Basic principles of international law. Principle of inviolability of state borders Principle of territorial integrity of states Recognition

CHAPTER VII. Strengthening the constitutional institutions of the state-territorial organization is the main guarantee against another "development" and division of Russia

TERRITORIAL INTEGRITY OF STATES AND ITS ENSURING: THEORETICAL AND LEGAL AND INTERNATIONAL LEGAL DIMENSIONS

N.V. Ostroukhov

Department of International Law Russian University Friendship between nations

st. Miklukho-Maklaya, 6, Moscow, Russia, 117198

The article analyzes the principle of territorial integrity of states as one of the principles of modern international law and reveals its theoretical legal and international legal foundations.

Key words: territorial integrity, state, international law, international legal principles.

The territorial integrity of a state is an integral element of its sovereignty and is achieved through the adoption of a set of political, legal, organizational, diplomatic, military, special and other measures at the international and domestic levels. important place among these measures is given to international legal measures regulating the activities of states and other subjects of international law in this area.

The principle of territorial integrity has successfully entered into the system of basic principles of international law. Based on the fact that this system covers the principles according to which the UN organizes its activities, it can be assumed that the purpose of the system coincides with the purpose of this organization - the maintenance of international peace and security and the development of friendly relations and cooperation between states.

For the first time legally designated at the universal level in the UN Charter of 1945 and reflecting the most important property of any state, the international legal principle of territorial integrity received further development in a number of international treaties, the Declaration on Principles of International Law Concerning Friendly Relations and Cooperation among States in accordance with the Charter of the United Nations in 1945, the Final Act of the Conference on Security and Cooperation in Europe in 1975, as well as consolidation in many other international documents . International law stands guard over the principle of the territorial integrity of states and does not encourage separatism and other encroachments on this principle.

However, in Russian legal practice, the name of this principle has not been finally established: one can find mention as a territory

nal integrity, and on territorial inviolability. Similar situation arose due to inconsistencies between the formulations of the principle of the non-use of force and the threat of force (refraining from the use of force and the threat of force) in the Russian and English texts of the UN Charter. The Russian version speaks of "territorial integrity", the English version speaks of "territorial integrity" ("territorial integrity").

At the same time, the concept of territorial integrity is repeatedly found both in the UN Charter itself and in the Declaration on the Principles of International Law of 1970 (hereinafter referred to as the Declaration), its Preamble, and its other provisions, for example, those related to the principle of equal rights and self-determination of peoples.

In international law, the principle of the territorial integrity of states, unfortunately, is not disclosed. In the doctrine of international law, its content is also often given different meanings, the relationship of this principle with other principles of international law, in particular with the principle of inviolability of state borders, the principle of equality and self-determination of peoples, is not clearly defined. This often leads to a different assessment of the events taking place in the world.

In the UN Charter and the Declaration, the principle of territorial integrity is not singled out as an independent principle of international law, although this is often noted in the doctrine of international law, but, undoubtedly, it is a universally recognized, basic principle of international law, a norm of jus cogens and is one of the cementing principles of international law and world order. Note that, in our opinion, it is more correct to speak of the principle of "observance or respect for the territorial integrity of the state" as a basic principle of international law, closely related to other principles of international law.

Thus, in the preamble of the Declaration on Principles of International Law of 1970, it is stated that all states should refrain in their international relations from the threat or use of force against both the territorial integrity (territorial integrity - N.O.) or the political independence of any state, and - in any other way inconsistent with the purposes of the UN (principle of non-use of force or threat of force).

Any attempt aimed at partial or complete violation of the territorial integrity of the state is incompatible with the purposes and principles of the UN Charter. The Declaration recalls the obligation of states to refrain in their international relations from military, political, economic or any other form of pressure directed against the territorial integrity of any state.

In essence, this is a prohibition of forceful or non-forceful actions, their attempts or threats of such actions against the territorial integrity of the state. And here we are talking about the external form of influence on the state. Such pressure can be exercised by military, political, economic and other means aimed at the complete or partial dismemberment of the state. In particular, actions against territorial integrity can be expressed in the form of ag-

ressions. Aggressive war is a crime against peace, which entails responsibility under international law. States are obliged to refrain from propaganda of aggressive wars.

Any violation of territorial integrity cannot be recognized as lawful from the outset. The territory of a state must not be the object of military occupation resulting from the use of force in violation of the provisions of the UN Charter. The territory of a state must not be the object of acquisition by another state as a result of the threat or use of force. No territorial acquisition resulting from the threat or use of force should be recognized as legal.

The threat or use of force should never be used as a means of settlement international affairs, this is contrary to the principle of the pacific settlement of international disputes, according to which States resolve their international disputes by peaceful means in such a way as not to endanger international peace and security and justice.

Often it is territorial disputes that lead to the violation of the territorial integrity of the state. The use of peaceful means is often aimed at a fair resolution of such disputes. But even with a positive outcome of this process, the former territorial configuration of the disputing states can be changed, on the basis of mutual agreement on changing their territories and changing the joint state border.

The Declaration does not directly indicate the relationship between the principle of territorial integrity and the principle of cooperation, which is ensured through the obligation of states to cooperate in order to maintain international peace and security, to exercise their international relationships in the economic, social, cultural, technical and commercial fields in accordance with the principles of sovereign equality and non-intervention. The member states of the UN are obliged, in cooperation with the UN, to take joint and individual measures provided for by the relevant provisions of the Charter, which includes, among other things, the repulse of aggression directed against the territorial integrity of states, the establishment of fair state borders.

It is impossible not to point out the interrelation of the principle concerning the obligation in accordance with the UN Charter not to interfere in matters within the internal competence of any state (the principle of non-intervention) with the principle of territorial integrity. No state or group of states has the right to interfere directly or indirectly, for whatever reason, in the internal and external affairs of another state. As a consequence, armed intervention and all other forms of interference or any threat directed against the legal personality of a State or against its political, economic and cultural foundations are a violation of international law.

Violation of territorial integrity can be carried out without the use of armed force against the state, namely by influencing the internal life of the state or contributing to negative processes taking place in states, for example, non-international armed conflicts, aggravation of national contradictions in the state, religious hatred.

Often, states secretly or openly support certain forces located on the territory of their own or another state, aimed at dismembering the territory of a foreign state. Each state has an obligation to refrain from organizing or encouraging the organization of irregular forces or armed bands, including mercenaries, to invade the territory of another state. This also applies to organizing, inciting, assisting or participating in acts civil war or terrorist acts in another state or from condoning organizational activities within its own territory aimed at the commission of such acts, in the event that the acts referred to here involve the threat or use of force.

No State shall also organize, assist, incite, finance, encourage or tolerate armed, subversive or terrorist activities aimed at changing the structure of another state through violence, as well as intervening in the internal struggle in another state. The use of force to deprive peoples of the form of their national existence is a violation of their inalienable rights and the principle of non-intervention.

The principle of sovereign equality of states is directly related to the principle of territorial integrity. All states enjoy sovereign equality. They have the same rights and obligations and are equal members of the international community, regardless of economic, social, political or other differences. In particular, the concept of sovereign equality includes such elements as the duty of each State to respect the legal personality of other States, to fulfill fully and in good faith its international obligations and to live in peace with other States. The territorial integrity and political independence of the state are inviolable.

Principle conscientious performance states of international obligations is a fundamental, cementing principle of international law and is aimed, among other things, at ensuring the obligations of states to respect the territorial integrity of each other and prevent its violation by third states.

Historically, the self-determination of peoples quite often becomes the reason for the violation of the territorial integrity of states, their collapse. Establishment of a sovereign and independent state, free accession to or association with an independent state, or the establishment of any other political status freely determined by the people, as

defined by the Declaration are the means by which these peoples exercise their right to self-determination. Thus, this document clarifies the list of ways in which a particular people can self-determine. This is due to certain territorial changes or self-determination in the form of autonomy formation.

The Declaration singled out the connection between the principle of equal rights and self-determination of peoples and the principle of territorial integrity.

This principle has found legal consolidation at the universal level in the UN Charter and thus has been recognized as a generally recognized principle of international law. Because of this, all peoples have the right to freely determine their political status and pursue their economic, social and cultural development without outside interference, and every state is obliged to respect this right in accordance with the provisions of the UN Charter. Other states are obliged to promote, through joint and independent action, universal respect for and observance of human rights and fundamental freedoms in accordance with the UN Charter, including the right of peoples to self-determination, which is one of the collective rights and human freedoms.

Each state is obliged to promote, through joint and independent actions, the implementation of the principle of equal rights and self-determination of peoples in accordance with the provisions of the UN Charter and to assist this international organization in fulfilling the obligations assigned to it by the Charter in relation to the implementation of this principle. In addition, every state is under an obligation to refrain from any violent action that deprives the peoples referred to above, in the specification of this principle, of their right to self-determination, freedom and independence.

The Declaration contains, at first glance, a contradiction between the sovereign right of the state in relation to its territory to ensure its territorial integrity and the right of peoples to self-determination, the implementation of which can lead to territorial disintegration.

However, in accordance with this document, the principle of equal rights and self-determination of peoples should not be interpreted as authorizing or encouraging any action that would lead to dismemberment or partial or complete violation of the territorial integrity or political unity of sovereign and independent states acting in accordance with this principle, having governments representing all the people belonging to the territory, without distinction of race, creed or colour.

Thus, the principles of the UN Charter are interrelated, represent a system, and each principle, as noted in the Declaration, must be considered in the context of all other principles.

All states must be guided by these principles in their international activities and develop their mutual relations on the basis of their strict observance. At the same time, it should be noted that the UN Charter and the Declaration gave a limited list of the basic principles of international law. The doctrine of international law is not limited to this list and

includes among them the principle of respect for fundamental human rights and freedoms, the principle of inviolability and inviolability of state borders, which are also associated with the principle of territorial integrity. Thus, the principle of the inviolability of the borders of states (the principle of the prohibition of unlawful changes in state borders) is a universally recognized, basic principle of international law, a norm of jus cogens. It is derived, first of all, from the principle of non-use (refraining from the use) of force or the threat of force, other basic principles of international law interrelated with it, including the principle of territorial integrity.

In turn, the principle of the inviolability of state borders (the principle of observing the passage of the state border on the ground and its regime) is a generally recognized principle of international law. It is derived, first of all, from the principle of non-use of force or threat of force, the sovereign equality of states, other basic principles of international law interconnected with it, as well as the principle of territorial inviolability of states (the principle of the prohibition of the use of force against the territory of a foreign state).

The last mentioned principle is also a generally recognized principle of international law, the norm of jus cogens. It is derived from the principle of non-use (refraining from the use) of force or threat of force, the principle of territorial integrity, and other interrelated basic principles of international law.

Ensuring the territorial integrity of states is one of the actual problems modernity.

History testifies to numerous cases of the disintegration of states into constituent parts, attempts to separate part of their territory from states.

At the same time, it can be confidently asserted that a system for ensuring the territorial integrity of states has developed in the world, although it is still not sufficiently effective, but is in constant development. At the same time, the main goal of this system is to protect the vital interests of states from threats to their territorial integrity. Private goals, that is, goals of the second order, include goals such as weakening the influence, and if possible, eliminating the causes and conditions that contribute to the emergence and operation of these threats, their neutralization and elimination of consequences.

These goals predetermine the role played by the system of ensuring territorial integrity in the functioning of the security systems of specific states, including the Russian Federation. In addition, these goals are components of the goals of higher-level systems that lie in the field of ensuring international security and maintenance of international law and order. This indicates that the system of ensuring the territorial integrity of states can be considered as an integral component of such global systems.

The areas of international cooperation to ensure territorial integrity must correspond to the nature of the threats. Primarily,

their internal and external character. This is due to the fact that territorial integrity is influenced by both internal and external factors. Their understanding can be approached both from interstate and intrastate positions, from established doctrines.

Of particular interest is the international approach.

External influences on the state often lead to certain territorial changes. Although internal processes that are not related to external influence can also lead to a violation of the territorial integrity of states.

In our opinion, the most important are topical issues international cooperation, which are the most important components of the system for ensuring the territorial integrity of states, such as:

International legal registration of the state border of neighboring states as a guarantee of reliable fixation of the line of passage of the state border with the help of international means;

Change in accordance with international law of the passage of state borders;

International legal opposition to separatism as one of the main sources of destruction of the territorial integrity of states;

International cooperation in the field of state border protection, which allows coordinating joint activities states;

Ensuring the territorial integrity of states within the framework of the functioning of the international security system, aimed at preventing, suppressing and neutralizing external threats.

The question of boundaries is great importance for each state. A range of interests of states is concentrated on the borders, many of which are vital and form the basis of the national security of each of them. Establishment of fair and strong state borders, their proper registration is an important factor in ensuring international security, development of friendly relations between states.

At the same time, the clarity of the definition of the state border in the agreement of neighboring states and its establishment on the ground contributes to the implementation in practice of such fundamental principles of modern international law as the territorial integrity of states and the inviolability of state borders. The preservation and strengthening of international peace and security largely depends on this, since territorial disputes, the claims of one state to the territory of another very often led to conflicts, armed clashes and wars between them.

If for territorial claims indeed, there are grounds, then any change in the ownership of the state territory is possible only by peaceful means, on the basis of an agreement between the states concerned, with the help of which new state borders can be established and legally formalized. The establishment of a fair state border is of great importance for the normalization of relations between resistance

separate states, especially in cases where there have been disagreements between them in the past on border issues.

Any change in the territory of a state, its new political and legal outlines, with the exception of cases of rejection of part of the territory of the state that committed an act of aggression (in this case, the consent of such a state is not required - N.O.), should be carried out on the basis of a voluntary agreement of neighboring states, the principle of equality and self-determination of the peoples inhabiting the respective territory, taking into account other legitimate interests of states. New borders must be fixed in the agreement of neighboring states or in international custom.

Unclear definition of the passage of the state border, different approaches to its establishment, due to the historical, economic and other interests of states, the lack of clear agreements on the passage of the border, the ambiguity of their wording and even errors in documents on the delimitation of the border, inaccurate demarcation of the border can lead to territorial disputes. Such disputes are very important issue and reduce the level of security of the state, its vital interests, one of the elements of which is to ensure the territorial integrity of the state.

The threat to the territorial integrity of states is created by separatism, the danger of which has always accompanied mankind, and some signs of which as an illegal phenomenon are reflected in the resolution General Assembly The UN, which approved the Declaration on the Principles of International Law in 1970. It is noteworthy that the first international treaty in which separatism was defined, its composition was fixed, was the Shanghai Convention on Combating Terrorism, Separatism and Extremism of 2001, which, as you know, is a regional international contract.

Global community can and should take real steps on countering separatism, namely, neutralizing the causes and conditions conducive to the emergence of separatism, localizing its development in states, combating separatism, minimizing and (or) eliminating the consequences of manifestations of separatism. The issue of countering separatism began to be in the field of view of international intergovernmental organizations.

The main goal of international cooperation in countering separatism should be to ensure the protection of the territorial integrity of states from the threats of separatism. The main tasks are the development of common approaches of states to counteract separatism; improvement of the legal foundations of cooperation, as well as the development and harmonization of the laws of states in this area; identification and elimination of causes and conditions conducive to separatism; its prevention and suppression; countering the financing of separatism in any form; increasing the efficiency of interaction between the competent authorities of states in preventing, detecting, suppressing and investigating separatism, identifying and suppressing the activities of organizations and persons involved in it; creation in the world of an atmosphere of complete rejection of separatism.

Along with regime measures at joint borders, the states take measures for their joint protection, which is carried out by the border departments of neighboring states.

Neighboring states, in the interests of ensuring their security, as a rule, conclude bilateral and multilateral international treaties on a system of interrelated issues related to the protection of a common state border. Cooperation agreements on border issues ensure the timely and coordinated exchange of information, including on persons for whom, in accordance with national legislation, there are restrictions on entry into the territory of these states or on exit from their borders, including persons participating in the separatist activities.

The parties agree on a joint border policy, develop and implement joint programs on border issues, and implement a long-term strategy for mutually beneficial border cooperation. The main activities in this area, as a rule, are; unification of the legislative and regulatory framework of the participating States in the field of border policy; formation of a unified system of border and customs control at the borders; unification of approaches to the conclusion of international agreements with third countries on border issues; integration of management and optimization of interaction between state bodies of states in the field of ensuring security at their borders. There is a practice of states providing mutual assistance to each other in protecting borders with third states, within the framework of relevant international treaties. International organizations are also one of the important tools for ensuring the territorial integrity of states through the coordination of efforts to protect the borders of their members.

At present, the military-political situation in the world has acquired a qualitatively new character, rather complex and contradictory. Its development is influenced by a large number of external and internal factors that are closely interconnected and interdependent. There is a significant number of regional interstate and intrastate problems, the aggravation of which is fraught with escalation into international armed conflicts and local wars. The prerequisites for this remain in social, political, economic, territorial, national-ethnic, religious and other contradictions, as well as in the commitment of a number of states to resolve them by force.

There are currently attempts individual countries or groups of countries to pursue a course towards regional or global dominance, occupying a special place in the world system due to their military-strategic, economic or scientific-technical potential, the action of a position of strength.

The situation at the borders and ensuring territorial integrity are also influenced by factors within states. Presence of zones of armed conflicts

non-international character, the complexity of the transition period, the reasons for which lie in the unresolved mutual claims independent states and new national formations to each other, the actions of many unconstituted armed formations within states have a negative impact on the domestic political situation and are main reason instability in these states.

One of the effective means of ensuring the territorial integrity of states is the creation of a reliable system collective security, which, as you know, can be general (universal) or regional. Such a system is an organizational form and a set of coordinated joint measures of the states of the whole world or a certain geographical area, taken to prevent and eliminate threats to the peace, suppress acts of aggression or other violations of the peace, as well as to protect the vital interests of states from other external threats. The functioning of this system is impossible without appropriate international legal measures.

Thus, territorial integrity is manifested in the unity of the territory to which the sovereignty of the state extends. This is a qualitative characteristic of the state. Territorial integrity is determined by its ability to maintain its territory within the boundaries established in accordance with international law, to counteract external and internal threats aimed at changing the territory of the state. Preservation of the territorial integrity of states is both domestic and international problem. In this regard, the scientific study of the entire range of international legal issues that affect the territorial integrity of states and contribute to its strengthening is of particular relevance.

LITERATURE

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Chernichenko S.V. Theory of international law. In 2 volumes - V. 1. Modern theoretical problems. - M., 1999.

TERRITOTIAL INTEGRITY OF STATES AND ITS GUARANTEE: THEORETICAL-LEGAL AND INTERNATIONAL-LEGAL

The Department of International Law Peoples" Friendship University of Russia

6, Miklukho-Maklaya st., Moscow, Russia, 117198

The are analyzed principle of territotial integrity of states as one of the general principles of the

modern international law and also studied the main theoretical-legal and international-legal bases of this

principle in the actual.

Key words: territorial integrity, stete, international law, international-legal principles.

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This principle was established with the adoption of the UN Charter in 1945, but the process of its development continues. The very name of the principle has not been finally established: one can meet the mention of both territorial integrity and territorial inviolability. Both of these concepts are close in meaning, but their legal content is different. concept territorial integrity broader concept territorial integrity: unauthorized intrusion of a foreign aircraft into the airspace of a state would be a violation of its territorial integrity, while the territorial integrity of the state would not be violated.

The purpose of this principle in the modern world is great from the point of view of stability in interstate relations - it is the protection of the territory of the state from any encroachment. In accordance with Part 3 of Art. 4 of the Constitution of the Russian Federation "The Russian Federation ensures the integrity and inviolability of its territory."

In the Declaration on the Principles of International Law of 1970, when disclosing the content of the wording of paragraph 4 of Art. 2 of the UN Charter reflected many elements of the principle of territorial integrity (inviolability) and established that each state "must refrain from any action aimed at the partial or complete violation of the national unity and territorial integrity of any other state or country."

The content of this principle in the Final Act of the CSCE goes beyond the provisions on the prohibition of the use of force or the threat of force, or the transformation of territory into an object of military occupation, or the acquisition of territory using force or its threat. According to the Final Act, states, committing to respect each other's territorial integrity, must "refrain from any action inconsistent with the purposes and principles of the UN Charter." This may include any action against territorial integrity or inviolability - the transit of any vehicles through foreign territory without the permission of the territorial sovereign is a violation of not only the inviolability of borders, but also the inviolability of the state territory, since it is it that is used for transit. All natural resources are integral components of the territory of the state, and if the territory as a whole is inviolable, then its components, i.e., natural resources in their natural form, are also inviolable. Therefore, their development by foreign persons or states without the permission of the territorial sovereign is also a violation of territorial integrity.

In peaceful communication between neighboring states, the problem often arises of protecting the state territory from the danger of damage to it by any influence from abroad, i.e., the danger of deterioration of the natural state of this territory or its individual components. The use by a state of its territory must not damage the natural conditions of the territory of another state.

This principle was established with the adoption of the UN Charter in 1945, but the process of its development continues. The very name of the principle has not been finally established: one can meet the mention of both territorial integrity and territorial inviolability. Both of these concepts are close in meaning, but their legal content is different. concept territorial integrity broader concept territorial integrity: unauthorized intrusion of a foreign aircraft into the airspace of a state would be a violation of its territorial integrity, while the territorial integrity of the state would not be violated.

The purpose of this principle in the modern world is great from the point of view of stability in interstate relations - it is the protection of the territory of the state from any encroachment. In accordance with Part 3 of Art. 4 of the Constitution of the Russian Federation "The Russian Federation ensures the integrity and inviolability of its territory."

In the Declaration on the Principles of International Law of 1970, when disclosing the content of the wording of paragraph 4 of Art. 2 of the UN Charter reflected many elements of the principle of territorial integrity (inviolability) and established that each state "must refrain from any action aimed at the partial or complete violation of the national unity and territorial integrity of any other state or country."

The content of this principle in the Final Act of the CSCE goes beyond the provisions on the prohibition of the use of force or the threat of force, or the transformation of territory into an object of military occupation, or the acquisition of territory using force or its threat. According to the Final Act, states, committing to respect each other's territorial integrity, must "refrain from any action inconsistent with the purposes and principles of the UN Charter." This may include any action against territorial integrity or inviolability - the transit of any vehicles through foreign territory without the permission of the territorial sovereign is a violation of not only the inviolability of borders, but also the inviolability of the state territory, since it is it that is used for transit. All natural resources are integral components of the territory of the state, and if the territory as a whole is inviolable, then its components, i.e., natural resources in their natural form, are also inviolable. Therefore, their development by foreign persons or states without the permission of the territorial sovereign is also a violation of territorial integrity.

In peaceful communication between neighboring states, the problem often arises of protecting the state territory from the danger of damage to it by any influence from abroad, i.e., the danger of deterioration of the natural state of this territory or its individual components. The use by a state of its territory must not damage the natural conditions of the territory of another state.