states are obliged to resolve disputes arising between them exclusively by peaceful means, so as not to jeopardize peace and international security.

5. Principle conscientious fulfillment international obligations.

6. The principle of international cooperation between states. States are obliged, regardless of differences in their political and economic systems, to cooperate with each other in order to maintain international peace and security, to promote economic progress in the world.

7. The principle of equality and self-determination of peoples. All peoples have the right to freely determine their political status, carry out their economic and cultural development, and freely make decisions on the creation of their own state.

8. The principle of territorial integrity of states. States must renounce the forcible dismemberment of the territory of other states, the separation of any parts of it, as well as the right of each state to freely dispose of its territory.

9. The principle of the inviolability of state borders. States must renounce any territorial claims and agree to the existing territorial distribution in the world.

10. The principle of respect for human rights and freedoms.

System of international law is a set of interrelated principles and norms governing international legal relations.

The system of international law includes, on the one hand, general legal principles and legal norms, on the other – industries as homogeneous sets of norms and intra-industry institutions.

Thus, the system of international law can be divided into the following categories:

1) generally recognized principles of international law, which form its core and are fundamental to the international legal mechanism for regulating relations;

2) norms of international law, which are generally binding rules of relations between states or other subjects of international law;

3) institutions common to international law, which are complexes of norms for a specific functional purpose. Institute of International Law on international legal personality, on international law-making, on international responsibility, on the succession of states;

4) branches of international law, which are the largest structural divisions of the system of international law and regulate the most extensive areas of social relations.

Branches of international law can be classified on various grounds.. Branches in international law can be distinguished both on the grounds adopted in domestic law, and on specific grounds of an international legal nature. The generally recognized branches of international law include the law of international treaties, the law of external relations, the law of international organizations, the law international security, international maritime law, international space law, international security law environment, international humanitarian law.

The branch of international law may include sub-branches, if the industry regulates a wide range of relations, the institutions of this industry, which are mini-complexes for regulating any individual issues.

The sub-sectors in the law of international relations are consular and diplomatic law, the institutions of this branch of law are the institutions of formation of missions, the functions of missions, immunities and privileges of diplomatic missions, in the law of armed conflicts - groups of norms regulating regimes of military occupation, military captivity.

From the above it follows that system of international law is a set of interrelated elements, generally recognized principles, legal norms, as well as institutions of international law.

Various combinations of these elements form branches of international law.

International law and domestic law do not exist in isolation from each other. Rule-making activities in international law are influenced by national legal systems. International law, in turn, influences domestic legislation. In some countries, international law is an integral part of national legislation. So, according to Part 4 of Art. 15 of the Constitution of the Russian Federation “generally recognized principles and norms of international law and international treaties Russian Federation are an integral part of its legal system." The laws of many countries provide that in the event of any conflict between legal provisions and international obligations, international obligations shall prevail.


Related information.


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    • The concept of international law and its features
    • Rules of international law
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      • Creation of international law
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    • International legal relations
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General principles of interstate cooperation

TO general principles interstate cooperation includes the following.

The principle of sovereign equality of states

The principle of sovereign equality of states includes respect for the sovereignty of all states and their equality in international relations. These two components of this principle can also be considered as independent principles of international law.

The principle of sovereign equality of states is enshrined in the UN Charter, paragraph 1 of Article 2 of which states: “The Organization is based on the principle of sovereign equality of all its members.”

The interpretation of this principle is given in many international documents, primarily in the Declaration of Principles of International Law of 1970 and in the Final Act of the Pan-European Conference of 1975.

The principle of sovereign equality of states was formed during the transition from feudalism to capitalism and became one of the basic principles of international law. However, in the old international law, along with the principles of respect for state sovereignty, there were principles that sanctioned its violation, primarily the right of a state to war. In addition, the principle of sovereign equality, like other principles of international law, applied only to civilized states. It was not applied, at least in full, to the states of the East, where “civilized” states did not take into account the sovereignty of these states (protectorates, interference in internal affairs, foreign settlements, consular jurisdiction, unequal treaties, etc.).

In modern international law, the content of the principle of sovereign equality of states has expanded.

It includes the following provisions:

  1. each state is obliged to respect the sovereignty of other states;
  2. each state is obliged to respect the territorial integrity and political independence of other states;
  3. each state has the right to freely choose and develop its political, social, economic and cultural systems;
  4. all states are legally equal. They have the same rights and responsibilities as members of the international community, regardless of the differences in their economic, social, political systems;
  5. every state is a subject of international law from the moment of its emergence;
  6. every state has the right to participate in resolving international issues that in one way or another affect its interests;
  7. each state has international conferences and in international organizations with one voice;
  8. States create rules of international law through agreement on an equal basis. No group of states can impose international legal norms created by it on other states.

Naturally, the legal equality of subjects of international law does not mean their actual equality. There is a certain contradiction between the principle of sovereign equality of states and their actual inequality. This contradiction from the point of view of the principles of democracy is especially pronounced at international conferences and in international organizations, where states with a small population and states with a population a thousand times larger each have one vote. Nevertheless, the principle of sovereign equality of states is one of the cornerstones of all international system and ranks first among the principles of the UN Charter.

Since the existence of independent states continues to be a pattern of social development, the principle of their sovereign equality is one of the manifestations of this pattern. It aims to ensure the free development of each state, against the policy of dictatorship and subordination, and serves as a shield for small states. The principle in question ensures the equal participation of each state in resolving international affairs.

At the same time, the principle of sovereign equality is a guarantee for large states, protecting them from the imposition of the will of small states that have numerical superiority in modern general international organizations.

The principle of non-interference

The principle of non-interference, closely related to the principle of sovereign equality of states, developed in international law in parallel with it.

The principle of non-interference is enshrined in the UN Charter (Clause 7, Article 2). An authoritative interpretation of this principle is given in a number of resolutions of the UN General Assembly on the inadmissibility of interference in the internal affairs of states, in the Declaration of Principles of International Law of 1970, in the Final Act of the Pan-European Conference of 1975. According to the UN Charter, interference in matters essentially included in the internal affairs of states is prohibited. competence of any state.

The concepts of “internal affairs of a state” or “matters essentially within the internal competence of any state” are not territorial concepts. Not everything that happens on the territory of a given state relates to its internal affairs, for example, an attack on a foreign embassy, ​​the status of which is determined by international law. At the same time, many relations that go beyond the territorial boundaries of the state essentially constitute its internal competence. Thus, an agreement concluded between two states, if it does not affect the rights and interests of third states, relates to the internal affairs of the contracting parties, in which the third state, in principle, has no right to interfere.

According to the 1970 Declaration, the principle of non-interference means the prohibition of direct or indirect interference for any reason in the internal or external affairs of any state.

According to this Declaration, this principle includes the following:

  1. prohibition of armed intervention and other forms of intervention or threat of intervention directed against the legal personality of a State or against its political, economic and cultural foundations;
  2. prohibition of the use of economic, political and other measures with the aim of achieving the subjugation of another State in the exercise of its sovereign rights and receiving any advantages from it;
  3. prohibition of organizing, encouraging, assisting or allowing armed, subversive or terrorist activities aimed at changing the system of another state through violence;
  4. prohibition of interference in internal struggles in another state;
  5. prohibition of the use of force to deprive peoples of the right to freely choose the forms of their national existence;
  6. the right of a state to choose its political, economic, social and cultural system without interference from other states.

The content of the concept of “matters essentially within the internal competence of any state” changed with the development of international law. In the process of such development, there are more and more cases that, to a certain extent (and, as a rule, not directly, but through the internal law of states) fall under international legal regulation, therefore, cease to relate exclusively to the internal competence of states. For example, the position of individuals, which until recently was completely regulated by domestic law, now falls under international legal regulation. Although it mainly continues to fall within the internal competence of states.

The principle of equality and self-determination of peoples

The origin of the principle of self-determination of peoples (nations) dates back to the period of bourgeois revolutions. However, this principle has not become generally accepted even within the framework of European international law. The existence of the colonial system, as well as some European multinational empires, was in sharp contradiction with the principle of self-determination of nations.

The principle of self-determination of nations and peoples, put forward by the October Revolution, was understood much more broadly. It applied to all the peoples of the world (see Decree on Peace). This principle was actually directed, first of all, against the colonial system. Therefore, he met strong resistance from the colonial powers. As a result, this principle only became a norm of general international law almost 30 years later.

The broad democratic and national liberation movement caused by the fight against fascism in World War II ensured the inclusion of the principle of self-determination of peoples in the UN Charter. Although in very general formulations, this principle was reflected in a number of provisions of the Charter and, thus, was enshrined as one of the basic principles of modern international law.

In the post-war period, there was a fierce struggle for the implementation of the principle in question, for its concretization and development. The struggle took place on a broad front, primarily in the vast territories of Africa and Asia, where colonial peoples, one after another, rebelled against foreign domination, in the United Nations, in political and legal doctrines.

When developing human rights covenants at the UN, the colonial powers strongly resisted including in them the principle of self-determination of nations and peoples in a more extensive formulation than that contained in the UN Charter. Some representatives of the foreign doctrine of international law tried to prove that this principle is not a principle of international law at all.

However, as a result of the ongoing changes in the world situation, the principle of self-determination of peoples received further development. This was reflected in a number of international documents, the most important of which are the Declaration on the Granting of Independence to Colonial Countries and Peoples of 1960, Article 1 of the Human Rights Covenants and the Declaration of Principles of International Law of 1970, which provide a detailed definition of the content of the principle of equality and self-determination peoples

  1. all peoples have the right to freely determine, without outside interference, their political status and to pursue their economic, social and cultural development;
  2. all states are obliged to respect this right;
  3. all states are obliged to promote, through joint and independent actions, the exercise by peoples of the right to self-determination;
  4. all states are obliged to refrain from any violent actions that deprive peoples of their right to self-determination, freedom and independence;
  5. in their struggle for independence, colonial peoples can use all necessary means;
  6. The subjection of the people to foreign domination is prohibited.

The principle of self-determination of nations and peoples does not mean that a nation (people) is obliged to strive to create an independent state or a state uniting the entire nation. The right of a nation to self-determination is its right, not its obligation.

It also follows that the principle in question does not prejudge the international legal status of a particular nation (people). A nation (people) has the right to freely associate with another or with other nations (peoples), and in this case, depending on the nature of the association, the corresponding national entity will or will not act in international relations as a subject of international law.

Thus, the creation of a state entity - a subject of international law - should depend on the free decision of the nation itself, the people themselves. As stated in the 1970 Declaration of Principles of International Law, the creation of a sovereign and independent State, free accession to or association with an independent State, or the establishment of other political status freely determined by the people are forms of exercise by the people of the right to self-determination.

Currently, especially due to the collapse Soviet Union and Yugoslavia, the question arose about the relationship between the right of peoples to self-determination and the principle of territorial integrity of states. The 1970 Declaration of Principles of International Law states: “Nothing... shall be construed as authorizing or encouraging any action which would tend to dismember or impair, in whole or in part, the territorial integrity or political unity of sovereign and independent States.”

There is no doubt that every people has the right to freely decide its own destiny. But in a number of cases, this principle is used by extremists, nationalists, eager for power and eager to fragment the existing state. Speaking on behalf of the people, while not having any authority to do so, inciting rabid nationalism and enmity between peoples, they are trying to destroy multinational states. In most cases, such actions contradict the true interests of the peoples of a given state and lead to a severance of economic, family, cultural, scientific, technical and other ties that have developed over centuries, and are also directed against the general integration trend of world development,

The principle of cooperation between states

The principle of cooperation between states is the result of the deepening of the international division of labor, the widespread development of international economic and other relations in the modern era. The economic and political need for cooperation between states to ensure international peace and security, development of productive forces, culture, nature conservation, etc. gave rise to this legal principle.

The principle in question permeates the UN Charter from beginning to end. Article 1, listing the purposes of the Organization, the main of which is the maintenance of international peace and security, states that the UN shall “be the center for coordinating the actions of nations in achieving these common purposes.”

Developing the provisions of the Charter, the Declaration of Principles of International Law of 1970 defines the content of the principle of cooperation between states as follows:

  1. states are obliged to cooperate with each other in various fields of international relations in order to maintain international peace and security, develop international cooperation and progress;
  2. cooperation between states should be carried out regardless of the differences in their political, economic and social systems;
  3. States must cooperate to promote economic growth around the world, especially in developing countries.

The Final Act of the Pan-European Conference of 1975 specifies the content of this principle in relation to the situation in Europe.

The principle of respect for human rights

Certain rules on the protection of human rights appeared in old international law. These included the ban on the slave trade, the provisions of some international treaties on the protection of national minorities, etc. In 1919. The International Labor Organization (ILO) was created, declaring its goal to improve working conditions.

Second World War raised with all its severity the question of the need international protection human rights. The principle of respect for fundamental human rights and freedoms was enshrined, albeit in a very general form, in the UN Charter. In 1948, the UN General Assembly adopted the Universal Declaration of Human Rights, and within the UN, the preparation of international Covenants on Human Rights began, which were adopted by the UN General Assembly in 1966.

The principle of respect for human rights has also been embodied and developed in a number of special conventions adopted within the UN or its specialized agencies.

The 1970 Declaration of Principles of International Law does not contain a principle of respect for human rights, but, as already indicated, the list of principles contained in it is not exhaustive. At present, virtually no one disputes the existence of this principle in general international law.

In the Final Act of the Pan-European Conference of 1975, the name of this principle is formulated as follows: “Respect for human rights and fundamental freedoms, including freedom of thought, conscience, religion and belief.”

The Charter of Paris for a New Europe of 21 November 1990 emphasizes that respect for fundamental human rights and freedoms is “the primary responsibility of government” and that “their respect and full implementation are the basis of freedom, justice and peace.”

  1. all states are obliged to respect the fundamental rights and freedoms of all persons within their territories;
  2. States have an obligation to prevent discrimination on the grounds of gender, race, language and religion;
  3. States have an obligation to promote universal respect for human rights and fundamental freedoms and to cooperate with each other in achieving this goal.

The principle of faithful fulfillment of international obligations

The principle of faithful fulfillment of international obligations is one of the oldest fundamental principles of international law.

This principle is enshrined in the UN Charter. Its preamble emphasizes the determination of UN members “to create conditions under which ... respect for the obligations arising from treaties and other sources of international law can be observed.” The Charter obliges all UN members to conscientiously fulfill the international obligations adopted under the Charter (clause 2 of Article 2).

The principle in question is also enshrined in the Vienna Conventions on the Law of International Treaties of 1969 and 1986, in the Declaration of Principles of International Law of 1970, in the Final Act of the Conference on Security and Cooperation in Europe of 1975 and in many other international legal documents.

This principle applies to all international obligations arising from international treaties and customary norms, as well as from binding decisions of international bodies and organizations (international courts, arbitrations, etc.).

How general norm of international law, this principle includes more specific rules. These include conscientiousness and strict fulfillment of international obligations, the inadmissibility of citing provisions of domestic law to justify their non-fulfillment, and the inadmissibility of accepting obligations in conflict with existing obligations with third states. The principle of faithful fulfillment of international obligations includes the prohibition of arbitrary unilateral refusal or revision of international obligations.

The principle of sovereign equality of states- is the legal basis of modern interstate communication. That is why in the 1970 Declaration this principle is called of paramount and fundamental importance. According to this principle, all states are equal in their rights and responsibilities in the international arena, and have equal opportunities to implement their domestic and foreign policies. It is important to emphasize that current international law establishes an organic connection between the equality of states and such an attribute as sovereignty. Sovereignty in international law refers to the supremacy of a state in its internal affairs and independence in international relations. Sovereignty as a property of state power is equally inherent in any state, therefore we are not talking about the actual equality of states, but only about sovereign equality. States are equal to each other because the sovereignty of each of them is a constant value. Just as people are born equal by virtue of the very fact of belonging to a given biological species, so states are equal by virtue of possessing sovereignty. Therefore, only sovereign states are equal to each other, and sovereignty itself, in turn, is unthinkable without equality of subjects of international relations. This is not sophistry, but a formula for a complex dialectical relationship between sovereignty and legal equality of all states. A number of important consequences follow from this formula. For example, the principle under consideration is not applicable to relations between federal subjects, self-governing political-territorial entities, autonomies and sovereign states, since only the latter have sovereignty in the international legal sense of the word.

The 1970 Declaration names the following elements of the sovereign equality of states:

1) all states are legally equal;

2) each state enjoys the rights inherent in full sovereignty;

3) each state is obliged to respect the legal personality of other states;

4) the territorial integrity and political independence of states are inviolable;

5) each state has the right to freely choose and develop its political, economic and social system;

6) each state is obliged to fulfill its international obligations in good faith.

As can be seen from the above, the principle of sovereign equality of states cannot be considered in isolation from a number of other principles of international law, since sovereignty necessarily presupposes legal personality, free development, political independence, etc.

The Final Act of 1975, revealing the content of the principle of sovereign equality of states, named a number of rights inherent to states by virtue of sovereignty: participation in international treaties, membership in international organizations, exercise of jurisdiction, establishment of diplomatic relations. All of the listed powers (as practice shows, including judicial practice, their list is not exhaustive) are inherent in state sovereignty; the deprivation of any state of any of these rights is recognized as a gross violation of the principle in question. As for the UN Charter, it specifically emphasizes that the United Nations itself and its member states act on the basis of the sovereign equality of all its members.


The consolidation of the principle of sovereign equality of the state is also known in the contractual practice of the Republic of Kazakhstan. For example, Article 1 of the Treaty of Friendship, Mutual Understanding and Cooperation between the Republic of Kazakhstan and the French Republic dated September 23, 1992 stipulates that the parties “...in mutual relations act as sovereign, equal states.”

An analysis of current international legal documents and the practice of international relations shows that international law enshrines not actual, but legal equality of states. From this point of view, the huge differences between the capabilities of different states to influence international relations and the policies of individual organizations do not always contradict the principle of sovereign equality of states. For example, the five states that are permanent members of the UN Security Council have much more powers than the rest of the states. However, their special status is enshrined in current international law, it is generally recognized and, to a certain extent, is itself a manifestation of the state sovereignty of members of the world community. In other words, the legal status of permanent members of the Council is a voluntary decision of UN members, an act of their sovereign power. Therefore, the inequality of states in this case cannot be interpreted as contrary to the principle of sovereign equality. A similar statement can be made regarding various international organizations that have adopted a system of so-called weighted voting. In such organizations, the different “weight” of states is a free decision of all their members. Finally, the practice of providing special benefits and preferences to the least developed and developing states is not a deviation from the principle of sovereign equality, since it is aimed at strengthening international peace and security and eliminating an unjust economic order. It is easy to see that similar norms are inherent in national legislation, which proclaims the equality of citizens before the law despite differences in their legal status.

At the same time, it should be recognized that in practice the principle of sovereign equality of states has been grossly violated several times. Designed to prevent unilateral political leadership in international relations, this principle often becomes an obstacle to aggressive foreign policy individual countries. As a rule, ignoring this imperative norm of international law leads to serious complications in international relations.