The concept of the subject of regulation of the system of international law. Subject of regulation of international law

1. Concept, subject of regulation, functions, principles and sources international law.

2. Subjects of international law. Succession in international law.

1. 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, and also, in some cases, relations involving individuals and legal entities.

Like any legal system, international law has its own subject of regulation. Relations that are the subject of international legal regulation can be divided into interstate and non-interstate.

Interstate - relations between states, between states and nations fighting for independence. International legal norms are aimed primarily at regulating relations between the main subjects of international relations - states.

International law also regulates relations of a non-interstate nature - i.e. relations in which the state is only one of the participants or does not participate at all. Relations between states and international organizations, between international organizations, between states, international organizations, on the one hand, and individuals and legal entities, on the other, as well as between individuals and legal entities.

The functions of international law are understood as the main directions of the influence of international law on relations that are the subject of international legal regulation. Actually, the legal functions of international law can be considered stabilizing, regulatory and protective.

The stabilizing function is that international legal norms are designed to organize the world community, establish a certain international legal order and stabilize it.

The most important of the functions of international law is regulatory. Establishing the international legal order and appropriately regulating public relations, international legal norms endow participants in international relations with certain rights and obligations.

The protective function is to ensure the proper protection of international legal relations. In case of violation of international obligations, the subjects of international legal relations have the right to apply the measures of responsibility and sanctions provided for by international law.

Basic principles of international law:

1. The principle of the sovereign equality of states and respect for the rights inherent in sovereignty. According to this principle, all states in international relations enjoy sovereign equality, have equal rights and duties and are equal members of the world community. The concept of equality means that all states are legally equal and must respect the legal personality of other participants in international relations. All states enjoy the rights inherent in full sovereignty. They have the right to independently decide questions about participation in international conferences, organizations and international treaties. The principle of sovereign equality means that the territorial integrity and political independence of states are inviolable, and state borders can be changed only on the basis of an agreement and in accordance with the norms of international law.

2. In accordance with the principle of non-use of force or threat of force, all states in international relations are obliged to refrain from the threat or use of force against the territorial integrity and political independence of other states.

The threat of force should not be used as a means of settling disputes between States. Aggressive wars are declared crimes against peace and humanity and entail responsibility under international law. The territory of a state cannot be acquired by another state as a result of the threat or use of force. No territorial acquisition resulting from the threat of force is recognized as legal by international law.

3. According to the principle of peaceful settlement of international disputes, States are obliged to resolve their international disputes with other States by peaceful means and in such a way as not to endanger international peace, security and justice. Disputes may be resolved through negotiation, inquiry, mediation, conciliation, arbitration, judicial trial, appeals to international organizations or other means at the choice of states. If the parties do not resolve the dispute by one of the above means, they should seek to resolve the differences by other peaceful means.

4. On the basis of the principle of non-intervention in the internal affairs of states, each state has the right to independently choose its own political, economic, social or cultural system without interference from other states. In this regard, states do not have the right to directly or indirectly interfere in the internal or external affairs of another state; should not encourage subversive activities aimed at changing the order of another state through violence, and should not interfere in the internal struggle in another state, refrain from assisting terrorist or subversive activities.

5. The principle of the territorial integrity of states implies that states must respect each other's territorial integrity. States also have an obligation to refrain from making each other's territory the object of occupation or measures of force in violation of international law. No occupation or acquisition of territory is thus recognized as legal.

6. In accordance with the principle of inviolability of frontiers, states consider as inviolable all frontiers of each other and must refrain from any demand or action aimed at seizing part or all of the territory of another state.

7. One of the fundamental principles of international law is the principle of respect for human rights, which are regarded as component comprehensive system of international security. States have an obligation to respect human rights and fundamental freedoms without distinction as to race, sex, language or religion. Respect for human rights is an essential factor for peace, justice and democracy, necessary for friendly relations and cooperation.

8. The principle of the right to self-determination of peoples and nations means that all peoples have the right to freely determine, without outside interference, their political status and their economic, social and cultural development. States have an obligation to refrain from any violent action that deprives peoples of the right to self-determination. However, states should not encourage actions leading to dismemberment or to the violation of the territorial integrity or political unity of those states that have governments representing the whole people without distinction of race, creed or color.

9. The principle of cooperation between states. States must cooperate with each other. Developing cooperation, states should promote mutual understanding and trust, friendly relations among themselves, and improve the well-being of peoples.

The norms of international law are generally binding rules for the activities and relations of states or other entities.

There are no special rule-making bodies in the sphere of international relations. The norms of international law are created by the subjects themselves, primarily by states. The process of creating norms of international law is an agreement on the positions of states, including two stages: 1) reaching agreement on the content of the rule of conduct; 2) the mutually conditioned will of the states regarding the recognition of the rule of conduct as mandatory.

The norms of international law are fixed in the form of certain legal sources. The source of international law is considered to be the form of expression and consolidation of international legal norms.

Currently, in the practice of international communication, four forms of sources of international law have been developed: an international treaty, international legal custom, acts of international conferences and meetings, resolutions of international organizations.

2. Features of international law as a special system of law predetermine the specifics of international legal personality and, ultimately, the qualitative characteristics of the subjects of international law. The most important feature of the subject of international law is its right to perform independent international actions, including the creation of agreed international legal norms.

International legal personality can be defined as the legal capacity of a person to be a subject of international law. According to its origin, international legal personality is divided into factual and legal. Accordingly, there are two categories of subjects of international law: primary (sovereign) and derivative (non-sovereign).

The primary subjects of international law - states and warring nations - by virtue of their inherent state or national sovereignty, are recognized as bearers of international legal rights and obligations. Sovereignty (state or national) makes them independent from other subjects of international law and predetermines the possibility of independent participation in international relations.

The legal source of legal personality for non-sovereign subjects of international law is their constituent documents. Such documents for international organizations are their statutes adopted and approved by the subjects of international law (first of all, primary ones) in the form of an international treaty.

States are the main subjects of international law. International legal personality is inherent in states by virtue of the very fact of their existence. States have an apparatus of power and administration, possess territory, population and, most importantly, sovereignty.

The legal personality of warring nations, like the legal personality of states, is of an objective nature, i.e. exists independently of anyone's will.

A separate group of subjects of international law is formed by international organizations. We are talking about international intergovernmental organizations, i.e. organizations created by the primary subjects of international law. International intergovernmental organizations do not have sovereignty, do not have their own population, their own territory, and other attributes of the state. They are created by sovereign entities on a contractual basis in accordance with international law and are endowed with a certain competence, fixed in the founding documents (primarily in the charter).

Some political-territorial formations also enjoy international legal status. This category of entities includes the Vatican and the Order of Malta, since they are most like mini-states and have almost all the features of a state.

Issues of recognition are closely related to the problem of international legal personality. Recognition in international law is an international legal action of a subject of international law, by which he states the existence of a legally significant event, fact or behavior of a subject of international law. Through the act of recognition, the state agrees to the corresponding changes in the international legal order and in international legal personality. Recognition, in particular, states the entry into the international arena of a new state or government and is aimed at establishing legal relations between the recognizing and recognized states, the nature and extent of which depends on the type and form of recognition. Recognition as a legal fact is the basis for all subsequent relations between subjects of international law. Diplomatic and consular relations are established after recognition.

There are two forms of recognition: de jure recognition and de facto recognition.

De facto recognition is an official but incomplete recognition. This form is used when they want to pave the way for the establishment of relations between states, or when a state considers de jure recognition premature. Today, de facto recognition is quite rare.

De jure recognition is full and final recognition. It involves the establishment of international relations between the subjects of international law in full and is accompanied, as a rule, by a statement on the official recognition and establishment of diplomatic relations.

It is customary to call the succession of states a transition, taking into account the basic principles of international law and the norms on the succession of certain rights and obligations from one state to another. In addition to states, the subjects of succession in international law are international organizations.

The succession of states means the replacement of one state by another in bearing responsibility for the international relations of a territory. In case of succession, a distinction is made between: the predecessor state (the state that was replaced by another during the succession) and the successor state (the state that replaced the predecessor). The grounds for the emergence of the issue of succession may be social revolutions, decolonization, unification or separation of states, transfer of part of the territory to another state.

The concept of the subject of international law

Definition 1

The subject of international law is a samba of a set of norms of an international legal nature that independently regulate various branches of law, including in the field of international relations and domestic relations.

Speaking about the role of international law in modern world, it should be noted that it is constantly growing. This is due to the fact that a number of problems and processes are constantly repeated, and the state is not able to resolve, regulate them with the help of domestic law on the territory of one state.

Remark 1

At the same time, the field of international law acts as one of the most complex branches of law, far from being always covered in legal theory. In this area, there are many problems and contradictions, as well as gaps that require regulation either through the adoption of new regulations or through the development of international legal principles. Some problems in this area receive a very ambiguous interpretation, which is primarily due to the fact that international law is closely related to international politics. Such a position only complicates the situation in this area.

Separate features of this branch of law are manifested in the scope of international law, which regulates a wide range of legal relations, including between states acting as subjects of international law. The customs of international law, the peculiarities of the relations of subjects, sources, as well as the specifics of the legal regulation of public relations in this area have certain features.

International law is very different from domestic law, which is primarily due to the specifics of the subject matter of international law. It is aimed at regulating relations between several sovereign states, that is, between two or more states.

Thus, the subject of international law is understood as the specificity of the legal regulation of the industry, that is, the totality of international relations that develop between various subjects of international law, for example, states, organizations, peoples, and so on.

The subject of international law is a very broad concept, since the scope of international legal relations very broadly covers various areas, for example, the following:

• political;
• economic;
• legal;
• cultural, etc.

From this we can conclude that the interaction between states is carried out in the most various fields, and not only concerning the economic and political development states, but also cultural, environmental, and other spheres.

Method of international law

The method of international law is understood as a special way of influencing a given branch of law on the subject of their regulation. Just like in other branches of law, two main methods of regulation are applied here:

• dispositive;
• imperative.

The first method means on the specifics of such legal regulation, in which any requirements are advisory in nature, that is, legal regulation is based on the legal consciousness of the subjects of law. In the imperative method, the authorities of subjects of law, for example, international organizations, are used, in which subjects of law are obliged to fulfill all the requirements that are put forward in relation to them. Accordingly, any subjects of law have rights and obligations, that is, they have legal capacity, legal capacity, and there is also delinquency, that is, the ability to answer for the offenses committed.

The specifics of the methods of international law

Despite the presence of various methods of legal regulation, international law acts as an independent and integral legal system. At the same time, based on the norms of the Constitution of the Russian Federation, the generally recognized principles and norms of international law and international treaties act only as an integral part of the legal system of Russia, while having priority over national legislation, international norms does not take precedence over the provisions of the Constitution. However, even this situation generates significant discussions in the field of international law.

Mastering the methods of international law makes it possible to fulfill various tasks facing the world community today. Namely:

• ensure the equality of all subjects of international law, especially states;
• settlement of conflicts by any peaceful means, in order to prevent the creation of a military situation;
• permission global problems that face humanity today, including in the environmental sphere, in the political sphere, in the economic sphere, and so on.

Remark 2

It is also necessary to take into account the need to protect the rights and freedoms of man and citizen on the territory of all states. If a violation by the state of the rights and freedoms of a person and a citizen is revealed, despite the fact that the violation occurs within the state, it must be held responsible for the deed, and the violated rights and freedoms must be restored without fail.

The use of imperative and dispositive methods also makes it possible to form legal documents in this area, which would be both mandatory and recommendatory in nature. Speaking about the sphere of international law, it should be noted that the main documents here are advisory in nature. International documents acquire a binding character if they are signed by states and ratified in the prescribed form. Then sanctions follow for their violation.

The implementation of sanctions is carried out by the relevant authorized bodies, which must ensure the executability of international documents and are often enshrined in them. The main method of resolving all conflicts is their peaceful resolution. However, in the event of a massive violation of the rights and freedoms of man and citizen, genocide, the threat of the use of weapons mass destruction military force may be used.

1. International law: concept and subject of regulation. The system of international law.

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

The subject of international law is 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.

2. Application of international law in the sphere of domestic

relations.

3. Norms of international law: concept, features, order of creation, types.

Norms - these are generally binding rules for the activities and relations of states and other subjects of the MP, designed for repeated use.

International legal norms have their own characteristics:

in the subject of regulation. Regulates interstate relations and others.

In the order of creation. The norm is created not as a result of a command, but as a result of the coordination of interests.

In the form of attachment. Allocate:

1. Norms fixed in the contract

   Ordinary norms

There are no special rule-making bodies in the MP, the norms of the MP are created by the subjects of the MP themselves, mainly by the state.

In the process of creating norms - 2 stages:

1. reaching an agreement on the content of the rule of conduct

2. expression of consent to be bound this rule behavior.

Classification of norms of international law:

By legal force

• imperative

  dispositive

By scope

• Universal norms (not limited by territory or number of participants)

  Local regulations (limited; for example, the CIS charter)

  • Regional

    non-regional

By number of participants

• Multilateral norms

  Bilateral norms

According to the method of regulation

• Binding norms

  Forbidding norms

  Enabling norms

According to the form of fastening

• Documented norms

  Ordinary norms

4. Principles of international law: the concept and acts of fixing and concretizing them.

The principles of international law 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.

The main sources of the principles of international law are the UN Charter, the 1970 Declaration on Principles of International Law and the Helsinki final act Conferences on Security and Cooperation in Europe 1975

There are ten universal principles in the doctrine of international law:

Principle of non-use of force and threat of force

For the first time this principle was enshrined in paragraph 4 of Art. 2 of the UN Charter, it was subsequently specified in documents adopted in the form of UN resolutions, including the 1970 Declaration on the Principles of International Law, the 1974 Definition of Aggression, the 1975 Final Act of the CSCE, the Declaration on Strengthening the Effectiveness of the Principle of Refusal to Threat by Force or its application in international relations 1987. The obligation not to use force extends to all states, not just UN member states.

The principle of settling international disputes by peaceful means

According to paragraph 3 of Art. 2 of the UN Charter. This principle is specified in the 1970 Declaration on Principles of International Law. The Charter of the United Nations leaves the parties to a dispute free to choose such peaceful means as they deem most appropriate for the resolution of the dispute. Many states in the system of peaceful means prefer diplomatic negotiations, through which most disputes are resolved.

The principle of non-intervention in matters within the domestic jurisdiction of States

The modern understanding of this principle in a general form is fixed in paragraph 7 of Art. 2 of the UN Charter and specified in the 1970 Declaration on Principles of International Law. International law does not regulate the issues of the internal political situation of states, therefore, any measures of states or international organizations with the help of which they try to prevent the subject of international law from solving cases that are within its internal competence are considered interference.

The principle of duty of States to cooperate with each other

Under the Charter of the United Nations, states are obligated "to cooperate internationally in resolving international problems of an economic, social, cultural and humanitarian character” and are also obliged to “maintain international peace and security and to this end take effective collective measures”. Specific forms of cooperation and its scope depend on the states themselves, their needs and material resources, and domestic legislation.

The principle of equality and self-determination of peoples

Unconditional respect for the right of every nation to freely choose the ways and forms of its development is one of the fundamental foundations of international relations. In accordance with paragraph 2 of Art. 1 of the UN Charter, one of the most important goals of the UN is “to develop friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples

The principle of the sovereign equality of states

This principle is reflected in paragraph 1 of Art. 2 of the UN Charter, which states: "The Organization is founded on the principle of the sovereign equality of all its Members." Since states are equal participants in international communication, they all have fundamentally the same rights and obligations.

The principle of fulfillment in good faith of obligations under international law

The principle of conscientious fulfillment of obligations is enshrined in the UN Charter, according to paragraph 2 of Art. 2 of the Charter, "all Members of the United Nations shall fulfill in good faith the obligations assumed under this Charter to secure to them all in the aggregate the rights and benefits arising from membership in the Membership of the Organization."

The principle of inviolability of state borders

This principle regulates the relations of states regarding the establishment and protection of the border separating them and the resolution of disputes in connection with the border. The idea of ​​the inviolability of borders first received its legal form in the treaty between the USSR and the FRG of August 12, 1970, and then in the treaties between the PPR, the GDR and Czechoslovakia with the FRG. Since that time, the inviolability of borders has become a norm of international law. And then in the 1970 UN declarations on principles and the 1975 CSCE.

The principle of territorial integrity of states

This principle was established with the adoption of the UN Charter, which prohibited the threat or use of force against the territorial integrity (inviolability) and political independence of any state.

The principle of respect for human rights and fundamental freedoms

Designated in the preamble of the UNPO Charter and in various declarations. They are an internal affair of the state.

Numerous definitions of MP can be divided into two groups:

1. Definitions in which as distinguishing 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 considered branch of law on the subject of regulation. For example: "International law in its legal (normative) aspect, it is, first of all, a set of legal norms that regulate interstate (in a broad sense, international) relations.

Exist various options definitions of this kind: 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 law-forming subjects are meant.

Sometimes, as a distinctive feature of international law, both the method of formation of the norms of international law and the subject of its regulation are indicated. "International law is a system of principles and norms that find application 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 in their content they go beyond the competence and jurisdiction of any individual state, become the object of joint competence and jurisdiction of states or the entire international community as a whole. There are three categories of cases (issues) that characterize the subject of international regulation:

Cases that are inherently interstate and cannotfall within the domestic jurisdiction of any state, cannotbe resolved by unilateral acts of the state, as they affect common interests. it international security, disarmament, global ecological processes, regime high seas, outer space.

Cases, although not related to universal interests, but resolved only by the joint efforts of two or more states on the basis of 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.

Cases, the settlement of which belongs to 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 the provision and protection of human rights and freedoms, the provision of assistance in the event of a nuclear accident or a radiation emergency.

The peculiarity of international law in comparison withdomestic:

Firstly, according to the object of regulation, since international law covers by its regulation public 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 the subjects domestic law are individuals and legal entities, state bodies, then the 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 the first is dominated normative act in the form of a law, then in the second, customs and treaties are preferable.

Fourth, different rulemaking 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".

Fifth, in contrast to local norms of national law, the nature of which depends on the social nature of a given state, international law is basicallygeneral 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 differ significantly from the functioning and application of domestic law.

International law: concept and subject of regulation. International law system

Lecture: International Law- a system of contractual 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 internationally-legal regulation - international legal relations:

Relations between states

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

Relations with the participation of private law entities (individuals and legal entities)

The subject is also some intrastate relations

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

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

4. The way of formation of norms and functioning of international law is the coordination between states.

5. Absence of a central enforcement apparatus

International law system

System-forming elements of international law:

Basic principles of international law (UN Charter, Declaration on 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 the division of international law into branches:

Subject of regulation

Industry principles

Method - harmonization of the will of the state

Principles of international law: the concept, acts that consolidate and specify 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. It is possible to abolish the principle of international law only by abolishing public 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" public practice by violating the principles.

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

There are ten universal principles in the doctrine of international law:

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

· The principle of resolving international disputes by peaceful means;

· The principle of non-intervention in matters within the domestic jurisdiction of states;

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

· The principle of inviolability of state borders;

· The principle of territorial integrity of 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

By lecture: MP sources:

1. International treaty

2. International custom

3. Acts of international organizations, conventions

4. Acts of international courts

Art.38 international statute UN - the UN Court, when considering cases, adheres to international law. This article lists sources, which is guided by the UN court: international conventions, custom, general principles law, judicial decisions and doctrines can be adopted to establish the content of the IL norms.

international treaty

The definition in Article 2 of the VC is an international agreement concluded between states ( it is in the VC, and there are also agreements concluded by international organizations ) writing and regulated MT, 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) Bilateral

2) Multilateral

Universal

Regional

1) closed - a limited number of states participate

2) open - any state participates

3.by name

1) contract

2) agreement

4) convention

7) protocol, etc.

international custom

Custom

The practice goes through two stages:

1. is formed by a universal rule of conduct

2. becomes mandatory

custom structure:

1. interstate practice:

repeatable;

Long.

habits

2. Subjective element opinion uris

1. Official Statement

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 contracts, 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 to members of the organization

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

3. Some acts contain individual prescriptions giving 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 a common practice, accepted as a legal form.

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

The practice goes through two stages:

3. is formed by a universal rule of conduct

4. becomes mandatory

custom structure:

3. interstate practice:

It should be universal (the majority of states should follow the rule), but not absolutely universal;

Steady, consistent, but not monotonous;

repeatable;

Long.

Rules formed in practice are called habits(permanent economic assistance)

4. Subjective element opinion uris- this is the recognition by states of a rule of conduct that has been formed in practice as a legally binding one.

Sources (means) for establishing the content of international custom

9. 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

Contract and custom have the same legal force.

MULTILATERAL AGREEMENTS.

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

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

If it follows from the treaty that the 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 AGREEMENTS.

A bilateral treaty is considered to be in force between the new independent state and another State Party if:

They clearly agreed on this.

ASSOCIATION OF STATES

In the event of the amalgamation of two or more States into one State, any treaty in force in relation to any of them shall continue to be in force in relation to that State. Exception: if it clearly follows from the 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 will mean Russia's continuation of the implementation of the rights and obligations of the former USSR provided for in the treaties.

Its main expression is:

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

2. responsibility of the Russian Federation as a nuclear power. (Kazakhstan, Ukraine, Belarus - received at that time the status not nuclear powers and were forced to join the Treaty on the Non-Proliferation of Nuclear Weapons).

3. The fulfillment by the Russian Federation of the obligations of the USSR under the treaties with the United States on the reduction of nuclear

danger.

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

Belgium, Spain, Czech Republic.

This type relations 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, activities of states and other entities, this is the practical implementation of normative prescriptions. AT official documents UN, in various publications the term "implementation" (English "implementation" - implementation, implementation) has become widespread.

The following forms of implementation can be distinguished.

Compliance. In this form, norms-prohibitions are implemented. Subjects refrain from committing acts that are prohibited by international law. For example, subject to the 1968 Nuclear Non-Proliferation Treaty, 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 the subjects in the implementation of the norms. Execution is characteristic of norms that provide for specific duties associated with certain actions. In this form, for example, the norms of the Covenants on Human Rights of 1966 are formulated. Article 21 of the International Covenant on Civil and Political Rights, in particular, reads: "Each state participating in the present Covenant undertakes to respect and provide for all those within its territory and under jurisdiction to persons of 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 the subjects themselves. In this form, the so-called empowering norms are implemented. Unlike the first two cases, there is no strict prescription for specific behavior (action or refraining from it). So, in Art. 90 of the United Nations Convention on the Law of the Sea states: "Every state, whether it is coastal or landlocked, has the right to have ships flying its flag sail on the high seas."

Implementation is the process when the relevant subjects to whom the 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 (corresponding to the requirements of the norms) to achieve social 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 missiles medium range and shorter range 1987). As a result of such activities, subjects achieve

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

2) legal and organizational support for actual activities. It is the activity 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 (non-compliance of activities with the norms or refusal to do so) or the 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 shall conclude, as necessary, separate agreements and arrangements for the purpose of giving effect to the provisions of this Treaty").

Agreement

There has long been a principle in law that consent precludes the wrongfulness of the act (volenti non fit injuria). This general principle of law is naturally also inherent in international law.

self defense

Self-defence, as a circumstance excluding the wrongfulness of an act, is a general principle of law inherent in international law as well. His correct understanding is as follows - force is allowed to 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, the breach of an obligation by one entity justifies the taking by the injured entity of countermeasures that 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 bring the wrongful act to an end and obtain redress.

Countermeasures usually include retortions and reprisals.

Force Majeure

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

This has prompted various branches of domestic law to establish rules defining the rights and obligations of subjects of law in the event of such events. Quod alias non fuit licitum n?cessitas licitum facit - Necessity makes legal what would otherwise be illegal. This general principle of law is also valid for international law. In international law, force majeure is understood as 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 that cannot be controlled. Disaster

Analysis international practice indicates that disasters are mainly associated with aircraft and ships that enter the territory of a foreign state due to poor weather conditions, technical failure, etc. Distress as a circumstance justifying conduct that would otherwise be unlawful is provided for by a number of conventions.

The state of necessity

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: the right 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 need, 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.

Contracts can be classified according to the circle of participants:

bilateral

Multilateral:

Universal (general, in which all subjects of MP participate or can participate);

Contracts with a limited number of participants.

Contracts can also be:

Closed (these, as a rule, 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 their powers).

From normative content:

Law-forming (repeated use);

Contracts - transactions (designed for one-time use)

According to the object of regulation:

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

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

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

Military: limitation of armaments and armed forces, deployment of troops abroad, supply of military equipment, etc.

In form: written and oral, "gentleman's agreements"

By validity period:

perpetual, definite-urgent and indefinite-urgent.

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

Preparation and adoption of the text of the treaty. Powers.

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

conclusion of 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 in 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 as representing this organization.

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

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

Sometimes diplomatic channels, negotiations at the level of delegations, meetings of foreign ministers, and high-level meetings are sometimes used to prepare a treaty on a complex issue.

Acceptance of the text of the treaty. To confirm that the text of the contract is finally agreed (i.e., not subject to change) and original documents, it is necessary to properly formalize its acceptance (authentication - authentic, valid, true). It may be preliminary or final.

Preliminary adoption of the text of the treaty is carried out by voting, initialing, signing.

By voting, as a rule, the text of the treaty prepared at an international conference or in an international organization is adopted. 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 in the organization).

initialing- this is the fastening of the initials of authorized persons on each page of the contract as a sign of agreement with the text. This form of preliminary adoption 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 the FRG on good neighborliness, partnership and cooperation, some agreements of the CIS countries, etc.) were initialed. The initialed treaty is subject to final acceptance.

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

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

Foundations.

National legislation may determine the list of those treaties that are subject to ratification. Federal Law "On International Treaties of the Russian Federation" includes in this list the following types of treaties 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 statutory; b) the subject matter of which is 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 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 foundations of interstate relations, on the 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 treaties on collective security; 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

legally binding decisions of their bodies for the Russian Federation.

Similarly, international treaties are 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 extraction, production and use of precious metals and precious stones are subject to ratification (Part 3, Article 24 of the Federal Law "On Precious Metals and precious stones" dated March 26, 1998) and international treaties of the Russian Federation relating to displaced cultural property, as well as any other international treaties of the Russian Federation relating to its cultural heritage (Article 23 of the Federal Law "On cultural property transferred to the USSR as a result of World War II 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 in the Federation Council of the Federal Assembly. The federal law adopted by him on ratification is sent to the President for signing and publication. One example: the Federal Law "On Ratification of the Agreement between the Government of the Russian Federation and the Government of the French Republic on Cooperation in the Field of Exploration and Use of Outer Space in peaceful purposes"accepted 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 " Russian newspaper October 8, 1997

UN Charter. Story.

The main provisions of the Charter were developed at a conference of representatives of the USSR, the 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, issues legal status organs. 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, the USA, Great Britain and China acting as inviting powers.

The solemn ceremony of signing 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 acted as the depositary. It was envisaged that the Charter would enter into force after the deposit of instruments of ratification by the USSR, the USA, Great Britain, China and France, that is, those states that received permanent membership in the UN, and the majority of the states that signed the Charter.

UN Charter. Content, change, revision.

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, principles of the UN, regulates the issues of membership, the structure of the UN, the competence and procedure for the functioning of the main organs of the UN. There are chapters in the Charter on regional agreements, international economic and regional cooperation, non-self-governing territories and the trusteeship system.
Amendments that is, changes in certain provisions of the Charter, which are of a private nature, are adopted by the UN General Assembly with 2/3 votes of the members and come into force after ratification by 2/3 of the members.
revision. It is required to convene a General Conference of the members of the Organization, which is allowed with the consent of 2/3 of the members General Assembly UN. The decision is taken by the General Conference 2/3, the amendments come into effect when they are ratified by 2/3 of the members of the Organization.

Purposes and principles of the United Nations.

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. Develop friendly relations among nations and jointly take measures to strengthen world peace.

3. To carry out international cooperation in resolving international problems of an economic, social, cultural and humanitarian nature.

4. To be the center for coordinating the actions of the nation in the pursuit of these common goals.
Principles:
1. Sovereign equality of all Members of the Organization

2. Conscientious performance obligations assumed.

3. Settlement of international disputes by peaceful means in such a way as not to endanger international peace and security.

4. Refraining from the threat of force.

5. Rendering to the UN by its members all possible assistance 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-intervention of the United Nations in matters within the domestic jurisdiction of any state.
UN membership. Members of the UN are sovereign states. According to the procedure for registration of membership, the initial and newly admitted members are distinguished.

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

Membership in the United Nations 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. State applies Secretary General UN.

2. Admission is made by a decision of the General Assembly on the recommendation of the Security Council. Initially, the application is considered by the committee established under the Security Council for the admission of new members, which makes a report with conclusions. The recommendation of the Security Council is considered valid if at least 9 members of the Council, including all permanent members, voted for it. At the session of the General Assembly, the decision on admission is made by a 2/3 majority of the members of the Assembly present and voting.

UN General Assembly.

The UN General Assembly is made up of all members of the UN. Each State shall have a delegation of not more than five representatives and five alternate representatives during its sessions; the delegation shall have 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 the maintenance of international peace and security, including in the field of disarmament, and make appropriate recommendations;

· to discuss any questions relating to the maintenance of international peace and security and make recommendations on such matters, except when any dispute or situation is under the consideration of the Security Council;

· discuss any matter within the Charter or relating to the functions of any organ of the United Nations and, with the same exceptions, make recommendations on these matters;

· to organize studies and make recommendations in order 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 field of culture, education and health;

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

· review and approve the budget of the United Nations and fix the 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.

Subsidiary bodies of the General Assembly are divided into the following categories: committees, commissions, boards, councils, groups, working groups, and so on.