37 international security law concept of types of goals. Sources of international security law. Collective security as an institution of international security law

International security law is a system of principles and norms governing military-political relations of subjects international law in order to prevent the use military force v international relations, arms limitation and reduction.

Like any branch of modern international law, international security law regulates a certain range of international legal relations, among which stand out:

a) relations connected with the prevention of war and the escalation of international tension;
b) relations associated with the creation of international security systems;
c) relations on disarmament and arms limitation.

The principles of this branch of international law are all the basic principles of international law, but the branch of international security law has its own specific principles:

The principle of equality and equal security, which boils down to the need to recognize that international security is guaranteed by a system of equality of national security measures. Any state will consider itself confident in political relations if it knows that national security measures are sufficient to protect the interests of the state. The principle of non-prejudice to the security of the state, which boils down to the fact that deliberate action against the security of a state can in itself threaten international peace and security.

International Security Law- a set of legal methods consistent with the basic principles of international law, aimed at ensuring peace and collective measures applied by states against acts of aggression and situations that threaten the peace and security of peoples.

The legal basis of modern international security law is primarily formed by such basic principles as the principle of the non-use of force, the principle of peaceful settlement of disputes, and the principle of disarmament.

Special principles of international security law are also normative. Among them, one should especially highlight the principles of equality and equal security, non-damage to the security of states, etc. Equal security is understood in the legal sense: all states have an equal right to ensure their security. At the same time, there may not be actual equality, parity in armaments and armed forces. International law knows a vast arsenal of specific means of ensuring international security. These include:

· Collective security (general and regional);
• disarmament;
· Peaceful means of resolving disputes;
· Measures to ease international tension and end the arms race;
Measures to prevent nuclear war;
· Non-alignment and neutrality;
· Measures to suppress acts of aggression, violation of the peace and threats to peace;
· Self-defense;
· actions international organizations;
· Neutralization and demilitarization of certain territories, liquidation of foreign military bases;
· Creation of zones of peace in different regions of the world;
· Measures to build confidence between states.

Among the aforementioned means of ensuring international security, the most important place is given to the first three.

The international security system is a set of means that ensure the maintenance of international security, two points are distinguished in it:

First: collective action - broad the international cooperation;
Second: preventive diplomacy aimed at preventing threats to peace and on peaceful settlement international disputes.

The main goal of international security is formulated in the UN Charter - "to maintain peace and international security" by "taking effective collective measures to prevent and eliminate threats to peace and suppress acts of aggression or other violations of the world."

The interests of international security require that even the possibility of an armed conflict be ruled out. Today, when resolving an armed conflict, it is extremely important to use exclusively political means, which are allowed by international law. The role of international law in this case is not only to maintain international peace and security, but also to prevent the emergence of hotbeds of tension, both new and already settled. The dominant role in these situations belongs to the law of international security.

International security is comprehensive. It is worth noting that it contains economic, political, military, humanitarian, environmental, informational and other aspects, which are closely related to each other. There has always been a military-political security of states, to ???? recent times supplemented by economic, food, environmental, information and other security. Recently, the entire civilized community has faced problems (environmental, raw materials, demographic, food, etc.), which demanded great attention and require joint efforts of all states of the planet to resolve it. Everything??? with great confidence allows us to talk about the emergence and formation of a comprehensive system of international security.

International security is essentially indivisible. That is, you cannot build the security of one state at the expense of the security of another state. The military doctrines of all states of the world must be strictly defensive. Apart from that, international security cannot be built on the basis of the existence and unilateral actions of NATO, bypassing the UN Security Council, without taking into account the views of the OSCE and such powers as Russia, China and India.

The norms of international security law are found in many international treaties, primarily in the UN Charter, charters regional organizations collective security, disarmament treaties, limitation of armed forces, agreements on confidence-building measures, etc. The core of the International Security Law branch is formed by the basic principles of international law, for example, the non-use of force and the threat of force, non-interference in internal affairs, the conscientious fulfillment of international obligations and At the same time, at the same time, the law of international security contains both ??? and sectoral principles: the principle of equal and equal security for all parties, the principle of taking into account the balances of interests, the principle of sufficiency, etc.

Collective security means a system of joint measures by states of the whole world or a certain geographic area, undertaken to prevent and eliminate threats to peace and suppress acts of aggression. Collective security is based on the UN Charter.

Collective security system has two main features:

1.acceptance by the states-participants of the system of at least three obligations, as it were, directed "inside" the system:
- • do not resort to force in their relationships;
- · Resolve all disputes amicably;
- · Actively cooperate in order to eliminate any danger to the world.
2. the presence of the organizational unity of the states participating in the system. This is either an organization that acts as a "classical" form of collective security (for example, the UN), or another expression of unity: the establishment of consultative or coordinating bodies (for example, the Non-Aligned Movement), ensuring systematic meetings, conferences (for example, the OSCE).

The collective security system is formalized by an agreement or a system of agreements.

International Security Law- a system of principles and norms governing military-political relations of subjects of international law in order to prevent the use of military force in international relations; arms limitation and reduction.

Like any branch of international law, international security law is based on the general principles of modern international law, among which are of particular importance: the principle of non-use of force or threat of force, the principle of peaceful settlement of disputes, principles territorial integrity and inviolability of borders, as well as a number of sectoral principles, such as: the principle of equality and equal security, the principle of no harm, the security of states. Together, they constitute the legal basis of international security law (Figure 24).

As a relatively new branch of modern international law, international security law has one important feature, which consists in the fact that its principles and norms in the process of regulating international relations are closely intertwined with the principles and norms of all other branches of international law, thus forming a secondary legal structure that essentially serves the entire system of modern international law. This feature gives grounds to say that the law of international security is a complex branch of modern international law.

Sources of international security law are universal treaties (UN Charter, agreements in the field of disarmament), regional treaties (statutes of regional security organizations, agreements in the field of disarmament, etc.) and bilateral agreements (on peace and friendship, on disarmament, etc.) .). The main source governing international legal methods and means of ensuring peace is the UN Charter (chap. I, VI, VII).

Maintaining international peace and security and taking effective collective measures for this are the main goals of the United Nations (Article 1). Resolutions of the General Assembly adopted within the framework of the UN, containing fundamentally new normative provisions and focused on concretizing the prescriptions of the Charter, can also be classified as sources of international security law. For example, “On the Non-Use of Force in International Relations and the Perpetual Prohibition of the Use of nuclear weapons”(1972) or“ Definition of aggression ”(1974).

I. Treaties restraining the race nuclear weapons spatially. These include: the Antarctic Treaty (1959), the Treaty on the Non-Proliferation of Nuclear Weapons (1968), the Treaty on the Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies (1967), etc.

Figure 24. International Security Law

II. Treaties limiting the build-up of arms in quantitative and qualitative terms. These are the Treaty Banning Nuclear Weapon Tests in the Atmosphere, in Outer Space and Under Water (1963), the Comprehensive Nuclear Weapon Test Ban Treaty (1996), the Convention on the Prohibition of Military or Any Other Hostile Use of Means of Influencing natural environment(1977), Agreement between The Russian Federation and the United States of America on Further Reduction and Limitation of Strategic Offensive Arms (1993).

III. Treaties prohibiting the production of certain types of weapons and prescribing their destruction. These are the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on Their Destruction (1972), the Convention on the Prohibition of the Development, Production and Use of Chemical Weapons and Their Destruction (1993), the Treaty between the USSR and the United States on the elimination of their missiles medium range and shorter range (1987).

IV. Treaties designed to prevent the accidental (unauthorized) outbreak of war. These are the Agreement on direct communication lines between the USSR and the USA (1963, 1971) (similar agreements were concluded by the USSR with Great Britain in 1967, France in 1966, Germany in 1986), the Agreement on measures to reduce the danger the outbreak of a nuclear war between the USSR and the USA (1971), Exchange of letters between the USSR and France on the prevention of accidental or unauthorized use of nuclear weapons (1976), etc.

Among the sources of international security law, documents adopted in the framework of the Conference on Security and Cooperation in Europe (CSCE), up to the Code of Conduct on Politico-Military Aspects of Security adopted at the Budapest Summit of the CSCE participating States 5-6 deserve special attention. December 1994 and the Charter for European Security, a kind of “Constitution” for the OSCE, adopted in 1999 in Istanbul.

Introduction

Principles of International Security Law

The role of international law in preventing war

Collective security

Disarmament and arms limitation

Measures to build confidence, reduce the material base and the spatial scope of military conflicts

Conclusion

List of used literature

Introduction

The issue of war and peace is a fundamental issue in modern international relations. The problem of ensuring international security in its broad sense is the problem of ensuring peace and preventing war. Contemporary international law, being the law of peace, is called upon to serve this purpose. The desire of states to ensure stable peace on earth depends primarily on foreign policy and from the unconditional implementation of the principles and norms of modern international law. The objective necessity of cooperation between states in matters of ensuring peace has led to the formation and functioning of a new branch of general international law - the law of international security. Please note changes in the object legal regulation in last years... Today, along with the lingering danger of conflicts between states, the security threat posed by intrastate conflicts generated by interethnic, interethnic, interreligious contradictions and clashes is becoming increasingly serious.

In our time, the topic of security is very relevant and it is clear why. In the modern era of constant military conflicts, a mechanism for their settlement, and especially prevention, is simply needed. UN Secretary General Boutros Boutros-Ghali noted that there can be no development without peace and a conflict will be brewing in society. And without democracy it is impossible to achieve any substantial development; in the absence of development, peace cannot be maintained for a long period of time. The work of the Master's Degree student will focus on the law of international security. I will give its concept, tell about the sources, the role of international security law, show how it developed and how international security is now maintained.

I.The concept of international security law, sources

International security law is a system of principles and norms governing military-political relations between states and other subjects of international law in order to prevent the use of military force in international relations, and to limit and reduce arms.

The main, fundamental realities in the field of international security and interstate relations have already been quite clearly defined, which, in particular, include the following:

Ideological and class struggle cannot underlie peaceful interstate relations.
A nuclear war cannot be a means of achieving political, economic, ideological or any other goals. Therefore, there are treaties banning nuclear weapons and weapons mass destruction.
International security is comprehensive. That is, it touches upon many issues and spheres of public life.
International security is indivisible. You cannot build the security of one state at the expense of the security of another. An arms race must not be allowed.
The UN peacekeeping role in the fight for security has grown immeasurably

The above-mentioned realities of the modern world and other factors testify, on the one hand, to the versatility and comprehensive nature of international security, and on the other, to the inextricable link between the security of each individual state and the security of the entire international community as a whole, as well as the link between security and development. International security law is a system of principles and norms governing military-political relations between states and other subjects of international law in order to prevent the use of military force. in international relations, arms limitation and reduction.

Like any branch of international law, international security law is based on the general principles of modern international law, among which the principle of the non-use of force or the threat of force, the principle of peaceful settlement of disputes, the principles of territorial integrity and inviolability of borders, as well as a number of sectoral principles, such as the principle of equality and equal security, the principle of not harming the security of states. Together, they constitute the legal basis of international security law. (International Security and Disarmament. SIPRI Yearbook 1994, Moscow, 1994, p. 15)

As a new branch of modern international law, international security law has one important feature, which is that its principles and norms in the process of regulating international relations are closely intertwined with the principles and norms of all other branches of international law, thus forming a secondary legal structure serving , in fact, the entire system of modern international law. This feature gives grounds to say that the law of international security is a complex branch of modern international law.

The main source governing international legal methods and means of ensuring peace is the UN Charter (chap. I, VI, VII). Maintaining international peace and security and taking effective collective measures for this are the main goals of the United Nations (Article 1).

Resolutions of the General Assembly adopted within the framework of the UN, containing fundamentally new normative provisions and focused on concretizing the prescriptions of the Charter, can also be classified as sources of international security law. For example, "On the Non-Use of Force in International Relations and the Permanent Prohibition of the Use of Nuclear Weapons" (1972) or "Definition of Aggression" (1974). (International security and disarmament. SIPRI Yearbook 1994, M., 1994, p. 28).

Like any branch of international law, it is based on general principles of international law, especially on the principle of the non-use of force or the threat of force, the principle of peaceful settlement of disputes, the principle of territorial integrity and inviolability of borders, as well as a number of sectoral principles, such as the principle of equality and equal security, the principle not causing damage, etc.

The law of international security has one feature - this is that its principles in the regulation of international relations are closely intertwined with the principles and norms of all other branches of international law and thus form a secondary structure that essentially serves the entire system of modern international law. This opportunity gives grounds to say that the law of international security is a complex branch of modern international law.

The main source governing international legal methods and means of ensuring peace is the UN Charter (Chapter I, Chapter VI, Chapter VII). Support international peace and security and to this end to take effective collective measures ... are the main goals of the United Nations (Article 1)

Resolutions of the General Assembly adopted within the framework of the UN, containing fundamentally new normative provisions and focused on concretizing the prescriptions of the Charter, can also be classified as sources of international security law. For example, On the Non-Use of Force in International Relations and the Perpetual Prohibition of the Use of Nuclear Weapons (1972) or Definition of aggression (1974) Interrelated multilateral and bilateral treaties occupy an important place in the complex of sources of international security law. They can be divided into 4 groups:

I. Treaties restraining the nuclear arms race in spatial terms. These include the Antarctic Treaty (1959), the Treaty on the Non-Proliferation of Nuclear Weapons (1968), the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies (1967), placement at the bottom of the seas and oceans and in its depths of nuclear weapons and other types of weapons of mass destruction (1971), the Treaty on the Prohibition of Nuclear Weapons in Latin America(Treaty of Tlatelolco, 1967), Treaty on a nuclear-free zone in the South Pacific (Treaty of Rarotonga, 1985), etc. Treaties limiting the build-up of arms in quantitative and qualitative terms. These are the Treaty Banning Nuclear Weapon Tests in the Atmosphere, in Outer Space and Under Water (1963), the Comprehensive Nuclear Weapon Test Ban Treaty (1996), the Convention on the Prohibition of Military or Any Other Hostile Use of Means of Influencing the Environment (1977), Treaty between the Russian Federation and the United States of America on the Further Reduction and Limitation of Strategic Offensive Arms (1993) .. Treaties prohibiting the production of certain types of weapons and prescribing their destruction. These are the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on Their Destruction (1972), the Convention on the Prohibition of the Development, Production and Use of Chemical Weapons and Their Destruction (1993), the Treaty between the USSR and the United States on the elimination of their intermediate-range and shorter-range missiles (1987). IV. Treaties designed to prevent the accidental (unauthorized) outbreak of war. These are the Agreement on direct communication lines between the USSR and the USA (1963, 1971) (similar agreements were concluded by the USSR with Great Britain in 1967, France in 1966, Germany in 1986), the Agreement on measures to reduce the danger the outbreak of a nuclear war between the USSR and the USA (1971), Exchange of letters between the USSR and France on the prevention of accidental or unauthorized use of nuclear weapons (1976), Agreement between the Government of the Union of Soviet Socialist Republics and the Government of the United Kingdom of Great Britain and Northern Ireland on the Prevention of the Accidental Outbreak of Nuclear War (1977), USSR-USA Launch Notification Agreement intercontinental missiles submarines (1988) and some others.

Among the sources of international security law, documents adopted within the framework of the Conference on Security and Cooperation in Europe (CSCE), up to the Code of Conduct on Politico-Military Aspects of Security adopted at the Budapest Summit of the CSCE participating States 5-6 deserve special attention. December 1994 (International Security and Disarmament. SIPRI Yearbook 1994, Moscow, 1994, pp. 54-59)

Principles of international security law

international security law military

International security is a world order in which favorable international terms for the free development of states and other subjects of international law.

In the context of international security, each state has best conditions to pursue a policy aimed at improving the material standard of living of people, free development of the individual, ensuring in full the rights and freedoms of man and citizen.

International security is understood in a broad and narrow sense the words.

International security in a broad sense includes a complex of political, economic, humanitarian, informational, environmental and other aspects of security.

International security in the narrow sense includes only its military and political aspects.

International security law is a branch of international law, which is a system of principles and norms that regulate military-political relations between states in order to ensure peace and international security. Industry regulations aim to ensure both international and national security.

The sources of international security law are an international treaty, international custom, binding decisions of international organizations, primarily the United Nations Security Council.

The basis of international security law is the generally recognized principles of modern international law, including: non-use of force or threat by force, territorial integrity of states, inviolability of state borders, non-interference in the internal affairs of states, peaceful resolution of disputes, cooperation between states.

In addition to the generally recognized principles of international law, international security law has its own sectoral principles.

Experts in the field of international law refer to the sectoral principles of international security law as follows.

The principle of the indivisibility of international security means that in the XXI century. the world, as never before, is indivisible. Planet Earth is a small part of the Universe. The states of our planet are closely interconnected. With modern means of communication and transport, you can reach any corner of the planet in a matter of minutes or hours. Life shows that any crisis in one part of the world, be it natural disasters, armed conflicts or acts of international terrorism, immediately negatively affects other parts of it. States set themselves the task of improving the universal system of international security, the foundations of which are laid by the provisions of the Charter of the United Nations.

The principle of not prejudice to the security of other states presupposes the conduct of such a foreign policy by the state, which takes into account the security of not only its own state, but also the entire world community to the maximum extent. Undoubtedly, ensuring the national security of the state is one of the priorities of the activities of its supreme bodies, because we are talking about the security of society, ensuring and protecting human and civil rights. At the same time, each state in the development and implementation of its foreign policy, the implementation of military-political and military-technical ties with other states should take into account as much as possible all aspects of ensuring the security of both its allies and the international community as a whole.

For a long time, the principle of equal and equal security has been substantiated in international security law, which in its essence develops and concretizes the previous principle - not harming the security of other states. It means that the state must ensure its security, commensurate with the possibilities of ensuring the security of other states. This is a kind of security parity.

However, real practice shows that this principle is applicable only in relations between militarily powerful states, for example, permanent members of the UN Security Council. As for states that cannot be classified as large and powerful, this principle was often not applied to them. The events of the last two decades, when the United States used force against Grenada (1983), Nicaragua (1984), Yugoslavia (1999), Iraq (2003), clearly show that not everyone is guided by the principle of equal and the same security.

This principle was formed in an era when international scene competed with each other two main economic and political systems- socialist and capitalist. They were personified by the USSR and the USA, which, by the power of their weapons, by the beginning of the 70s of the XX century. by many orders of magnitude superior to other states. It was then that these two, as they were called, military superpowers reached strategic parity. None of them could allow the other side to get ahead militarily. And this was a boon for the whole world, since the threat of a nuclear cataclysm did not allow the USSR and the USA to resort to weapons to clarify disputes between them. This strategic parity enabled the two powers to embark on a long-term process of limiting and reducing nuclear weapons and their means of delivery.

After the collapse of the USSR in 1991, the United States became the world leader, since not only did not lose its former power, but also significantly increased it. Naturally, the United States developed a desire to take advantage of its enormous economic, financial and military might for the arrangement of the world in the American way. And immediately the existence of the principle of equal and equal security was threatened. This principle was especially severely attacked at the turn of the 20th and 21st centuries, when the United States not only undertook military actions against a number of states, but also withdrew from such an international agreement, basic for strategic stability, as the 1972 Anti-Ballistic Missile Treaty.

2. The role of international law in preventing war

In our time, international law solves the problem of threats to peace and develops an arsenal of specific means for this. This is a set of legal and other methods aimed at maintaining peace and preventing armed conflicts and used by states individually or collectively.

These means include peaceful means of resolving disputes, disarmament, measures to prevent nuclear war and surprise attack, collective security, non-alignment and neutrality, measures to suppress acts of aggression, self-defense, neutralization and demilitarization of certain territories, elimination of foreign military bases, etc. All these funds are international legal, since they are regulated by treaties and are implemented on the basis of the principles and norms of modern international law.

Among such agreements is the one signed on June 22, 1973. Agreement between the USSR and the USA on the prevention of nuclear war.

The policy objectives of both countries under this Agreement are - elimination of the danger of nuclear war and the use of nuclear weapons ..., prevention of situations that could cause a dangerous aggravation of their relations, avoidance of military confrontation ... .

Speaking about the means of ensuring international security, it must be said that the most important thing is the creation of a collective security system on a universal and regional basis, and measures to achieve general disarmament. It is these means that ensure equal and universal security to a greater extent.

Collective security

Collective security is a system of joint actions by states of the whole world or a certain geographic region, undertaken to prevent and eliminate threats to peace and suppress acts of aggression or other violations of the peace.

There is nothing strange about the general interest of all states in collective action to ensure security. After all, any conflict within the country can spill over to the territory of another state, a local conflict - develop into world war... Therefore, there are certain systems for maintaining collective security. Currently, there are two of them.

The universal system of collective security was based on the norms of the UN Charter and provides for the actions of states in accordance with the decisions of this organization. The beginning of this system can be considered the union of states of the anti-Hitler coalition and the adoption of the United Nations Declaration of January 1, 1942. THOSE. States, completely different in their views, have united on the basis of a common problem.

In the post-war period, a global system of collective security was created in the form of the UN. Its main task is save succeeding generations from disasters and war ... The system of collective measures provided for by the UN Charter covers: measures to prohibit the threat or use of force (paragraph 4 of article 2), measures for the peaceful settlement of international disputes (chapter VI), measures of disarmament (articles 11, 26, 47), measures for the use of regional security organizations (Chapter VIII). temporary measures to suppress violations of the peace (Article 40), coercive security measures without the use of armed forces (Article 41), and with their use (Article 42). The function of maintaining international peace and security is entrusted to the General Assembly and the UN Security Council, their competencies are clearly delineated.

The UN also conducts peacekeeping operations. Their task:

Investigation of incidents and negotiations with conflicting parties with the aim of reconciliation
Verification of compliance with the ceasefire agreement
Contributing to the maintenance of law and order
Providing humanitarian aid
Monitoring the situation

In all cases, operations must strictly adhere to the principles:

Adoption of a decision by the Security Council to conduct an operation, defining its mandate and exercising general leadership with the consent of the parties to the conflict to conduct the operation
Voluntary provision of military contingents by Member States acceptable to the parties
Funding by the international community
Command of the Secretary General with the granting of powers arising from the mandate given by the Security Council
Impartiality of forces and minimizing the use of military force (for self-defense only)

Regional collective security systems - represented by organizations on separate continents and regions. UN authorizes the activities of such organizations provided that ... their activities are consistent with the purposes and principles of the UN ... For such activities to be meaningful, the participation of all states in the region, regardless of their system, is needed. The goals of the regional system are the same, there are only some restrictions - the activities of the organization should affect the interests of only regional states, and resolve issues on the territory of its region.

Their competence includes the settlement of disputes among themselves. (Clause 2 of Article 52 of the UN Charter). You can name some documents from this area: 1949 - North Atlantic Treaty (NATO), Warsaw Pact - 1955; CSCE - Final Act (1975)

If we talk about some continents separately, then regional organizations should be noted:

on the European continent - NATO since 1949, OSCE - since 1955. From 1955 to 1991. - Organization of the Warsaw Pact
on the Eurasian continent - CIS - since 1992 (CIS Charter 1993, Collective Security Treaty 1992, etc.)

I consider it necessary to dwell separately on Collective security within the CIS.

The participating States, in accordance with their obligations, must maintain international peace and security. In the event of a threat to peace, joint consultations are held to eliminate it.

The collective security of the CIS is built on the basis of the norms of the UN Charter and the Collective Security Treaty of May 15, 1992. This treaty is purely defensive in nature, open to states interested in and supporting it.

The Council of the Heads of State of the CIS is obliged in accordance with the Agreement of March 20, 1992. immediately inform the CSCE and the OSCE of the decision to carry out peacekeeping activities.

Disarmament and arms limitation

The arms control and disarmament process is an effective tool for ensuring security and stability. In the conditions when the process of arms control has acquired a global character, the task of effectively preventing the proliferation of weapons of mass destruction has become a priority. However, this is a long and gradual process.

I would like to consider the existing international treaties and agreements on disarmament. Prohibition treaties nuclear tests... August 5, 1963 representatives of the USSR, USA and Great Britain signed an agreement banning nuclear weapons tests in the atmosphere, in outer space and under water. This treaty was universal in nature. Another agreement was signed in June 1996. - The Comprehensive Nuclear Test Ban Treaty. Article 1 defines basic obligations ... I will briefly list them:

Prohibition of any explosions
Non-participation in explosions

To achieve the goal and object of the Treaty, a Treaty Organization is established (Art. II). Members are all participants. Location - Vienna

Organs of the Organization: Conference of the States Parties, Executive Council, Technical Secretariat

The Director General is appointed by the Conference on the recommendation of the Executive Board for a term of 4 years.

All personnel of the Organization enjoy privileges and immunities

The treaty provides for international monitoring and on-site inspections, as well as confidence-building measures.

Treaties on the demilitarization of certain territorial spaces. (Prohibition of weapons in certain territories). These include: the Antarctic Treaty of 1956, the Outer Space Treaty of 1967, and others. strategic weapons... The most important here are the Soviet-American bilateral treaties: the Treaty on the Limitation of Systems missile defense dated May 26, 1972 and an additional protocol to it of July 3, 1974, SALT-1, SALT-2, Treaty on the Elimination of Intermediate-Range and Shorter-Range Missiles of December 8, 1987, Treaty between the Russian Federation and the United States on the Further Reduction and Limitation of Strategic Offensive Arms of January 3, 1993 ... and etc.

Convention on the Prohibition of Bacteriological and Toxin Weapons. Geneva Protocol 1925 - This is a ban on the use of asphyxiant, poisonous or other similar gases and bacteriological agents in war. April 10, 1972 the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological and Toxin Weapons and on Their Destruction was opened for signature. The convention is universal and has no expiration date.

Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction - opened for signature in January 1993. Each participant undertakes to never, under any circumstances, develop, manufacture, acquire, stockpile or store chemical weapons or transfer them directly or indirectly to anyone else. All states are obliged to destroy the weapons they already have. The Russian Federation was among the first to sign this Convention, and the Federal Law of November 5, 1997. ratified it.

3. Measures to build confidence, reduce the material base and the spatial sphere of military conflicts

Confidence-building measures as an institution of international security law are a set of rules governing military activities states through the establishment of informational and control measures in order to achieve mutual understanding, prevent a surprise attack or unauthorized conflict, as well as ensure the disarmament process.

As a legal institution, this institution began to take shape in the 60-70s. the adoption of a number of agreements, the norms of which are aimed at eliminating mistrust and preventing the occurrence of accidental critical situations.

Particular attention should be paid to bilateral treaties and agreements in which confidence-building measures occupy the main place (Agreement between the USSR and the United States on notifications of launches of intercontinental ballistic missiles submarines 1988 and etc.)

Confidence-building measures are being developed and improved at the regional level as well.

In the Final Act of the CSCE 1975. a Document on Confidence-Building Measures and Certain Aspects of Security and Disarmament was included.

To maintain security, the participants need to constantly contact each other (visits to air bases, exchanges and contacts of scientists, military).

The Institute for Confidence Building Measures is inextricably linked with the Institute of International Control. (i.e. creating common control bodies). Inspection provided for by an international agreement is widely used as a method of control.

Along with this, non-alignment plays a certain role. This, on the one hand, is the foreign policy of a state that does not participate in any military blocs, and on the other, it is a set of norms that determine the specific obligations of states in the field of: pursuing an independent political course, maintaining the anti-colonial struggle, and all kinds of assistance to international peace.

Conclusion

This was always clear and therefore systems and means of maintaining security began to be developed a long time ago. And they changed all the time. But the realities of modern life did not lead to the abandonment of those norms, procedures and institutions that underlay international relations. A lot is changing. Therefore, security systems must be adapted to the evolving situation.

The undergraduate believes that only cooperation of all states and strict observance of the Law can ensure security in general and international security in particular.

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.International public law ed. Bekyasheva K.A. M., 1999

International Security Law is a system of principles and norms governing military-political relations between states and other subjects of international law in order to prevent the use of military force, to combat international terrorism, arms limitation and reduction, confidence building and international control.

Like any branch of international law, international security law is based on the general principles of modern international law, among which the principle of the non-use of force or the threat of force, the principle of peaceful settlement of disputes, the principles of territorial integrity and inviolability of borders, as well as a number of sectoral principles, such as the principle equality and equal security, the principle of no harm, the security of states. Together, they constitute the legal basis of international security law.

As a relatively new branch of modern international law, international security law has one important feature, which is that its principles and norms in the process of regulating international relations are closely intertwined with the principles and norms of all other branches of international law, thus forming a secondary legal structure. serving, in essence, the entire system of modern international law. This feature gives grounds to say that the law of international security is a complex branch of modern international law.

The main source regulating international legal methods and means of ensuring peace is the UN Charter (chapters I, VI, VII). Maintaining international peace and security and taking effective collective measures for this are the main goals of the UN (Article 1 of the Charter).

Resolutions of the General Assembly adopted within the framework of the UN, containing fundamentally new normative provisions and focused on concretizing the prescriptions of the Charter, can also be classified as political and legal sources of international security law, for example, "On the Non-Use of Force in International Relations and the Perpetual Prohibition of the Use of Nuclear Weapons" 1972 g., "Definition of aggression" 1974 or "On the creation of a comprehensive system of international peace and security" 1986 and "Comprehensive approach to strengthening international peace and security in accordance with the UN Charter" 1988, etc.

An important place in the complex of sources of international security law is occupied by interconnected multilateral and bilateral treaties regulating the legal aspects of ensuring peace. These treaties relate to the non-proliferation of nuclear, chemical, bacteriological and other weapons of mass destruction; creation of nuclear-free zones (Treaty on the Prohibition of Nuclear Weapons in Latin America, 1967, Treaty on a Nuclear-Free Zone in the South Pacific, 1985, etc.); treaties prohibiting nuclear weapons testing in certain regions of the Earth or the hostile use of means of influencing environment; treaties designed to prevent the accidental (unauthorized) outbreak of war (Agreement on notifications of launches of intercontinental ballistic missiles and ballistic missiles of submarines, 1988, etc.); treaties aimed at preventing and suppressing international terrorism.

There is no single document coordinating this branch of law. There is no need for its adoption, because modern international law is entirely aimed at preventing war.

In the XXI century. by national security it is no longer enough to understand only the physical and moral-political ability of the state to protect itself from external sources of threat to its existence, since national security has become dialectically interdependent with international security, with the maintenance and consolidation of global peace.

The role of the MP in creating a comprehensive system of peace and security can ultimately be reduced to solving a twofold task:

· Ensuring the effective functioning of the peacekeeping mechanism that the world community already has, the maximum use of the potential laid down in the existing standards, strengthening the existing international. law and order;

· Development of new international legal obligations, new norms.

The implementation of the first task is associated with the process of law enforcement, the second - with the process of int. rule-making.

International Security Law(MB) - a set of legal methods that comply with the basic principles of the international law, aimed at ensuring peace, and collective measures applied by states against acts of aggression and situations that threaten the peace and security of peoples.

Legal basis:

The principle of non-use of force

The principle of peaceful settlement of disputes

· The principle of disarmament.

Special principles of MB law:

The principles of equality and equal security

· Not causing damage to the security of states, etc.

Arsenal of means of providing MB:

· collective security (global and regional); *

· disarmament;

· peaceful means of resolving disputes;

· Measures to weaken the int. tension and the end of the arms race;

· Measures to prevent nuclear war;

· Non-alignment and neutrality;

· Measures to suppress acts of aggression, violation of the peace and threats to peace;

· Self-defense;

· Actions int. organizations;

· Neutralization and demilitarization of certain territories, liquidation of foreign military bases;

· Creation of zones of peace in different regions of the world;

· Measures to build confidence between states.

The MB system is a set of means that ensure the maintenance of MB, two points are distinguished in it:

· Collective measures - broad int. cooperation;

· Preventive diplomacy aimed at preventing threats to peace and at peaceful settlement of the Int. disputes.

Collective security system has two main features:

1.acceptance by the states-participants of the system of at least three obligations, as it were, directed "inside" the system:

• do not resort to force in their relationships;

· Resolve all disputes amicably;

· Actively cooperate in order to eliminate any danger to the world.

2. the presence of the organizational unity of the states participating in the system. This is either an organization that acts as a "classical" form of collective security (for example, the UN), or another expression of unity: the establishment of consultative or coordinating bodies (for example, the Non-Aligned Movement), ensuring systematic meetings, conferences (for example, the OSCE).

The collective security system is formalized by an agreement or a system of agreements.

There are two types of collective security system: general (universal) and regional.

At present, universal collective security is based on the functioning of the UN. In the mechanism of ensuring universal security on

the foreground is not coercive, but peaceful measures.

In addition to the general system of int. security, the UN Charter provides for the possibility of creating regional systems for maintaining int. the world. Regional security systems form part of the global security system.

Organization of American States

North Atlantic Treaty Organization (NATO)

· Within the CIS, the Collective Security Council was established.

Shanghai Cooperation Organization

40. Peaceful means of resolving disputes: concept, classification

The concept " international dispute»Is commonly used to denote disagreements between states, including those that could threaten international peace and security.

Conflicting relationships:

· A dispute occurs when states mutually present claims on the same subject of the dispute.

· The situation takes place when the collision of interests of states is not accompanied by mutual claims.

States are obliged to settle their disputes on the basis of international law and justice.

According to Art. 38 of the Statute of the International Court of Justice, the settlement of disputes on the basis of international law means the application of:

1. International conventions.

2. International customs

3. General principles of law recognized by civilized nations.

4. Judgments and doctrines of the most qualified specialists in public law of different nations (auxiliary tool)

Peaceful ways of resolving disputes (Article 33 of the UN Charter):

1.negotiation

Specific goals, composition of participants, level of representation, organizational forms, etc. are agreed by the disputing parties themselves. Negotiations should be conducted on an equal basis, excluding violation of the sovereign will of the parties concerned, without any preliminary ultimatum conditions, coercion, dictatorship and threats.

2. Consultations of the parties

The mandatory consultation procedure based on the voluntary consent of the parties allows the use of a dual function of consultations: as an independent means of resolving disputes and to prevent and prevent possible disputes and conflicts, as well as, depending on the circumstances, as a means of reaching agreement by the disputing parties on the use of other means of settlement. In the literature, consultation is often referred to as a type of negotiation.

3. Inspection

A means of peaceful settlement used when the parties to the dispute disagree on the factual circumstances giving rise to the dispute or leading to the dispute. The parties create an international commission of inquiry on an equal footing. The parties retain complete freedom to use the findings of the commission of inquiry at their own discretion.

4. Mediation

Mediation involves the direct involvement of a third party in the amicable resolution of a dispute.

5. Reconciliation

Reconciliation (conciliation procedure) includes not only clarification of the actual circumstances, but also the development of specific recommendations of the parties, which form, on an equal footing, an international conciliation commission that develops such recommendations.

6. Good services

a means of resolving an international dispute by a non-party to the dispute. These actions can be aimed at establishing contacts between the disputing parties, good offices can be provided both in response to the appropriate request of one or both disputing parties, and at the initiative of the third party itself.

7. Arbitration

To submit a dispute to its consideration, the consent of the parties is required. Its decision is binding on the parties.

8. Litigation

Legal disputes must, as general rule submitted by the parties to the International Court of Justice.

9. Reaching out to regional bodies or agreements

The Charter does not link the actions of regional bodies for the settlement of international disputes with their competence, enshrined in the statutes of these bodies. It only makes them consistent with the UN Charter.

10.Other peaceful means of your choice

The UN Security Council, in the event of a dispute or situation, is empowered to “recommend the proper procedure or methods of settlement”, taking into account the procedure that has already been accepted by the parties.

In order to prevent the deterioration of the situation in the event of a threat to peace, a breach of the peace or an act of aggression, the Security Council may "require the parties concerned to take such provisional measures as it deems necessary or desirable."

37 international security law concept of types of goals. Sources of international security law. Collective security as an institution of international security law

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