Numerous definitions of MP can be divided into two groups:

1. Definitions in which, as distinctive feature international law indicates the method of formation of its norms. For example: “International law is a system of legal principles and norms that are created by states and other subjects of international law.”

2. Definitions characterizing the branch of law under consideration on the subject of regulation. For example: "International law in its legal (regulatory) aspect, it is, first of all, a set of legal norms that regulate interstate (in a broad sense, international) relations.”

There are various options for definitions of this kind: among the objects of regulation, in addition to the relations of states, some scientists include the relations of international organizations; nations (peoples) fighting for their liberation; “other subjects of international law”, and this refers to law-forming subjects.

Sometimes as distinctive feature international law indicates both the method of formation of the norms of international law and the subject of its regulation. “International law is a system of principles and norms that are applied in relations between all states, regardless of their social system.”

Relations regulated by international law are relations between states - bilateral and multilateral; between states and international intergovernmental organizations, primarily in connection with the membership of states in international organizations; between international intergovernmental organizations.

The specificity of international, interstate relations lies in the fact that their content goes beyond the competence and jurisdiction of any individual state and becomes the object of the joint competence and jurisdiction of states or the entire international community as a whole. Three categories of cases (issues) can be distinguished that characterize the subject of international regulation:

Cases that are inherently interstate and cannotrelate to the internal competence of any state, cannotbe resolved by unilateral acts of the state, since they affect common interests. This international security, disarmament, global environmental processes, regime of the high seas, outer space.

Cases that, although not related to universal human interests, can only be resolved through the joint efforts of two or more states based on accounting mutual interests. This is the establishment and regime of the state border, the provision of legal assistance, dual citizenship, visa or visa-free entry procedures.

Cases, the settlement of which falls within the internal competence of each state, but which, in order to more effectively resolve them, it is advisable to regulate by joint acts of states. This is ensuring and protecting human rights and freedoms, providing assistance in the event of a nuclear accident or radiation emergency.

The originality of international law in comparison withdomestic:

Firstly, according to the object of regulation, since international law covers with its regulation social relations exclusively with the participation of a public foreign element, while domestic law regulates relations with the participation of international aspects only “including”, giving priority to internal relations in a given society.

Secondly, if subjects domestic law are individuals and legal entities, state bodies, then subjects of international law - mainly entities that have a public character in the international arena (states, nations and peoples, state-like entities, etc.).

Thirdly, domestic and international legal systems differ in the dominant forms of sources. If in the first the normative act in the form of law predominates, then in the second customs and contracts are preferable.

Fourth, different rule-making mechanism in these two legal systems. Since there is no legislative body in the interstate system, the norms of international law are created by the subjects of international law themselves, primarily by states, through an agreement, the essence of which is the coordination of the wills of states and other subjects of international law. In other words, if domestic norms are created “from top to bottom,” then international legal norms are created “horizontally.”

Fifthly, in contrast to local norms of national law, the nature of which depends on the social nature of a given state, rules of international law are mainlygeneral democratic character.

Sixth, since in the interstate system there are no judicial and executive bodies identical to those existing in states, the functioning of international law and, above all, its application are significantly different from the functioning and application of domestic law.

International law

1) between states;

Features:

Highlight following functions:

International recognition.

International legal recognition- this is an act of the state by which it considers it appropriate to enter into legal relations with the recognized party. This side could be:

· newly emerged state;

· new government;

· a nation or peoples fighting for independence;

· rebel or belligerent party;

· international organization.

We can talk about two doctrines of recognition:

1) constitutive- recognition is considered as the constitution of a new subject of international law;

2) declarative- recognition is a statement of the fact of the emergence of a new subject of international law.

Russian international law has always stood and stands in the position of the declarative doctrine of recognition.

Succession of states.

Succession of states is the transfer of certain rights and obligations from one state subject to international law to another. Succession is a complex international legal institution, the rules of this institution were codified in the 1978 Vienna Convention on the Succession of States in Respect of Treaties and in the 1983 Vienna Convention on the Succession of States in Respect of State Property, State Archives and Public Debts.

There are two main theories regarding the succession of states.

According to the universal theory of state succession, the successor state fully inherits the rights and obligations that belonged to the predecessor state. Representatives of this theory (Puffendorf, Vattel, Bluntschli) believed that all international rights and obligations of the predecessor state pass to the successor state, since the identity of the state remains unchanged.

Negative theory of succession. Its representative A. Cates believed that when power in one state changes to another, the international treaties of the predecessor state are discarded. A variation of this theory is the concept of tabula rasa, which means that the new state begins its contractual relations anew.

Thus, in the legal succession of states, succession in relation to international treaties, state property, state archives and in relation to public debts is distinguished.

Succession in relation to international treaties implies that the newly independent state is not obliged to maintain in force any treaty or become a party to it by virtue solely of the fact that at the time of succession the treaty was in force in relation to the territory that is the object of the succession (Article 16 of the Vienna Convention of 1978).

Succession in relation to state property implies that the transfer of state property from the predecessor state to the successor state occurs without compensation, unless otherwise provided by agreement between the parties.

Succession in relation to state archives implies that the state archives are transferred to the new independent state from the predecessor state in its entirety.

Succession to public debts depends on which state is the successor state: part of the predecessor state, two merged states, or a new independent state. The debt of the predecessor state passes to the successor state, the amount of the debt depends on the type of successor state.

Structure of the contract.

· Preamble- this is the part of the contract that states the purpose of the contract and is used in its interpretation.

· Main part. This part of the treaty is divided into articles, which can be grouped into sections (UN Convention on the Law of the Sea 1982), chapters (UN Charter) or parts (Chicago Convention on International Civil Aviation 1944). In some treaties, articles as well as sections (chapters, parts) names may be given.

· Final part. The final part of the agreement sets out the provisions for the entry into force and termination of the agreement, as well as the language in which the text of the agreement is drawn up.

At present, annexes are widely used, but to give them the force of the treaty itself, a special indication is necessary in it or in an annex to it, otherwise such acts cannot be considered as part of the treaty.

Name of the agreement. Treaties can go by different names (for example, agreement, convention, treaty itself, protocol, declaration, charter, charter, etc.), but there is no generally accepted classification of such names in international law. The name of the agreement does not have any legal significance, since an agreement under any name is an agreement that creates rights and obligations for its participants.

International Court of Justice.

The International Court of Justice is the main judicial body of the UN, created in 1945. The International Court of Justice carries out its activities on the basis of the Statute of the International Court, as well as the Rules of the Court.

The main purpose of the International Court of Justice is to settle or resolve international disputes or situations that may lead to a breach of peace by peaceful means in accordance with the principles of justice and international law.

The functions of the International Court of Justice are: consideration and resolution of disputes submitted by states, adoption of advisory opinions on legal issues.

The International Court of Justice is located in the Netherlands, in the city of The Hague. The International Court of Justice consists of 15 judges who are elected for nine years and can be re-elected. The members of the Court are individual judges selected from among persons of high moral character who satisfy the requirements in their countries for appointment to the highest judicial positions or who are jurists of recognized authority in the field of international law.

The members of the Court are elected by the General Assembly and the UN Security Council. Elections are held simultaneously and independently of each other. To be elected, it is necessary to obtain an absolute majority of votes in both bodies. The President of the Court is elected for a term of three years with possible re-election. When performing judicial duties, members of the Court enjoy diplomatic privileges and immunity. The court is a permanent body and sits in in full force. To consider a certain category of cases, chambers of judges consisting of three or more judges may be formed. Official language of the Court: French or English.

According to Art. 38 of the Statute, the Court decides disputes submitted to it on the basis of international law and applies:

1) international conventions, both general and special, establishing rules specifically recognized by the disputing states;

2) international custom as evidence of a general practice recognized as a legal norm;

3) general principles of law recognized by civilized nations;

4) judicial decisions and doctrines of the most qualified specialists in the public law of various nations as an aid to the determination of legal rules.

The decisions of the Court are binding on the states that were parties to the dispute. If any party to a case fails to fulfill an obligation imposed on it by a decision of the Court, the Security Council, at the request of the other party, “may, if it considers it necessary, make recommendations or decide to take measures to give effect to the decision” (Clause 2 of Art. 94 of the UN Charter).

Council of Europe.

The Council of Europe was founded in accordance with its Charter in May 1949. The purpose of the Organization is to achieve greater unity among its members in order to protect and implement the ideals and principles which are their common heritage and to promote their economic and social progress. The goal is achieved through the efforts of the bodies of the Council of Europe through the consideration of issues of common interest, the conclusion of agreements and joint action in the economic, social, cultural, scientific, legal and administrative fields, as well as through the maintenance and further implementation of human rights and fundamental freedoms.

The activities of the Council of Europe are concentrated on the following issues: legal support for human rights; promoting awareness and development of European cultural identity; search for joint solutions to social problems (national minorities, xenophobia, intolerance, environmental protection, bioethics, AIDS, drug addiction); development of political partnership with the new democratic countries of Europe.

Within the framework of the Council of Europe, a large number of international legal documents have been developed, which are sources of public international law. Among them are the European Convention for the Protection of Human Rights and Fundamental Freedoms of 1950 and its protocols; European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment of 1987 and its protocols; Framework Convention for the Protection of National Minorities, 1995

Within the framework of the Council of Europe, a mechanism for monitoring and preventing violations of human rights in member states has been created - the European Court of Human Rights, which considers complaints from citizens of CE member states, provided that they have used all effective national methods of protecting and restoring violated rights.

Governing bodies of the Council of Europe are the Committee of Ministers, the Consultative Assembly, the Meetings of Sectoral Ministers and the Secretariat.

The Committee of Ministers consists of the foreign ministers of the member states and is the highest organ of the Council of Europe. He makes decisions about the organization's work program and approves the recommendations of the Consultative Assembly. At the ministerial level, it usually meets twice a year. There are also monthly meetings at the level of permanent representatives of member states of the Council of Europe. The Consultative Assembly consists of deputies and their deputies. The number of representatives from each country depends on its population. There are five factions in the assembly: democrats and reformers, democrats, liberals and socialists.

According to Art. 4 of the Statute of the Council of Europe, a state wishing to join the Council of Europe must fulfill the following conditions: compliance of its institutions and legal structure with the fundamental principles of democracy, as well as respect for human rights; election of people's representatives through free, equal and universal elections.

41 states are members of the Council of Europe, including Russia. The headquarters of the organization is located in Strasbourg.

Official IMF goals

1. “to promote international cooperation in the monetary and financial sphere”;

2. “to promote the expansion and balanced growth of international trade” in the interests of developing productive resources, achieving high levels of employment and real incomes of member states;

3. “ensure the stability of currencies, maintain orderly monetary relations among member states” and prevent “the depreciation of currencies in order to obtain competitive advantages»;

4. provide assistance in creating a multilateral settlement system between member states, as well as in eliminating currency restrictions;

5. provide member states with temporary funds in foreign currency to enable them to “correct imbalances in their balance of payments.”

Main functions of the IMF

· promoting international cooperation in monetary policy

expansion of world trade

· lending

stabilization of monetary exchange rates

· consulting debtor countries (debtors)

· development of standards for international financial statistics

· collection and publication of international financial statistics

IBRD goals

· providing assistance in the reconstruction and development of the economies of member countries;

· promoting private foreign investment;

· promoting balanced growth of international trade and maintaining balance of payments;

· collection and publication of statistical information,

Initially, the IBRD was called upon, with the help of accumulated budgetary funds of capitalist states and attracted capital from investors, to stimulate private investment in Western European countries, whose economies suffered significantly during the Second World War. Since the mid-50s, when the economies of Western European countries stabilized, the activities of the IBRD increasingly began to focus on the countries of Asia, Africa and Latin America.

Unlike the IMF, the International Bank for Reconstruction and Development provides loans for economic development. IBRD is the largest lender to development projects in middle-income developing countries and creditworthy poor countries. Countries applying to join the IBRD must first be admitted to the IMF.

Unlike the IMF, the IBRD does not use standard lending conditions. The terms, volumes and rates of IBRD loans are determined by the characteristics of the project being financed. Like the IMF, the IBRD usually imposes certain conditions on its loans. All bank loans must be guaranteed by member governments. Loans are issued at an interest rate that changes every 6 months. Loans are provided, as a rule, for 15-20 years with deferred payments on the principal amount of the loan from three to five years.

The main goal, which was initially proclaimed by the founders of the IBRD, was for the bank, first of all, to be the initiator and organizer of private investment, to achieve favorable conditions and “climate” for them in borrowing countries. The bank could provide loans to states under government guarantees, but had to avoid investing its capital in highly profitable, quick-paying enterprises. It was assumed that the IBRD would concentrate its operations exclusively on those objects that are important to states, but in which private investors are reluctant to invest. In fact, the IBRD immediately began to widely interfere in the internal affairs of borrowing countries in the interests of its owners (the United States), putting pressure on governments, imposing its “development programs.” As a result, all “reconstruction and development” programs implied the preservation of borrowing countries as agricultural and raw materials appendages of industrial powers. The bank’s missions, its “technical advice”, “consultations” and “recommendations” ultimately boiled down to the development Agriculture in borrowing countries and increasing the production of minerals to increase the volume of their export to the USA and a number of other industrial capitals. countries

The highest bodies of the IBRD are the Board of Governors and the Directorate as an executive body. The bank is headed by a president, usually a representative of the highest US business circles. The Council, composed of finance ministers or central bank governors, meets once a year jointly with the IMF. Only members of the IMF can be members of the bank; votes are also determined by the country’s quota in the IBRD capital (more than $180 billion). Although 186 countries are members of the IBRD, the leading position belongs to seven: the USA, Japan, Great Britain, Germany, France, Canada and Italy.

The bank's sources of resources, in addition to share capital, are the placement of bond issues, mainly in the American market, and funds received from the sale of bonds.

Concept, subject and method of international law.

International law can be defined as a special system of law - a set of international legal principles and norms created by subjects of international law and regulating relations between states, peoples fighting for their independence, international organizations, state-like entities, as well as, in some cases, relations involving individuals and legal entities.

International law- this is a set of international legal norms, an independent branch of law regulating international relations and some related intrastate relations.

The role of international law in the modern world is constantly growing due to the emergence of a number of problems and processes that states are not able to resolve with the help of domestic law and within the territory of one state.

The peculiarities of international law are manifested primarily in the scope of the norms of international law, the peculiarities of relations regulated by international law, the sources of international law, the specifics of legal regulation of this industry, and the peculiarities of the system of international law.

Like any branch of law, international law has its own subject and method.

Subject of legal regulation- this is what the legal regulation of the industry is aimed at. The subject of international law is international relations that develop between subjects of international law (states, international organizations, pseudo-state entities, peoples).

Relations that are the subject of international legal regulation can be divided into interstate and non-interstate.

Interstate relations include:

1) between states;

2) between states and nations fighting for independence.

International legal norms are aimed primarily at regulating relations between the main subjects of international relations - states.

Relations between states and peoples fighting for independence are essentially “pre-states,” and relations with them are relations with future states, if, of course, such states are created.

However, international law also regulates relations of a non-interstate nature - i.e. relations in which the state is only one of the participants or is not involved at all.

International non-interstate relations are:

1) between states and international organizations, as well as state-like entities;

2) between international organizations;

3) between states, international organizations, on the one hand, and individuals and legal entities, on the other;

4) between individuals and legal entities.

Method of legal regulation- This is a way for the industry to influence the subject of its regulation. In international law, both imperative and dispositive methods are used.

International law uses the following methods: Historical; Formal-logical; Comparative; Functional; System

The general operating method covers five specific methods:

1) political-legal method - the norms of international law are implemented by subjects using political means;

2) moral and legal method - the use of the mechanism of action of morality to implement the norms of international law; the main thing here is to mobilize moral means in order to ensure the conscientious implementation of international law;

3) ideological-legal method - influencing international relations through ideology, strengthening the positions of international legal consciousness, clarifying goals, principles and norms, creating conviction in the need for their implementation;

4) organizational and legal method - taking organizational measures to implement the norms of international law both within states and in international relations;

5) special legal method - the use of specific legal means of influencing international relations. This method is the essence of international legal regulation.

The functions of international law are the main directions of influence on international relations.

International law fulfills the following Features:

The following functions are distinguished:

1) stabilizing - its meaning is that international legal norms are designed to organize the world community, establish a certain international legal order, strive to strengthen it, make it more stable;

2) regulatory - when implemented, international legal order is established and social relations are regulated accordingly;

3) protective - consists of ensuring proper protection of international legal relations. In case of violation international obligations subjects of international legal relations have the right to use liability measures and sanctions permitted by international law;

4) informational and educational - consists of transferring the accumulated experience of rational behavior of states, educating about the possibilities of using the law, and educating in the spirit of respect for the law and the interests and values ​​protected by it.

International law Legal system - Elements:

Subject of international law

International law is a special system of law

MP as a system of law – this is a set of principles and norms created by certain subjects of international relations and regulating international relations.

International law has a complex system, which is due to the combination of general legal norms-principles and general legal normative complexes, on the one hand, and industries as homogeneous sets of norms in accordance with the subject of regulation, as well as intra-industry institutions, on the other.

1) basic principles of international law, which form its core and are of decisive importance for the entire mechanism of international legal regulation;

2) institutions common to international law, each of which includes a set of rules for a specific functional purpose - a set of rules on international legal personality, a set of rules on international law-making, a set of rules on international law enforcement (implementation of legal regulations), a set of rules on international legal responsibility.

The second category includes branches of international law, i.e., complexes of homogeneous and established norms, according to the subject of legal regulation. They are classified both on the grounds that are accepted in domestic law (with some adjustments) and on the characteristics inherent specifically in international legal regulation. The list of industries is not entirely based on objective criteria. The following branches can be classified as generally recognized (without touching on the issue of names for now): the law of international treaties, maritime law, international space law, etc.

Within industries there are sub-sectors And legal institutions as regulatory mini-complexes on specific regulatory issues. Thus, in international maritime law - groups of norms regulating the regimes territorial sea, continental shelf, exclusive economic zone, high seas, seabed area beyond national jurisdiction.

Recognition of states.

In the MP, recognition is understood as an act by which one party states the existence and legal personality of the other.

Methods of forming states:

1) As a result of fundamental changes in the economic and political system.

2) The unification of several states into one.

3) Division of one state into several states.

4) As a result of the separation of part of the territory from the state and the formation of independent states on it.

5) Formation of a new state on the site of a former colony.

The moment from which a new state becomes a subject of an international enterprise.

Theories:

1) Constructive theory - only after recognition by all (most) existing states.

Recognition in modern MP does not play a significant role. The fact of recognition by existing states is important only for the exercise of rights as a subject of international law.

Methods of state recognition:

1) De Jure (full) - establishment of diplomatic relations with the new state, exchange of diplomatic missions and consulates.

2) De Facto – conclusion of international treaties on various issues.

Declaration on the Granting of Independence to Colonial Countries and Peoples of 1960 (all peoples have the right to self-determination, by virtue of this right they freely establish their political status and pursue their economic, social and cultural development)

In this act, the principle of self-determination is moral and political.

The principle of self-determination is protected by international law.

The only condition for the self-determination of a nation is the presence of a special political body. (the right of states to respect)

10. Legal personality of individuals: there are no rules in the MP that would prevent individuals from acquiring the rights represented by the MP. Modern MP norms establish the rights, obligations, and responsibilities of individuals. A draft Code of Crimes against the Peace and Security of Mankind is being developed. Today, the statute of the international tribunal is applied in offenses related to the prosecution of persons responsible for violations of humanitarian law in the territory of the former Yugoslavia. There are many conventions on the prevention and punishment of crimes of an international nature. The range of international norms that provide an individual with legal opportunities to ensure and protect them has expanded. The contracts also protect civil, family, and labor relations. European Convention for the Protection of Human Rights and Freedoms, Part 3 of Article 46 of the Constitution of the Russian Federation: everyone has the right to appeal to interstate bodies for the protection of human rights and freedoms if all domestic remedies have been exhausted.

Objects of succession

International treaties

State property

Government debts

Membership in international organizations (continuity theory)

The Russian Federation is the successor of the USSR in membership of international organizations. And also in other situations, the Russian Federation is the legal successor (under contracts, obligations, and so on).

There are unwritten (customary) norms in accordance with which there are issues that are resolved by the charters of international organizations.

UN General Assembly.

Sessional body (every 3rd Tuesday in September). M. convene a special session, at the request of the UN Security Council or the majority of UN members (within 15 days). M.b emergency session - in connection with a threat to peace, an act of aggression, at the request of the Security Council or a majority of members (within 24 hours). Each state sends its representative, each delegation - 1 vote.

Competence:

a) any issues within the scope of the charter, even those related to the competence of other bodies.

d) elects non-permanent members of the Security Council, members of ECOSOC and the Trusteeship Council,

e) appoints judges of the local court,

f) appoints the UN Secretary General on the recommendation of the Security Council,

g) approves the budget,

h) consider issues regarding contributions from UN members. The decision-making procedure: what is important? - qualification majority (2/3), others? – simple (1/2+1).

UN Security Council.

A permanent body. Consists of 15 states (5 permanent + 10 non-post), elected for 2 years. The Security Council acts on behalf of and in the interests of all UN member states.

Competence:

a) is responsible for international peace and security;

b) investigates any situations that may lead to debates or disputes between states, qualifies the situation as a threat to the peace or a violation of the peace or an act of aggression.

Depending on the qualification, the following measures are taken:

1) temporary (resolutions that remind of the need to comply with the principle of peaceful resolution of disputes, procedures, methods);

2) measures not related to the use of armed forces (sanctions - complete/partial interruption in economic relations, cessation of railway, air, sea communications). Resolutions are mandatory, and a sanctions committee is created. If a person under the jurisdiction of a UN member state violates the resolution, then the committee informs the state, and it takes action;

3) measures related to the use of military forces (UN military forces).

Decision making: important - 9 members (permanent 5), others - any 9. If the state abstains, then the vote can pass, and if it is against, then a veto is imposed.

International Court of Justice.

The main UN court in The Hague. Carry out its activities on the basis of the charter, which includes the statute of the international court. Disputes between international state authorities: violation of MP, compensation for damage, violation of specific international agreements. The court gives advisory orders. 15 independent judges, who are elected and work in their personal capacity, are not representatives of the state.

Jurisdiction: Disputes can be considered only when the parties accept the jurisdiction of the court.

Recognition could be expressed:

1) at any time the state may declare that it recognizes the jurisdiction of the court as compulsory, but may exclude certain disputes,

2) a specific international agreement may provide that disputes regarding the adoption of an international agreement will be considered by the international court. The state can make a reservation that it does not recognize, but it could be withdrawn,

3) on a specific dispute. Any dispute, with the consent of the parties, may be referred to the local court. Faculty of Law, that is, not all disputes, but only with consent. The court's decision is mandatory.

Collapse of the USSR 12/8/1991 Belarus, Ukraine, Russia. On the same day, an agreement was adopted on the creation of the CIS, which was signed by three states.

12/21/1991. – protocol, which was signed, except for Georgia, by all former republics of the USSR (12).

01/22/1993 - adoption of the CIS Charter, entered into force on 01/22/1994. Composition - 12 reps.

Basic goals:

· collaboration in all areas;

· creation of a single economic space;

· ensuring and protecting human rights;

· ensuring freedom communication between citizens of CIS member states;

· maintaining international peace and security, including disarmament measures;

· peaceful resolution of disputes and conflicts within the state community;

· provision of legal assistance to state members of the CIS.

CIS structure:

1. Council of Heads of State– sessional body. At the level of heads of state in the CIS, the principle decides. issues related to the CIS countries.

2. Council of Heads of Rights– sessional body. At the level of heads of government, it coordinates the cooperation of the Joint Executive Command of the CIS member states.

3. Council of Ministers affairs– sessional body. Carries out coordination of the external forces of the CIS member states.

4. Coordination and Consulting Committee operates constantly. Implements the current CIS project. Prepares proposals and draft documents within the framework of the CIS countries.

5. Econ. court considers disputes between state members of the CIS arising from the agreements of the ek-go har-ra, and gives an interpretation of the provisions of such agreement.

6. Human Rights Commission develops draft international agreements in the field of human rights. M. consider ind. appeals → recommended character decision.

7. Interparliamentary Assembly– sessional body. Delegations of national parliaments are working. Introduced only in 1994. Meetings - in St. Petersburg.

8. Secretariat– adm.-tech. organ. Ensures the work of all other CIS bodies. Headed by a secretary. Acts on behalf of and in the interests of the CIS with other international organizations and other states. He's in Minsk.

The official language is Russian.

Council of Europe.

Created by Western European states in 1949, open to other European states. Implementation on the basis of the charter. Competence: considers issues of general interest, dedicated to the social and cultural sphere, issues of science, education, rights, administrative issues, ensuring the protection of human rights, any issues except military. States may be included that accept obligations under the charter.

Requirements for candidates: 1) must recognize the rule of law, 2) each state provides all persons on its territory with rights and freedoms, that is, sign the Convention on the Rights and Fundamental Freedoms of the individual. A state can be excluded from the Council of Europe if it violates its obligations under the charter, if it does not guarantee rights and freedoms on its territory. Membership in the Council of Europe could be suspended. RF – member of the Council of Europe 1992.

The procedure for accepting a state: application for membership, study of the state.

Pages of CE bodies:

Committee of Ministers

Parliamentary Assembly (PA)

Congress of Local and Regional Authorities

Commissioner for Human Rights

Secretariat.

The PA CE initiated the issue of suspending Russia's membership in the CE, but the decision was not made by the Committee of Ministers.

1. PA CE - for example, a delegation (2-18 people, in the Russian Federation - 12). The body is sessional, has broad competence, accepts declarations on any issues.

2. The Committee of Ministers is a non-pollinary body that monitors state participants in fulfilling their obligations to the Council of Europe. Controls the implementation of the decisions of the European Court on human rights.

3. Congress of local and regional authorities (created in 1994, was not initially provided for in the Council of Europe). Coordinates the department, promotes cooperation in this area among the Ss - state members of the CE and ATE.

4. Commissioner for Human Rights - introduced in 1995, studies situations of gross and mass violations of human rights in member states of the Council of Europe, draws up a report and, for example, submits it to the PACE. If it was violated, then:

Terminate membership

Will suspend membership

Wag your finger.

5. Secretariat – adm.-tech. the body that provides the work of all other organs, headed by the general. secretary.

The official languages ​​of the Council of Europe are French, English.

Preparation and adoption of the text of the agreement. Authority.

Development may be through diplomatic channels (without meetings) or through negotiations (with a small number of participants), within the framework of international organizations or international conferences, each state sends its representative to participate in various MDs. He is given powers- a document certifying the person’s right to participate in the conclusion of the MD. Powers are not required for the head of state, the head of government, or ministers of foreign affairs - they do not require powers to carry out all actions to conclude an MD. The head of diplomatic missions, the head of missions to international organizations, and the head of delegation at a conference do not require authority only when developing and adopting the text of an MD. The list of persons is in the Vienna Convention of 1969. In the Federal Law of the Russian Federation “On the Ministry of Internal Affairs of the Russian Federation” the list is expanded (the head of the federal executive authority for interdepartmental agreements).

The conference begins with the surrender of powers, for example, to the chief secretary; to a person determined by the rules of the conference, the Secretary General (within the framework of an international organization).

Text acceptance method:

2) consensus - can drag on for many years until an agreement is reached.

Interpretation of m/n dogs.

This is the clarification of the actual meaning and content.

VK 1969 establishes principles of interpretation:

1. must be interpreted in good faith,

2. terms should be given their usual meaning,

3. For interpretation, the context is used, including the preamble and all documents adopted for this agreement.

The Vienna Convention provides additional Wed-va interpretation: conditions for concluding international contracts, preparatory materials. But these auxiliary means are used if the interpretation leads to ambiguous or absurd conclusions.

Types of interpretation:

1) authentic - that which is given by the state, signed agreement (in special agreements, protocols). This body has the highest power.

2) tol-e m/n org-mi,

3) one-sided interpretation - in interpretative statements - various state organizations.

4) scientific interpretation is carried out by the department of scientists, scientific teams.

War and international law

War is a phenomenon of organized collective violence. War is one of the manifestations of conflicts between human societies and power structures of societies. War or the conduct of hostilities is governed by the law of armed conflict. The law of armed conflict is a subfield of international humanitarian law. The process of codifying armed conflicts took hundreds of years. The law of armed conflict draws mainly on the concept of war in the 19th century, when rules were established to regulate international conflicts and to protect the rights of military personnel. Not much has changed lately. Currently, international humanitarian law continues to develop towards improving the protection of civilians and strengthening the role of rules of law applicable to non-international conflicts.

In general, now the word “war” is not used in international law. A war between two states is called, in accordance with international law, an armed conflict of an international character. Civil War Accordingly, an armed conflict of a non-international character is called.

The literal and doctrinal differences between these conflicts do not coincide, but what is common to both approaches is the difference in legal regulation. If an international armed conflict is regulated by the entire set of norms of international humanitarian law, then a conflict of a non-international nature falls under the scope of Article 3 and the Second Additional Protocol common to all Geneva Conventions.

Literally interpreting the provisions of the Geneva Conventions, by international conflict we mean any interstate armed conflict, as well as the struggle of peoples against colonial domination, foreign occupation or racist regimes.

Non-international conflicts mean a conflict on the territory of one state between the armed forces of that state and anti-government armed formations or other organized armed groups that, under responsible command, exercise such control over part of its territory that allows them to carry out continuous and coordinated military actions.

In a situation of war, there is massive use of violence by the armed forces in an organized and coordinated manner. The presence of a number of norms makes it possible to distinguish an armed conflict from chaos, for example, combatants must be organized into combat units, subordinate to a higher command, and the command gives orders, ensures the maintenance of discipline, including submission to the norms of humanitarian law.

Back in 1928, war was outlawed in international relations; it was established that this term was not applicable and the term armed conflict should be used.

The UN Charter limits the use of force between states and only in case of aggression can armed force be used for self-defense. An armed conflict is only a transitional period; the methods used to conduct it should not make the restoration of peace impossible. Avoid unnecessary or disproportionate suffering or destruction to a particular military advantage.

It is important to distinguish between military and civil conflicts. Military operation legitimate only when it serves as a means to achieve a specific military goal. The weapons used must be fit for purpose and not cause needless destruction and suffering. Prohibited types of weapons, for example: nuclear, chemical, anti-personnel mines, self-exploding bullets.

Combat tactics must be capable of not only distinguishing between civilian and military operations, but also providing assistance to military casualties during combat.

The Geneva Conventions have been signed by all states of the world.

The Statute of the International Criminal Court provides for liability for crimes against humanity that may be committed by states individually, but Russia has not signed or ratified this statute.

Open sea.

OM – all parts of the sea that are not included in the exclusion. ek-kuyu zone, ter-noe sea or int. sea ​​waters k.-l. state The legal regime was established by the 1982 Convention. OM - space, which refers to the m/n territory, →, all states have the ability to exercise freedom: shipping, flights, laying cables and pipelines, construction of artificial islands, installations and structures, harvesting, Scientific research. OM d. used for peaceful purposes, i.e. It is prohibited to test weapons, conduct military maneuvers and exercises. Sea vessels in the OM are subject to the jurisdiction of the flag state. If a ship has several nationalities, then it is recognized as having no nationality. This ship may be stopped and inspected by any warship, which can be carried out in relation to the ships of the St. state Warships are immune. A warship, in relation to any vessel, can take action if there are sufficient grounds to believe that the vessel is engaged in piracy or the slave trade, or unauthorized things, if the flag is not raised and the refusal to do so. Any coastal state may pursue hot pursuit if the coastal state has reason to believe that the ship has violated the laws and regulations of that state. Such persecution must begin internally. sea ​​waters or in the terrestrial sea or in the adjacent zone, if the ship violated the laws and rules of the coastal state regulating the legal regime of the ex-zone and contiguous shelf. The pursuit must be carried out continuously until the vessel enters the Terrestrial Sea of ​​another state. This right is exercised by warships or aircraft.

Seas and oceans.

Legal regime established by the 1982 convention. Bottom = area that begins after the contiguous shelf. The area and its resources (all solid, liquid or gaseous mineral resources, including polymetallic, nodules in a state of immobility, located on the surface of the bottom and in its depths) are the common property of all people. No state can claim sovereignty over part of the seabed; no one state, f/u/l can appropriate parts of the bottom; The seabed authority acts on behalf of the people. The procedure for its creation and registration by the 1982 Seabed Convention. A body is an organization, whose members are participants in the 1982 convention, within the framework of which the state implements and controls activities in the area. Seabed resources are not subject to alienation, but minerals may be alienated on the terms provided for in the contract by the local authority and the relevant state, f/y/l. The structure of the body includes an enterprise that carries out current activities, control over activities that are carried out at the bottom. The bottom is open for scientific research. The bottom is partially demilitarized: the placement of nuclear weapons and any weapons of mass destruction on the bottom and its depths is prohibited. States are responsible for preserving seabed resources. For this purpose, international agreements are concluded. Section IX of the 1982 Convention is dedicated.

69. Legal regime of space and celestial bodies:

Agreement “On the principles of the State for the exploration and use of space, including the Moon and other celestial bodies” 1967, Agreement “On the State on the Moon and other celestial bodies” bodies" 1979. But the Russian Federation is only in the first. Space space is a m/n territory, it is open for use and research for all states, free for scientific research, which is carried out for the benefit and interests of all states. in, and the results are the property of all people. Outer space is, partially, a demilitarized territory, and it is impossible to carry out tests of nuclear weapons and other mass destruction there on the basis of the treaty “on the prohibition of testing of poisonous weapons in the atmosphere, outer space” space, under water" 1963. The Russian Federation participates in it. The Moon and other celestial bodies are completely demilitarized. It is forbidden to place military bases and conduct military exercises (the Moon Agreement of 1979). The bilateral agreement between the USSR and the USA “on the limitation of missile defense systems” of 1972 is in force under demilitarism.

70. International legal regime natural resources includes the living resource regime and the mineral resource regime.

According to the Convention on the Conservation of Antarctic Marine Living Resources of 1980, any fishing is carried out in accordance with the principles of: 1) preventing a reduction in the number of any population to levels below those that ensure their sustainable position; 2) maintaining ecological relationships between harvested and associated populations of marine living resources; 3) preventing changes in the marine ecosystem that are fundamentally irreversible over two or three decades. To implement the goals and principles of the Convention, a Commission for the Conservation of Antarctic Marine Living Resources is established from its participants.

The 1972 Convention for the Conservation of Antarctic Seals requires that certain species of seals not be killed or captured in the area, except as strictly specified in the Convention.

The 1988 Convention on the Regulation of the Development of Antarctic Mineral Resources was postponed because the measures it provided for ensuring environmental safety were considered insufficient.

In Madrid on October 4, 1991, the Protocol on Environmental Protection to the Antarctic Treaty was signed. Its members describe Antarctica as a natural reserve dedicated to peace and science. The Protocol prohibits any activity in Antarctica in relation to mineral resources, with the exception of scientific research (Article 7). The ban will remain in effect until a new regime for the development of mineral resources is developed, taking into account the acceptability of such activities in the interests of all states.

The competence of the consultative meetings provided for by the Treaty includes the exchange of information, mutual consultations, and the development of recommendations to the governments of the participating countries on the adoption of measures to promote the implementation of the principles and goals of the treaty, including measures regarding: 1) the use of Antarctica only for peaceful purposes; 2) assistance scientific research in Antarctica; 3) promoting scientific cooperation in Antarctica; 4) facilitating inspections; 5) issues relating to the exercise of jurisdiction; 6) protection and conservation of Antarctic living resources. Recommendations are subject to approval by all countries party to the Treaty. The recommendations that have entered into force are an integral part of the international legal regime of Antarctica.

Article V of the Antarctic Treaty prohibits holding in Antarctica nuclear explosions and the disposal of radioactive materials in the area. The First Consultative Meeting of the States Parties to the Treaty recommended that the governments of their countries exchange information regarding the use of nuclear equipment and technology in the specified area.

Each State party to the Consultative Meetings has the right to appoint an unlimited number of observers, who must be citizens of the States appointing them. Any observer has complete freedom of access to all areas of Antarctica at any time.

The territory of this continent, as well as stations, installations and equipment within its borders, ships and aircraft at points of unloading and loading of equipment, materials or personnel are always open to inspection. Aerial observation can be carried out at any time over any area of ​​Antarctica. Observers draw up reports on the results of monitoring, which are sent to the states participating in the Consultative Meetings.

States are obliged to inform each other in advance of all expeditions to that continent undertaken by their ships or nationals, as well as of all expeditions organized in or departing from their territories, of all stations in Antarctica occupied by their nationals, of any military personnel or equipment intended for departure to Antarctica.

Observers and scientific personnel, as well as personnel accompanying them, are in Antarctica under the jurisdiction of the state of which they are citizens.

71. International air law represents a set of rules governing relations between states in the field of use of airspace, organization of air services, commercial activities and ensuring the safety of civil aviation. It covers two aspects: 1) legal regulation of international flights in the airspace of a particular state; 2) legal regulation of flights in international airspace.

Each state has complete and exclusive sovereignty over the airspace located within its land and water territory. In other words, the airspace within the specified limits is an integral part of the territory of the state. The legal regime of the state's airspace is determined by national legislation. However, at the same time, the state also takes into account those international obligations that relate to international air connections. A state must follow the generally accepted principles of international law, in particular the principles of sovereign equality, non-interference in internal affairs and cooperation, which obliges it to manage its airspace taking into account the interests of other states, i.e. not to violate their rights within their sovereign territory and within international airspace.

The main source of international air law are international treaties. The first multilateral treaty that established the foundations of this branch of international law was the Paris Convention of 1919. It recognized the full exclusive sovereignty of a state over its airspace. At the same time, the Convention established the right of “innocent flight” of foreign aircraft in the airspace of other states.

72. International environmental law- This is a set of international legal principles and norms governing relations regarding the protection of the natural environment, its rational use and reproduction, regulating the cooperation of states in this area in order to ensure an ecosystem favorable for human life.

States have sovereignty over natural resources within their territory. The principle of inalienable sovereignty was reflected in a number of international documents, in particular in the UN General Assembly resolution “Inalienable sovereignty over natural resources” of 1962, in the Declaration on the Environment adopted at the Stockholm Conference of 1972 on problems of the human environment: “States have sovereign the right to develop its own resources in accordance with its own environmental policies.”

States must rationally use natural resources, taking into account their potential and the need for reproduction, avoiding irreversible negative consequences. They must not change the natural conditions on their territory if this has a harmful effect on the nature of other states. This requirement is a concretization of the general principle of law “use yours in such a way as not to harm another.” In relation to international environmental law, this principle was formulated in the Stockholm Declaration of 1972: “States have a responsibility to ensure that activities within their jurisdiction or control do not cause damage to the environment of other States or areas beyond national jurisdiction.” It is also expressed in international treaties, in particular in the Convention on the Prohibition of Military or Any Other Hostile Use of Means of Impact on the Natural Environment of 1976, in the Convention on Long-Range Transboundary Air Pollution of 1979.

States bear international responsibility for environmental damage. The embodiment of such responsibility has become arbitration and court decisions on interstate disputes regarding damage as a result of pollution.

International law also enshrines such provisions as freedom of environmental research, promotion of international environmental cooperation, assessment of transboundary environmental consequences, exchange of information and mutual consultations.

International law: concept and subject of regulation.

International law– a set of legal norms created by states and interstate organizations through agreements, and representing an independent legal system, the subject of regulation of which is interstate and other international relations, as well as certain intrastate relations. Legal system - this is the totality of all legal phenomena in the state. Elements: legal system; lawmaking; law enforcement; legal consciousness; legal ideology.

Subject of international law– international relations – relations that go beyond the competence and jurisdiction of any state. Includes relationships:

· between states – bilateral and multilateral relations;

· between states and international intergovernmental organizations;

· between states and state-like entities;

· between international intergovernmental organizations.

International law: concept and subject of regulation. System of international law

From the lecture: International Law– a system of treaty and customary international legal norms expressing the agreed will of states and other subjects of international law and aimed at regulating international legal relations.

Features of international law:

1. Subject international-legal regulation – international legal relations:

Relations between states

Relations involving other public legal entities (international organizations, nations fighting for independence, state-like entities)

Relations involving private legal entities (individuals and legal entities)

The subject is also some internal relations

2. Subjects of international law: states, international intergovernmental organizations, nations fighting for independence, state-like entities.

3. Sources: international treaty, international custom, acts of international courts, acts of international organizations, conferences, doctrine.

4. The method of formation of norms and functioning of international law is agreement between states.

5. Lack of a central coercive apparatus

System of international law

System-forming elements of international law:

· Basic principles of international law (UN Charter, Declaration of Principles of International Law, Helsinki Act)

· General principles of law

· System-wide institute: institute of international responsibility, succession, international legal personality

· Branches of international law

Criteria for dividing international law into branches:

Subject of regulation

Industry guidelines

· Method – coordination of the will of the state

Principles of international law: concept, acts, consolidating and specifying them

From Wikipedia: Principles of international law- these are the most important and generally recognized norms of behavior of subjects of international relations regarding the most important issues of international life, they are also a criterion for the legality of other norms developed by states in the field of international relations, as well as the legality of the actual behavior of states.

Compliance with the principles of international law is strictly mandatory. A principle of international law can only be abolished by abolishing social practice, which is beyond the power of individual states or a group of states. Therefore, any state is obliged to respond to attempts to unilaterally “correct” social practice by violating principles.

The main sources of principles of international law are the UN Charter, the 1970 Declaration of Principles of International Law and the 1975 Helsinki Final Act of the Conference on Security and Cooperation in Europe.

The doctrine of international law identifies ten universal principles:

· The principle of non-use of force and threat of force;

· The principle of resolving international disputes by peaceful means;

· The principle of non-interference in matters within the internal competence of states;

· The principle of the duty of states to cooperate with each other;

· The principle of equality and self-determination of peoples;

· The principle of sovereign equality of states;

· The principle of faithful fulfillment of obligations under international law;

· The principle of inviolability of state borders;

· Principle territorial integrity states;

· The principle of respect for human rights and fundamental freedoms.

Sources of international law: concept and types. Interpretation of Article 38 of the Statute of the International Court of Justice

According to the lecture: MP sources:

1. International treaty

2. International custom

3. Acts of international organizations and conventions

4. Acts of international courts

Article 38 of the UN International Statute – the UN Court adheres to international law when considering cases. This article lists sources which the UN Court is guided by: international conventions, custom, general principles of law; judicial decisions and doctrines can be adopted to establish the content of international law norms.

International treaty

The definition in Article 2 of the VC is an international agreement concluded between states ( this is in the VC, and there are also agreements concluded by international organizations ) writing and regulated MP, regardless of whether such an agreement is contained in one document or in several related documents, and also regardless of its specific name.

Classification of international treaties

1. By number of participants

1) Double-sided

2) Multilateral

Universal

Regional

1) closed – a limited number of states participate

2) open – any state participates

3.by name

1) agreement

2) agreement

4) convention

7) protocol, etc.

International custom

Custom

The custom goes through two stages:

1. formed by a universal rule of behavior

2. becomes mandatory

custom structure:

1. interstate practice:

Repeatable;

Long lasting.

customs

2. Subjective element opinion uris

1. Official statement of the state

2. Practice of international organizations

3. Practice of international courts

4. Practice of national courts

5. Unilateral acts of the state

6. National legislation

7. International treaties

8. Draft agreements, etc.

Comparison of custom and contract

Acts of international organizations as a source of mp

1. Some international organizations adopt normative acts (not legally binding). Examples: acts of the organization on the budget of the organization, on the admission of organizations as members of the organization

2. Acts of international organizations in the field of technical regulation. Example: acts (IKAL)??, WHO acts, IMO acts, ILO acts

3. Some acts contain individual regulations that give rise to legal obligations (UN Security Council resolution).

4. International organizations have the right to conclude an international treaty.

5. Participate in the formation of international custom.

International custom

Custom is evidence of general practice accepted as a legal form.

International custom is formed as a result of established practice between states, which is subsequently recognized by them as legally binding (for example, freedom of the high seas, the inviolability of outer space).

The custom goes through two stages:

3. formed by a universal rule of behavior

4. becomes mandatory

custom structure:

3. interstate practice:

It must be universal (most states must follow the rule), but not absolutely universal;

Sustainable, consistent, but not monotonous;

Repeatable;

Long lasting.

The rules formed in practice are called customs(continuous provision of economic assistance)

4. Subjective element opinion uris- this is the recognition by states of a rule of behavior formed in practice as legally binding.

Sources (means) of establishing the content of international custom

9. State official statement

10. Practice of international organizations

11. Practice of international courts

12. Practice of national courts

13. Unilateral acts of the state

14. National legislation

15. International treaties

16. Draft agreements, etc.

Comparison of custom and contract

Agreement and custom have equal legal force.

MULTILATERAL TREATIES.

The Vienna Convention on Succession of States in Respect of Treaties, 1978, established general rule, according to which the new independent state is not obligated to keep any contract in force or become a member. BUT a new independent state by notification of succession may become a party to any multilateral treaty that was in force (and also not in force at the time of succession, but concluded under the condition of ratification, acceptance) in relation to the territory that is the object of succession.

If it appears from a treaty or is otherwise established that the application of that treaty in relation to a newly independent state would be incompatible with the object and purpose of this treaty or would radically change the conditions of its operation, then the new state cannot participate in such an agreement.

If it follows from a treaty that participation in this treaty of any other state requires the consent of all its participants, a newly independent state can establish its status as a party to this treaty only with such consent.

BILATERAL TREATIES.

A bilateral treaty is considered to be in force between a newly independent state and another participating state if:

They clearly agreed on this

UNIFICATION OF STATES

If two or more States unite into one State, any treaty in force in respect of any of them shall continue to be in force in respect of that State. Exception: If it is clear from a treaty that the application of that treaty to a successor State is incompatible with the object and purpose of that treaty.

Continuity of Russia.

Continuity refers to Russia's continued implementation of the rights and obligations of the former USSR provided for in the treaties.

His main expression:

1. continuation of the Russian Federation's membership in the UN and the Security Council. The CIS states, with the exception of Ukraine and the Republic of Belarus, independently had to join the UN, become parties to treaties on human rights, disarmament and other international legal documents.

2. responsibility of the Russian Federation as a nuclear power. (Kazakhstan, Ukraine, Belarus - at that time received the status of non-nuclear powers and were forced to join the treaty on the non-proliferation of nuclear weapons).

3. Fulfillment by the Russian Federation of the obligations of the USSR under treaties with the USA on reducing nuclear

danger.

4. this was also continued in international treaties with France, Italy,

Belgium, Spain, Czech Republic.

This type of relationship does not contradict the concept of succession, but is simply one of the types. And this also does not mean that the rights of other states that were located on the territory of the former USSR were infringed.

17. Implementation of MP: concept, forms, content.

Implementation- this is the embodiment of the norms of international law in the behavior and activities of states and other entities, this is the practical implementation of normative requirements. IN official documents UN, the term “implementation” has become widespread in various publications.

The following forms of implementation can be distinguished.

Compliance. Prohibition norms are implemented in this form. Subjects refrain from committing actions that are prohibited by international law. For example, subject to compliance with the Treaty on the Non-Proliferation of Nuclear Weapons of 1968, some states (nuclear) do not transfer to anyone nuclear weapon or other nuclear explosive devices, as well as control over such weapons, and other (non-nuclear) states do not produce or acquire nuclear weapons or other nuclear explosive devices. In such situations, the passivity of the subjects indicates that the rules of law are being implemented.

Execution. This form presupposes the active activity of subjects in implementing the norms. Execution is typical for norms that provide for specific responsibilities associated with certain actions. In this form, for example, the norms of the Human Rights Covenants of 1966 are formulated. Article 21 of the International Covenant on Civil and Political Rights, in particular, reads: “Each State party to the present Covenant undertakes to respect and ensure for everyone within its territory and under its jurisdiction over persons the rights recognized in the present Covenant...".

Usage. In this case, we mean the implementation of the provided opportunities contained in the norms of international law. Decisions on the use of regulations are made by subjects independently. In this form, the so-called enabling norms are implemented. Unlike the first two cases, there is no strict prescription for specific behavior (action or abstinence from it). So, in Art. Article 90 of the UN Convention on the Law of the Sea states: “Every State, whether coastal or landlocked, has the right to have ships flying its flag sail on the high seas.”

Implementation is a process whereby the relevant subjects to whom a norm is addressed act in accordance with its provisions.

The process of implementing international law as a whole, i.e., taking into account those features that are inherent in the implementation of individual treaties (other international legal acts) and norms, includes two types of activities:

1) direct actual activity (complying with the requirements of the standards) to achieve a socially significant result (for example, moving missiles, launchers, equipment from deployment areas and their elimination in accordance with the Treaty between the USSR and the USA on the Elimination of Their Intermediate-Range and Shorter-Range Missiles of 1987). As a result of such activities, subjects achieve

a certain condition, acquisition, preservation or destruction of an item;

2) legal and organizational support for actual activities. It represents the activities of certain bodies with the aim of creating a legal basis for the implementation of actual activities that comply with the norms of international law, including in cases where it is necessary to “put things in order” in this activity, i.e. if a violation is discovered (non-compliance of activities with norms or refusal of such activity) or threat of violation. Legal and organizational support includes law-making, control and law enforcement (law enforcement) activities and its result is a legal act - normative or otherwise (for example, Article 24 of the Treaty between Russia and France of February 7, 1992 states that “the Russian Federation and the French Republic will enter into separate agreements and arrangements, as necessary, in order to implement the provisions of this Treaty."

Agreement

There has long been a principle in law according to which consent excludes the wrongfulness of an act (volenti non fit injuria). This general principle of law is naturally inherent in international law.

Self-defense

Self-defense as a circumstance excluding the wrongfulness of an act is a general principle of law inherent in international law. His correct understanding is this: force can be repelled by force, but let it be done in moderation, for self-defense, to prevent damage, and not for revenge.

Countermeasures

Under international law, a breach of an obligation by one entity justifies the aggrieved entity's taking countermeasures, which must not constitute the threat or use of force. Countermeasures are actions that would be unlawful if not carried out in response to an offense in order to ensure the cessation of the unlawful act and obtaining compensation for damages.

Countermeasures usually include retortion and reprisals.

Force Majeure

In relations regulated by both domestic and international law, there are situations and events generated by force majeure - force majeure (Latin - vis major).

This has prompted various branches of domestic law to establish rules defining the rights and obligations of legal entities in the event of such events. Quod alias non fuit licitum n?cessitas licitum facit - necessity makes legal what would be illegal under other conditions. This general principle of law also applies to international law. In international law, force majeure refers to a situation in which an entity is forced to act contrary to an international obligation as a result of force majeure or an unforeseen event beyond its control. Disaster

An analysis of international practice shows that disaster cases are mainly associated with aircraft and ships that enter the territory of a foreign state due to poor conditions. weather conditions, technical malfunction, etc. A state of distress as a circumstance justifying conduct that would otherwise be unlawful is provided for in a number of conventions.

State of need

The state of necessity as a circumstance excluding wrongfulness is a general principle of law. N?cessitas vincit legem - necessity prevails over right. And one more thing: law does not require the impossible - lex non cogit ad impossi-bilitia. The difference between force majeure and necessity is seen, first of all, in the fact that force majeure creates conditions in which the corresponding behavior is not only necessary, but also unintentional. In the case of a state of necessity, the choice of behavior is always intentional. It is unacceptable to go beyond what was absolutely necessary - bonum necessarium extra terminus necesitatis non est bonum.

Kinds.

Agreements can be classified according to the number of participants:

Double sided

Multilateral:

Universal (general, in which all subjects of the small business participate or can participate);

Contracts with a limited number of participants.

Contracts can also be:

Closed (as a rule, these include bilateral agreements. Participation in such agreements by third parties requires the consent of their participants);

Open (any state can participate, and such participation does not depend on the consent of the parties to the agreement).

Depending on the government agency. authorities:

Interstate (on behalf of the state);

Intergovernmental (on behalf of the Government);

Interdepartmental (within the limits of their powers).

From normative content:

Law-forming (multiple use);

Agreements – transactions (designed for one-time use)

By object of regulation:

Political: about alliance, non-aggression, neutrality, cooperation, friendship, peace, etc.

Economic: about economic assistance, supplies, construction, loans, payments, settlements, etc.

On special issues: scientific and cultural cooperation, healthcare, legal assistance, etc.

Military: limitation of weapons and armed forces, deployment of troops abroad, supplies of military equipment, etc.

Form: written and oral, “gentlemen’s agreements”

By validity period:

indefinite, definite-urgent and indefinite-term.

By name: treaty, convention, pact, agreement, charter, protocol.

Preparation and adoption of the text of the agreement. Authority.

Authority. The agreement is concluded by representatives of states. For this purpose, they are issued special documents - powers that determine what actions to conclude an agreement this person is authorized to perform. Authorities are issued by the competent authorities of the state in accordance with national legislation. Certain officials, by virtue of their official position and within the limits of their competence, have the right to represent their state and take actions on

concluding an agreement without special powers.

The Vienna Convention on the Law of Treaties provides a list of such persons: a) heads of state; b) heads of government; c) ministers of foreign affairs; d) heads of diplomatic missions; -e) representatives of states at international conferences and international organizations.

If an international treaty is concluded with the participation of an international organization, then special powers for this purpose are not required for a person who, in accordance with the rules of the organization, is considered to represent this organization.

Preparation of the text of the agreement. The text of the treaty is developed through negotiations (direct or through diplomatic channels), at conferences or within international organizations.

Negotiations to develop the text of the treaty are conducted either directly or using diplomatic means. States, through authorized persons, bring to each other's attention their positions on the issue under discussion (or present specific draft treaties). Then, based on their careful study and assessment, they propose possible changes for approval, clarification of positions and, accordingly, a draft agreement. Through mutual concessions and compromises, the project is subject to changes until it becomes acceptable to all participants.

Sometimes diplomatic channels, delegation-level negotiations, foreign ministers' meetings, and summit meetings are used to prepare an agreement on a complex issue.

Acceptance of the text of the agreement. To confirm that the text of the contract is finally agreed (i.e., not subject to change) and authentic documents, its acceptance must be properly formalized (establishing authenticity - genuine, valid, correct). It can be preliminary or final.

The preliminary adoption of the text of the agreement is carried out through voting, initialing, and signing.

As a rule, the text of a treaty prepared at an international conference or in an international organization is adopted by voting. This decision is formalized by an act - a resolution of an international conference or the relevant body of an international organization, which is adopted by a majority vote (simple or two-thirds, depending on the rules approved at the conference or organization).

Initialing- this is the initialing of authorized persons on each page of the contract as a sign of agreement with the text. This form of preliminary acceptance of the text of the treaty is used in relation to bilateral treaties or treaties with a small number of participants (for example, the Treaty between the USSR and Germany on good neighborliness, partnership and cooperation, some agreements of the CIS countries, etc. were initialed). The initialed agreement is subject to final acceptance.

Signing ad referendum is conditional, preliminary, requiring confirmation by the competent authority of the state.

Form of final acceptance of the text of the agreement - signing . It gives rise to certain legal consequences: a) gives the signatory state the right to express consent to be bound by the treaty; b) obliges the signatory state not to deprive the treaty of its object and purpose before it enters into force.

Grounds.

National legislation may determine the list of treaties that are subject to ratification. Federal Law "On International Treaties of the Russian Federation" includes in this list the following types of agreements of the Russian Federation: a) the execution of which requires changes in existing or adoption of new federal laws, as well as establishing rules other than those provided for by law; b) the subject of which are the fundamental rights and freedoms of man and citizen; c) on the territorial delimitation of the Russian Federation with other states, including agreements on the passage of the State Border of the Russian Federation, as well as on the delimitation of the exclusive economic zone and the continental shelf. Russian Federation; d) on the fundamentals of interstate relations, on issues of the defense capability of the Russian Federation and ensuring

international peace and security (including on disarmament issues), as well as peace treaties and collective security agreements; e) on the participation of the Russian Federation in interstate unions, international organizations and other interstate associations, if such agreements provide for the transfer to them of the exercise of part of the powers of the Russian Federation or establish

legal binding of decisions of their bodies for the Russian Federation.

International treaties are also subject to ratification, at the conclusion of which the parties agreed on subsequent ratification (Article 15). Additions have been made to the list of treaties subject to ratification: international treaties of the Russian Federation in the field of mining, production and use of precious metals and precious stones are subject to ratification (Part 3 of Article 24 of the Federal Law "On Precious Metals and precious stones"of March 26, 1998) and international treaties of the Russian Federation concerning displaced cultural property, as well as any other international treaties of the Russian Federation concerning its cultural property (Article 23 of the Federal Law "On cultural property moved to the USSR as a result of the Second World War war and located on the territory of the Russian Federation" dated April 15, 1998).

Procedure.

International treaties of the Russian Federation are ratified by the Federal Assembly of the Russian Federation. The State Duma of the Federal Assembly considers an international treaty submitted by the President or the Government for ratification. After discussion in committees and commissions, a decision is made on ratification in the form of a federal law.

Such a law is subject to mandatory consideration by the Federation Council of the Federal Assembly. The federal law on ratification adopted by him is sent to the President for signing and publication. One example: The Federal Law “On the ratification of the Agreement between the Government of the Russian Federation and the Government of the French Republic on cooperation in the field of research and use of outer space for peaceful purposes” was adopted by the State Duma of the Russian Federation on September 12, 1997, approved by the Federation Council of the Russian Federation on September 24, 1997. , signed by the President of the Russian Federation on October 5, 1997, published in Rossiyskaya Gazeta on October 8, 1997.

UN Charter. Story.

The main provisions of the Charter were developed at a conference of representatives of the USSR, USA and Great Britain, as well as China, held in August 1944. Here the name of the Organization, the structure of its charter, goals and principles, and issues of the legal status of the bodies were determined. The final text of the Charter was agreed upon at the United Nations Conference in San Francisco (April–June 1945) with the participation of representatives of 50 states, with the USSR, USA, Great Britain and China acting as inviting powers.

The solemn signing ceremony of the Charter took place on June 26, 1945, the Charter was subject to ratification by the signatory states in accordance with their constitutional procedure. The instruments of ratification were deposited with the US Government, which served as depositary. It was envisaged that the Charter would come into force after the deposit of instruments of ratification by the USSR, USA, Great Britain, China and France, that is, those states that received permanent membership in the UN, and the majority of states that signed the Charter.

UN Charter. Contents, changes, revisions.

The UN Charter consists of a preamble and 19 chapters covering 11 articles. An integral part of it is the Statute of the International Court of Justice. The Charter establishes the goals and principles of the UN, regulates issues of membership, the structure of the UN, the competence and order of functioning of the main bodies of the UN. There are chapters in the Charter devoted to regional agreements, international economic and regional cooperation, non-self-governing territories and the trusteeship system.
Amendments, that is, changes to certain provisions of the Charter that are of a private nature are adopted by the UN General Assembly with a 2/3 vote of members and come into force after ratification by 2/3 of the members.
Revision. The convening of a General Conference of Members of the Organization is required, which is permitted with the consent of 2/3 of the members of the UN General Assembly. The decision is made by the General Conference 2/3, amendments come into force when they are ratified by 2/3 of the members of the Organization.

Goals and principles of the UN.

Goals:
1. Maintain international peace and security, take collective measures to prevent and eliminate threats to the peace, suppress acts of aggression or other breaches of the peace, settle and resolve international disputes and situations that may lead to a breach of the peace.
2. To develop friendly relations between nations and jointly take measures to strengthen world peace.

3. Carry out international cooperation in resolving international problems economic, social, cultural and humanitarian nature.

4. Be a center for coordinating the actions of the nation in achieving these common goals.
Principles:
1. Sovereign equality of all members of the Organization

2. Conscientious fulfillment of assumed obligations.

3. Resolution of international disputes by peaceful means in a manner that does not jeopardize international peace and security.

4. Refrain from the threat of force.

5. Provision of all possible assistance to the UN by its members in all actions taken by it in accordance with the Charter.
6. Ensuring that non-member states of the UN act in accordance with the principles of the Charter.
7. Non-interference by the UN in matters within the internal competence of any state.
UN membership. Members of the UN are sovereign states. The membership registration procedure distinguishes between initial and newly admitted members.

Initial- those who took part in the founding conference in San Francisco in 1945 signed and ratified the UN Charter.

Admission to UN membership is open to all peace-loving states that accept the obligations contained in the Charter and which, in the judgment of the Organization, are able and willing to fulfill these obligations.

Procedure:
1. The state submits an application Secretary General UN.

2. Admission is carried out by resolution of the General Assembly on the recommendation of the Security Council. Initially, the application is considered by the Committee for the Admission of New Members established under the Security Council, which makes a report with conclusions. A Security Council recommendation is considered valid if at least 9 Council members, including all permanent members, vote for it. At a session of the General Assembly, the decision on admission is made by a majority of 2/3 of the members of the Assembly present and voting.

UN General Assembly.

The UN General Assembly consists of all members of the UN. Each state has at its sessions a delegation of no more than five representatives and five alternate representatives; in this case, the delegation has one vote.

According to the Charter of the United Nations, the General Assembly of the United Nations has the following functions and powers:

· consider the general principles of cooperation in maintaining international peace and security, including in the field of disarmament, and make appropriate recommendations;

· discuss any matters relating to the maintenance of international peace and security and make recommendations with respect to such matters, except when any dispute or situation is before the Security Council;

· discuss any questions within the limits of the Charter or relating to the functions of any organ of the United Nations and, subject to the same exceptions, make recommendations on such questions;

· organize research and make recommendations to promote international cooperation in the political field; development and codification of international law; promoting the implementation of human rights and fundamental freedoms and international cooperation in the economic, social and humanitarian fields, as well as in the fields of culture, education and health;

· receive and consider reports of the Security Council and other United Nations bodies;

· review and approve the budget of the United Nations and determine the amount of assessed contributions of Member States;

· elect non-permanent members of the Security Council and members of other councils and organs of the United Nations and, on the recommendation of the Security Council, appoint the Secretary-General.

The subsidiary bodies of the General Assembly are divided into the following categories: committees, commissions, boards, councils, groups, working groups, etc.

Concept of international law

International law- a complex set of legal norms created by states and interstate organizations through agreements and representing an independent legal system, the subject of regulation of which are interstate and other international relations, as well as certain intrastate relations.

This introductory and concise definition expresses the most essential features of international law. For a more complete understanding of it, it is necessary to take into account other features, primarily the participation in the creation of norms along with the states of some other subjects of law, unique ways of implementing and enforcing international legal norms through collective or individual actions of the states themselves.

International law, by its original characteristics - a set of legal norms and a regulator of certain relations - is akin to the law of the state (domestic, national law), which is a traditional object of jurisprudence, starting with the theory of state and law.

International law as a terminological category is characterized by a certain degree of convention. Historically established and adopted in state and interstate acts, other official documents, and scientific publications

§ 2. Subject of regulation of international law 7

and training courses, the term “international law” 1 is not entirely adequate to the true meaning of the concept.

Its prototype is the term established in Roman law jus gentium(“law of peoples”) 2.

In reality, interstate law exists, since it is not created by peoples directly, but mainly by states as sovereign political organizations, and is focused primarily on regulating interstate relations, and is ensured primarily by the efforts of the states themselves.

Subject of regulation of international law

Relations governed by international law define international legal relations, which include relations:

a) between states - bilateral and multilateral, among which relations covering the international community of states as a whole are of particular importance;

b) between states and international intergovernmental organizations, primarily in connection with the membership of states in international organizations;

c) between states and state-like entities that have a relatively independent international status;

d) between international intergovernmental organizations.

1 The designations in other languages ​​are identical: in English - “International Law”, in French - “Droit international”, in German - “Volkerrecht”, in Spanish - “Derecho international” in Polish - “Prawo miezdynarodowe”, in Finnish - “ Kansainvalin-en oikeus”, in Ukrainian - “M1zhnarodne pravo”, in Latvian - “Starptantiskas tiesibas”, etc.

2 Term jus gentium, originally understood as a set of rules that applied to all free people within the territory of the Roman state, regardless of their belonging to a particular clan or nationality, later acquired a broader meaning as a set of generally accepted norms in the relations of Rome with other states (“the law common to all peoples” ) (cm.: Pokrovsky I. A. History of Roman law. Pg., 1917. P. 97-98).

8 Chapter 1. The concept of international law, the subject of regulation

In previous periods, relations between states and national political organizations that led the struggle of peoples (nations) for independence, as well as relations of such national political organizations with international organizations, were widespread.

All of these types of relationships can ultimately be qualified as interstate relations, since every international intergovernmental organization is a form of unification of states. The political organization of a struggling nation acts as an emerging state, and a state-like entity has a number of characteristics of a state.

Along with international interstate relations, there are international relations of a non-state nature- between legal and individuals various states (the so-called relations “with a foreign element” or “with an international element”), as well as with the participation of international non-governmental organizations and international economic associations.

IN special category Mixed international relations of a state-non-state nature can highlight the relations of states with legal entities and individuals under the jurisdiction of other states, as well as with international non-governmental organizations and international economic associations.

When considering international interstate relations, it should be taken into account that they acquire such a character because their content goes beyond the competence and jurisdiction of any individual state, becoming the object of the joint competence and jurisdiction of states or the entire international community as a whole.

Such an explanation is necessary because in the legal literature one can find judgments based on a purely territorial approach and reducing international relations to the activities of states outside their territory, the spatial sphere of their sovereignty.

Understanding the subject of international law is related to the answer to the question: to whom are the norms of international law addressed?

The Course of International Law states that the norms of international law oblige the state as a whole, and not

§ 2. Subject of regulation of international law 9

its efficient bodies and officials, and the competence and behavior of state bodies and officials responsible for ensuring the fulfillment of international obligations are regulated by the norms of domestic law 1 . A clarification is necessary here: the norms of international law not only oblige, but also provide powers, i.e., they authorize. As for the essence of the problem, in real international legal practice the addressee of these norms is not only the state itself. Many international treaties directly formulate the rights and obligations of well-defined government agencies and even officials, indicate very specific executors of contractual norms, directly placing responsibility for the implementation of obligations on them. Moreover, there are international treaties (and their list is steadily increasing), individual norms of which are directly addressed to individuals and various institutions (legal entities) as potential bearers of rights and obligations established by treaty norms.

International law exists, as it were, in two dimensions and therefore can be characterized in two aspects. It was formed and functions as part of an interstate system, covering heterogeneous components of relationships within the international community 2. Accordingly, this approach predetermines the understanding of international law as a regulator of international relations 3, foreign policy actions of states as a legal complex that exists in the interstate system and only in it. This interpretation of international law is common in published scientific works and textbooks.

At the same time, another aspect deserves attention: the characteristics of international law as an integral part of the emerging global legal complex, which includes, along with international law, the legal systems of states,

1 See: Course of International Law. M., 1989. T. 1. P. 283-284.

2 See more details: International Law Course. T. 1. P. 9-12; International law / Rep. ed. G. I. Tushin. M., 1994. S. 3-10, 17-22.

3 According to the Federal Law of July 15, 1995 “On International Treaties of the Russian Federation”, “international treaties form the legal basis for interstate relations...”.

Chapter 1. The concept of international law, the subject of regulation

i.e. intrastate, national legal systems. This refers to coordination, interaction, within the framework of which certain norms of international law participate in the regulation of intrastate relations and are directly applied in the sphere of the legal system of the state.

Related to this is what can be called a “counter movement” in modern law: international treaties and other international legal acts are oriented towards interaction with national legislation, while maintaining a respectful attitude towards it, towards the jurisdictional prerogatives of each state; laws and other regulatory acts of states are enriched with norms stipulated by international law, containing references to international treaties, provisions on the joint application of national and international rules and on the priority application of international rules in conflict situations.

Consequently, one of the essential conditions for knowledge of international law is the study in a complex of international and domestic legal acts intended for the coordinated regulation of homogeneous relations and thus having combined subject of regulation.

The very names of many international treaties clearly indicate their complex (international-domestic) purpose: International Covenant on Civil and Political Rights, International Covenant on Economic, Social and Cultural Rights, Convention on the Rights of the Child, treaties (conventions) on legal assistance and legal relations in civil, family and criminal cases, contracts (agreements) to avoid double taxation income and property, on the encouragement and mutual protection of investments, on cooperation in the field of science and education, social security, etc. Many of the international treaties are related in their subject matter to the provisions of the Constitution of the Russian Federation, with the laws of the Russian Federation (until December 1991 - with laws of the USSR).

Part 1 art. 17 of the Constitution of the Russian Federation states that the rights and freedoms of man and citizen are recognized and guaranteed “in accordance with the generally recognized principles and norms of international law.” In accordance with Art. 2 of the Federal Law of May 31, 2002 “On Citizenship of the Russian Federation” issues of citizenship

§ 2. Subject of regulation of international law

The tributes are regulated not only by the Constitution of the Russian Federation, the aforementioned Law, and other regulatory legal acts of the Russian Federation, but also by international treaties of the Russian Federation. The Civil Code of the Russian Federation of 1994 1 provides for the direct application of international treaties of the Russian Federation to certain civil legal relations (Part 2 of Article 7). The Federal Law “On the detention of suspects and accused of committing crimes” of 1995 established that detention is carried out in accordance with the principles and norms of international law, as well as international treaties of the Russian Federation (Article 4).

Historically, there has been a distinction between two categories - public international law And international private law. The international law that we are talking about as a regulator of interstate relations was usually called public international law (in our time this name is used very rarely, since it has been replaced by the term “international law”). Private international law traditionally includes the rules of behavior and relationships between participants in international relations of a non-state nature, meaning primarily civil law and related relations with a foreign (international) element. Such rules are contained both in the domestic law of states under whose jurisdiction the relevant individuals and legal entities are, and in international treaties and international customs (see § 6 of Chapter 1 of this textbook).

The modern relationship between public international law and private international law is characterized by their convergence and interpenetration, since, on the one hand, international relations with the participation of individuals and legal entities have gone beyond the civil law framework, covering issues of family, administrative, and labor law, and, on the other hand , international treaties began to play a more significant role in regulating this type of relationship, directly establishing the rules of conduct for individuals and legal entities under the jurisdiction of various states. Accordingly, the presentation of many issues of international law (international public

12 Chapter 1. The concept of international law, the subject of regulation

law) is inseparable from the involvement of materials of private international law, meaning a real convergence or even combination of the subject of regulation, the circle of participants in legal relations, methods and forms of regulation 1.

So, modern international law is characterized expansion of the sphere his applications, and consequently, and expansion of the regulatory framework, since a new sphere of application presupposes the creation of legal norms specifically intended for it and adapted to it. This refers to the sphere of intrastate relations, which, in principle, are subject to intrastate legal regulation. Certain of its elements, as agreed between the states themselves, are considered as objects of joint regulation - with the participation of both domestic and international legal norms.

The noted circumstances make it possible to characterize the norms of international law not only as rules of interstate relations, but also as rules adopted in agreement by states for their mutually acceptable actions within their own jurisdiction, as well as rules relating to the status and activities of other entities (including individuals and legal entities) in in accordance with the general interests of states.