International law: concept of system, functions. Concept, subject and functions of international law Subject and functions of international law
Numerous definitions of MP can be divided into two groups:
1. Definitions in which, as a 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 instance: "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.
There are various variants of definitions of this kind: in addition to the relations of states, some scientists include the relations of international organizations among the objects of regulation; 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. These are international security, disarmament, global environmental processes, the 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, insofar as international law its regulation covers 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 in the first a normative act in the form of a law prevails, then in the second, customs and contracts 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 national law, the nature of which depends on the social nature of the 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 Legal system - Elements:
Subject of international law
International law - a special system of law
MP as a system of law - it is a set of principles and norms created by certain subjects of international relations and regulating international relations.
International law has complex system, which is due to the combination in it of general legal norms-principles and general legal normative complexes, on the one hand, and industries as homogeneous complexes of norms in accordance with the subject of regulation, as well as intra-industry institutions, on the other.
1) basic principles of international law that make up its core and are of decisive importance for the entire mechanism of international legal regulation;
2) institutions common to international law, each of which includes a set of norms for a specific functional purpose, - a set of norms about international legal personality, a set of norms on international law-making, a set of norms on international law enforcement (implementation of legal prescriptions), a set of norms on international legal responsibility.
The second category includes branches of international law, i.e., complexes of homogeneous and established, according to the subject of legal regulation, norms. They are classified both on the grounds that are accepted in domestic law (with some adjustments), and on the grounds inherent in international legal regulation. The list of industries is not entirely based on objective criteria. The generally recognized ones include (without touching on the issue of names so far) such branches: the law of international treaties, the law of the sea, international space law, etc.
Within industries there are sub-sectors and legal institutions as regulatory mini-complexes on specific regulatory issues. Thus, in international maritime law - a group of norms regulating the regimes of the territorial sea, the continental shelf, the exclusive economic zone, the high seas, the seabed area outside national jurisdiction.
State recognition.
In the MP, recognition is understood as an act by which one party ascertains the existence and legal personality of the other.
Ways of forming states:
1) As a result of fundamental changes in the economic and political system.
2) Unification of several states into one.
3) The division of one state into several states.
4) As a result of the separation from the state of a part of the territory and the formation of independent states on it.
5) The formation of a new state on the site of the former colony.
The moment from which the new state becomes the subject of the MP.
Theories:
1) Constructive theory - only after recognition by all (majority) existing states.
Recognition in modern MT does not play a significant role. The fact of recognition by existing states is important only for the exercise of rights as a subject of MT.
State recognition methods:
1) De Jure (full) - the establishment of diplomatic relations with the new state, the exchange of diplomatic missions and consulates.
2) De Facto - the conclusion of international treaties on various issues.
Declaration on the Granting of Independence to Colonial Countries and Peoples of 1960 (All peoples have the right to self-determination, by virtue of this right they freely determine their political status and carry out their economic, social and cultural development)
In this act, the principle of self-determination is moral and political.
The principle of self-determination is protected by international law.
The only condition for the self-determination of a nation is the existence of a special political body. (right from states to respect)
10. Legal personality of individuals: there are no rules in the MP that would prevent individuals from acquiring the rights represented by the MP. Modern norms of MT establish the rights, duties, and responsibilities of individuals. A draft code of crimes against the peace and security of mankind is being developed. Today, the statute of an international tribunal is applied in offenses related to the prosecution of persons responsible for violations of humanitarian law in the territory former Yugoslavia. There are many conventions on the prevention and punishment of crimes of an international character. The range of international norms that provide the individual with legal opportunities for their provision and protection has expanded. The contracts also protect civil, family, labor relations. European Convention for the Protection of Human Rights and Freedoms, Part 3, Article 46 of the Constitution of the Russian Federation: everyone has the right to apply to interstate bodies for the protection of human rights and freedoms if all domestic remedies have been exhausted.
Objects of Succession
International Treaties
State property
Government debts
Membership in International Organizations (Continuity Theory)
The Russian Federation is the successor of the USSR in the membership of international organizations. And also in other situations, the Russian Federation is the successor (under contracts, obligations, and so on).
There are unwritten (usual) norms in accordance with which there are issues that are resolved by the charters of international organizations.
UN General Assembly.
Sessional body (every 3rd Tuesday in September). M. to convene special sessions, at the request of the UN Security Council or most of the UN members (within 15 days). M.b. emergency session - in connection with a threat to peace, an act of aggression, at the request of the Security Council or most of the members (within 24 hours). Each state sends its representative, each delegation - 1 vote.
Competence:
a) any issues within the charter, even those referred to the commission of other bodies.
d) elect non-permanent members of the Security Council, members of ECOSOC and the Board of Trustees,
e) appoints judges of m / n courts,
f) appoints the UN Secretary General on the recommendation of the Security Council,
g) approves the budget,
h) consider questions about the contributions of members of the UN. Decision-making procedure: is it important? - qualif large (2/3), others? – simple (1/2+1).
United Nations Security Council.
Permanent body. It consists of 15 states (5 permanent + 10 non-post), elected for 2 years. The Security Council acts on behalf of and in the interests of all UN member states.
Competence:
a) is responsible for m / n peace and security;
b) investigates any situation that might lead to debates or disputes between the states, qualifies the situation as a threat to the peace or a breach of the peace or an act of aggression.
Depending on the qualification, he takes measures:
1) temporary (resolutions, in which recalls the need to comply with the principle of peaceful settlement of disputes, procedures, methods);
2) measures not related to the use of armed forces (sanctions - a complete / partial break in the economy, the termination of railway, air, sea communications). The resolutions are binding, and a sanctions committee is being created. If f / l, y / l under the jurisdiction of a UN member state violates the resolution, then the committee informs the state, and it takes action;
3) measures related to the use of military forces (unified military forces of the United Nations).
Decision-making: important - 9 members (permanent 5), others - any 9. If the state abstains, then the vote can pass, and if it is against, then a veto is imposed.
main court UN body in The Hague. Carry out their activities on the basis of the charter, which includes the statute of the m / n court. Disputes m / y state-mi: violation of the MP, compensation for damage, violating specific m / n dog-in. The court issues advisory opinions. 15 independent judges, who are elected and work in their personal capacity, are not representatives of states.
Jurisdiction: disputes can only be considered when the parties accept the jurisdiction of the court.
Recognition can be expressed:
1) at any time, the state may declare that it recognizes the jurisdiction of the court as binding, but may exclude certain disputes,
2) in a specific m / n dog-re, they may provide that disputes over the adoption of a m / n dog will be considered by the m / n court. The state can make a reservation that it does not recognize, but it can be withdrawn,
3) on a specific dispute. Any dispute with the consent of the parties can be referred to the m / n court. Faculty of Law, that is, not all disputes, but only with consent. The decision of the court is binding.
The collapse of the USSR 8.12.1991 Belarus, Ukraine, Russia. On the same day, an agreement was adopted on the creation of the CIS, which was signed by the so-called 3 states.
12/21/1991. – protocol, which was signed, except for Georgia, by all the former republics of the USSR (12).
January 22, 1993 - adoption of the CIS Charter, entered into force on January 22, 1994. Membership - 12 republics.
Main goals:
· cooperation in all spheres;
Creation of a single eq-th space;
Ensuring and protecting human rights;
Ensuring freedom. communication m / y by citizens of state-in - members of the CIS;
· maintaining m / n peace and security, including disarmament measures;
· peaceful resolution of disputes and conflicts m/y of state-mi sodruzh-va;
· Realization of legal assistance m/y by state-mi-members of the CIS.
CIS structure:
1. Council of Heads of State- session body. At the level of heads of state in the CIS, the principle decides. questions concerning d-ti CIS.
2. Council of Heads of Rights-in- session body. At the level of heads of rights, he coordinates the cooperation of the OIV of the CIS member states.
3. Council of Ministers in. affairs- session body. Carries out the coordination of the foreign field of the d-state-members of the CIS.
4. Coordinating Advisory Committee operates constantly. Implements the current d-t CIS. Prepares proposals and drafts of documents within the framework of CIS countries.
5. Economy court considers disputes m / y by state-mi-members of the CIS arising from dog-ditch ek-go har-ra, and gives an interpretation of the provisions of such a dog-ra.
6. Human Rights Commission develops projects m / n dog-ditch in the field of human rights. M. consider ind. appeals → recommended har-r resh-th.
7. Interparliamentary Assembly- session body. The delegations of the national parliaments are working. Introduced only in 1994. Meetings - in S-P.
8. Secretariat– adm.-tech. organ. Ensures the work of all other bodies of the CIS. Headed by a secretary. Acts on behalf of and in the interests of the CIS with other m / n org-tions and other states. He tries in Minsk.
The official language is Russian.
Council of Europe.
Created zap-evr state mi in 1949, open to dr evr state-in. Implement t d-th on the basis of the charter. Competence: considers issues of general interest, dedicated to social cultural sphere, issues of science, education, rights sphere, administrative issues, ensuring the protection of human rights, any issues other than military ones. May include state-va, which accept obligations under the charter.
Requirements for candidates: 1) must recognize the rule of law, 2) each state provides all persons on its territory and rights and freedoms, that is, to sign a convention on the rights and fundamental freedoms of people. The state can be excluded from the CE if it violates its obligations under the charter, if it does not guarantee rights and freedoms on its territory. Membership in the CE might be suspended. RF - member of the Council of Europe 1992.
The procedure for the adoption of state-in: an application for entry, the study of state-va.
Page of CE bodies:
Committee of Ministers
Congress of Local and Regional Authorities
Commissioner for Human Rights
Secretariat.
The PA CE initiated the issue of suspending the membership of the Russian Federation in the CE, but the decision was not adopted by the Committee of Ministers.
1. PA CE - for example, a delegation (2-18 people, in the Russian Federation - 12). Sessional body, broad competence, accepts declarations on any issues.
2. The Committee of Ministers is a non-police body that supervises the state-participants in the fulfillment of their obligations to the Council of Europe. Controls the execution of decisions of the European Court of Human Rights.
3. The Congress of Local and Regional Authorities (created in 1994, was not provided for in the CoE initially). Coordinates d-t, promotes cooperation in this area with S-s - state-in-members of the CE and ATE.
4. Commissioner for human rights - introduced in 1995, studies situations of gross and massive violation of human rights in the member states of the Council of Europe, draws up a report and, for example, in the PACE of the Council of Europe. If it was violated, then:
Terminate Membership
Will suspend membership
Throw a finger.
5. Secretariat - adm.-tech. body that provides the work of all other organs, headed by the gene. secretary.
Official languages of the CE - French, English.
Preparation and adoption of the text of the treaty. Powers.
Development may be through diplomatic channels (without meetings) or through negotiations (with a small number of participants), within the framework of international organizations or international conferences each state sends its representative to participate in various CBMs. He is given powers- a document certifying the right of a person to participate in the conclusion of the MD. Powers are not required for the head of state, head of government, ministers of foreign affairs - they do not need powers to carry out all actions to conclude an MT. The head of diplomatic missions, the head of missions to international organizations, the head of the delegation at the conference do not need powers only in the development and adoption of the text of the MD. The list of persons is in the Vienna Convention of 1969. In the Federal Law of the Russian Federation “On the Ministry of Internal Affairs of the Russian Federation”, the list is expanded (the head of the federal executive authority under interdepartmental agreements).
The conference begins with the surrender of powers, for example, to the chief secretary; the person determined by the rules of the conference, the Secretary General (within the framework of an international organization).
Text acceptance method:
2) consensus - can drag on for many years until an agreement is reached.
Interpretation of m / n dog-ditch.
This is a clarification of the actual meaning and content.
VK 1969 establishes the principles of interpretation:
1. must be interpreted in good faith,
2. terms should be given their usual meaning,
3. for interpretation, use the context, including the preamble and all the documents adopted for this dog-ru.
The Vienna Convention provides additional Wed interpretation: conditions for the conclusion of m / n contracts, preparatory materials. But these auxiliary comparisons are used if the interpretation leads to ambiguous or absurd conclusions.
Types of interpretation:
1) authentic - something that is given by the state, concluded a contract (in special agreements, protocols). This tol-e has the highest power.
2) tol-e m / n org-mi,
3) one-sided interpretation - in interpretative statements - various state org.
4) scientific sense is carried out by the department of scientists, research teams.
War and international law
War is a phenomenon of organized collective violence. War is one of the manifestations of conflicts between human societies and power structures of societies. War or the conduct of hostilities is governed by the law of armed conflict. The law of armed conflict is a sub-branch of international humanitarian law. The process of codifying armed conflicts took hundreds of years. The law of armed conflict is based mainly on the concept of war in the 19th century, when rules were established to regulate conflicts of an international character and to protect the rights of military personnel. Lately little is changed. At present, international humanitarian law continues to develop in the direction of improving the protection of civilians and strengthening the role of the rules of law applicable to non-international conflicts.
In general, now, the word "war" is not used in international law. A war between two states is called, in accordance with international law, an armed conflict of an international character. Civil War respectively called an armed conflict of a non-international character.
The literal and doctrinal differences between these conflicts do not coincide, but the difference in legal regulation is the same for both approaches. If an international armed conflict is regulated by the entire set of norms of international humanitarian law, then a conflict of a non-international character falls under the entire scope of Article 3 common to all Geneva conventions and the second additional protocol.
Literally interpreting the provisions of the Geneva Conventions, under international conflict we understand any interstate armed conflict, as well as the struggle of peoples against colonial domination, foreign occupation or racist regimes.
Non-international conflicts are understood to mean a conflict on the territory of one state between the armed forces of that state and anti-government armed formations or other organized armed groups that, being under responsible command, exercise such control over a part of its territory that allows them to carry out continuous and concerted military actions.
In a situation of war, there is a massive use of violence by the armed forces in an organized and coordinated manner. The presence of a number of rules makes it possible to distinguish between armed conflict and chaos, for example, combatants must be organized in combat units, obey the higher command, and the command issues orders, ensures the maintenance of discipline, including obedience to the norms of humanitarian law.
Back in 1928, war in international relations was outlawed, it was established that this term was not applicable and the term armed conflict should be applied.
The UN Charter limits the use of force between states, and only in the event of aggression for self-defense can armed force be used. Armed conflict is only a transitional period, the methods of its conduct should not make the restoration of peace impossible. Avoid unnecessary or disproportionate suffering or destruction to a particular military advantage.
It is important to distinguish between military and civil conflicts. A military operation is only legal if it serves as a means to achieve a specific military goal. The weapons used must be fit for that purpose and not cause wanton destruction and suffering. Prohibited types of weapons for example: nuclear, chemical, anti-personnel mines, self-exploding bullets.
The tactics of warfare should allow not only to distinguish between civil and military actions, but also to provide assistance to injured military personnel during the battle.
The Geneva Conventions have been signed by all the states of the world.
The statute of the international criminal court providing for responsibility for crimes against humanity that can be committed by states in person, but Russia has not signed or ratified this statute.
Open sea.
OM - all parts of the sea, which are not included in the exclusion. eq-kuyu zone, ter-noe sea or int. sea waters c.-l. state-va. The legal regime is established by the convention of 1982. OM - space, which refers to m / n ter-ii, →, all state-va m. the exercise of freedom: navigation, flights, laying cables and pipelines, erecting artificial islands, installations and structures, ruble, Scientific research. OM d. isp-Xia ie for peaceful purposes, i.e. it is forbidden to test weapons, conduct military maneuvers and exercises. Sea vessels in the OM are subject to the jurisdiction of the flag state. If the vessel has several nationalities, then it is recognized as having no nationality. This ship might be stopped and inspected by any warship, which m. state-va. Warships are immune. A warship may take action with respect to any vessel if there are reasonable grounds to believe that the vessel is engaged in piracy or the slave trade, or unauthorized activities, if the flag is not raised and refuses to do so. Any coastal state may pursue hot pursuit if the coastal state has reason to believe that the vessel has violated the laws and regulations of that state. Such persecution should begin in the ext. sea waters or in the thorny sea or in the adjacent zone, if the vessel has violated the laws and regulations of the coastal state, which regulates the legal regime of exclusion of the ex zone and the counter shelf. The pursuit should be conducted continuously, until the vessel enters the Terrible Sea of the other state. This right is exercised by so-called warships or aircraft.
Seas and oceans.
The legal regime of the mouth of the conv-tion of 1982. Bottom \u003d area, starting after the counter shelf. The area and its resources (all solid, liquid or gaseous mineral resources, including polymetallin, nodules in a state of real estate, located on the bottom surface and in its bowels) are the common property of all people. Not a single state can claim the sovereignty of a part of the bottom; no 1 state, f / u / l can appropriate parts of the bottom; on behalf of people, the seabed authority operates. The order of its creation and reg. Body - org-tion, members of which are participants in the 1982 convention, within the framework of which the state implements and controls d-th in the region. Seabed resources are not subject to alienation, but minerals can be. alienated on the terms stipulated by the contract m / y by the body and the relevant state-tion, f / y / l. The structure of the body includes an enterprise that carries out the current d-th, control over the d-tyu, which is carried out at the bottom. The bottom is open for scientific research. The bottom is partially demilitarized: placement on the bottom and its subsoil is prohibited nuclear weapons and any weapons of mass destruction. State Islands are responsible for the conservation of bottom resources. To do this, conclude m / n dog-ry. Section IX of the 1982 Convention is devoted to
69. Legal regime of outer space and celestial bodies:
dog-r "on the principles of the states of the states on the exploration and use of outer space, including the Moon and other celestial bodies" 1967, agreement "on the states of the states on the moon and other celestial bodies ”1979. But the RF is only in the first. Outer space - m / n ter-ia, it is open for use and research for all states, free for scientific research, which are carried out for the benefit and interests of all states in, and the result is the property of all people. Outer space is, in part, a demilitarized territory, and it is impossible to test nuclear weapons and other mass destruction on the basis of the dog-ra “on the prohibition of testing poisonous weapons in the atmosphere, space space, under water ”1963. The Russian Federation participates in it. The moon and other heavenly bodies are completely demilitarized. It is forbidden to place military bases and conduct military exercises (agreement "on the Moon" 1979). On the demilitar, there is a bilateral m / n agreement between the USSR and the USA “on limiting systems missile defense» 1972.
70. International legal regime natural resources include living resource mode and mineral resource mode.
According to the Convention on the Conservation of Antarctic Marine Living Resources of 1980, any fishery is carried out in accordance with the principles: 1) preventing the reduction of any population to levels below those that ensure their sustainable position; 2) maintaining ecological relationships between harvested and associated populations of marine living resources; 3) prevention of changes in the marine ecosystem that are fundamentally irreversible for two or three decades. To implement the objectives and principles of the Convention, a Commission for the Conservation of Antarctic Marine Living Resources is established from among its participants.
The 1972 Convention for the Conservation of the Antarctic Seals obliges not to slaughter or capture certain types of seals in the area, except in cases strictly specified in the Convention.
The 1988 Antarctic Minerals Management Convention was postponed because the environmental safety measures it provided were found to be insufficient.
On October 4, 1991, the Protocol on the Protection of environment to the Antarctic Treaty. Its participants characterize Antarctica as nature reserve, designed for the world and science. The Protocol prohibits any activity in Antarctica in relation to mineral resources, with the exception of scientific research (Article 7). The ban will remain in effect until the development of a new regime for the development of mineral resources, taking into account the acceptability of such activities in the interests of all states.
The competence of the consultative meetings provided for by the Treaty includes the exchange of information, mutual consultations, the development of recommendations to the governments of the participating countries on taking measures to promote the implementation of the principles and objectives of the treaty, including measures regarding: 1) the use of Antarctica only for peaceful purposes; 2) promote scientific research in the Antarctic; 3) promotion of scientific cooperation in Antarctica; 4) facilitating the implementation of inspections; 5) matters relating to the exercise of jurisdiction; 6) protection and conservation of the living resources of the Antarctic. Recommendations are subject to approval by all countries-participants of the Treaty. The recommendations that have entered into force are an integral part of the international legal regime of Antarctica.
Article V of the Antarctic Treaty prohibits conducting in Antarctica nuclear explosions and removal of radioactive materials to the area. The First Consultative Meeting of the States Parties to the Treaty recommended that the governments of their countries exchange information on the use of nuclear equipment and technology in the specified region.
Each state participating in the Consultative Meetings has the right to appoint an unlimited number of observers, who must be citizens of the state that appoints them. Any observer has complete freedom of access to all areas of Antarctica at any time.
The territory of this continent, as well as stations, installations and equipment within it, ships and aircraft at the points of unloading and loading equipment, materials or personnel are always open for inspection. Aerial observation may be carried out at any time over any area of Antarctica. Observers draw up reports on the results of control, which are sent to the states participating in the Consultative Meetings.
States are obliged to inform each other in advance of all expeditions to this continent made by their ships or nationals, as well as of all expeditions organized on their territory or departing from their territory, of all stations in Antarctica occupied by their nationals, of any military personnel or equipment intended for departure to the Antarctic.
Observers and scientific personnel, as well as personnel accompanying them, are in Antarctica under the jurisdiction of the state of which they are citizens.
71. International air law represents a set of rules governing the relations of states in the field of the use of airspace, the organization of air communications, commercial activities and ensuring the safety of civil aviation. It covers two aspects: 1) legal regulation of international flights in the airspace of a particular state; 2) legal regulation of flights in international airspace.
Each state has complete and exclusive sovereignty over the airspace within its land and water territory. In other words, the airspace within the specified limits is an integral part of the territory of the state. The legal regime of the airspace of the state is determined by national legislation. However, at the same time, the state also takes into account those international obligations that relate to international air relations. A state must follow the generally recognized principles of international law, in particular the principles of sovereign equality, non-interference in internal affairs and cooperation, which obliges it to manage its airspace taking into account the interests of other states, i.e. not violate their rights within their sovereign territory and within international airspace.
The main source of international air law are international treaties. The Paris Convention of 1919 became the first multilateral treaty that established the foundations of this branch of international law. It recognized the full exclusive sovereignty of a state over its airspace. At the same time, the Convention established the right of "innocent passage" of foreign aircraft in the airspace of other states.
72. International environmental law- it is a set of international legal principles and norms governing relations regarding the protection of the natural environment, its rational use and reproduction, regulating the cooperation of states in this area in order to ensure an ecosystem favorable for the life of mankind.
States have sovereignty over natural resources within their territory. The principle of inalienable sovereignty was reflected in a number of international documents, in particular, in the resolution of the UN General Assembly "Inalienable sovereignty over natural resources" in 1962, adopted at the Stockholm Conference in 1972 on the problems human environment Environment Declaration: "States have the sovereign right to develop their own resources in accordance with their environmental policies."
States must make rational use of Natural resources, taking into account their potential, the need for reproduction, avoiding irreversible negative consequences. They must not change the natural conditions on their territory if this has a harmful effect on the nature of other states. This requirement is a specification of the general principle of law “use your own so as not to harm another”. In relation to international environmental law, this principle was formulated in the Stockholm Declaration of 1972: “States are responsible for ensuring that activities within their jurisdiction or control do not cause damage to the environment of other states or areas beyond national jurisdiction.” It is also expressed in international treaties, in particular in the Convention on the Prohibition of Military or Any Other Hostile Use of Means of Influencing natural environment 1976, in the 1979 Convention on Long-range Transboundary Air Pollution
States bear international responsibility for environmental damage. This responsibility was embodied in arbitration and judgments on interstate disputes over pollution damage.
International law also contains provisions such as freedom to explore the environment, promotion of international environmental cooperation, assessment of transboundary environmental impacts, exchange of information and mutual consultations.
International law: concept and subject of regulation.
International law- a set of legal norms created by states and interstate organizations through agreements, and representing an independent legal system, the subject of regulation of which are interstate and other international relations, as well as certain intrastate relations. Legal system - it is the totality of all legal phenomena in the state. Elements: system of law; lawmaking; law enforcement; legal awareness; legal ideology.
Subject of international law- international relations - relations that go beyond the competence and jurisdiction of any state. Includes relationships:
between states - bilateral and multilateral relations;
between states and international intergovernmental organizations;
between states and state-like entities;
between international intergovernmental organizations.
International law
1) between states;
features:
The following functions are distinguished:
International recognition.
International legal recognition- this is an act of the state by which it considers it appropriate to enter into legal relations with the recognized party. This side could be:
The newly emerged state
The new government
a nation or peoples fighting for independence;
a rebel or belligerent;
an international organization.
You can talk about two doctrines of recognition:
1) constitutive- recognition is seen as the constitution of a new subject of international law;
2) declarative- recognition is a statement of the fact of the emergence of a new subject of international law.
Russian international law has always stood and stands on the positions of the declarative doctrine of recognition.
State succession.
The succession of states is the transfer of certain rights and obligations from one state subject to international law to another. Succession is a complex international legal institution, the rules of this institution were codified in the Vienna Convention of 1978 on the succession of States in respect of treaties and in the Vienna Convention of 1983 on the succession of States in respect of state property, public archives and public debts.
There are two main theories about state succession.
According to the universal theory of state succession, the successor state fully inherits the rights and obligations that belonged to the predecessor state. Representatives of this theory (Puffendorf, Vattel, Bluntschli) believed that all international rights and obligations of the predecessor state are transferred to the successor state, since the identity of the state remains unchanged.
Negative Succession Theory. Its representative, A. Cates, believed that when power changes in one state to another, the international treaties of the predecessor state are discarded. A variation of this theory is the concept of tabula rasa, which means that the new state begins its contractual relations anew.
Thus, in the succession of states, succession is distinguished in respect of international treaties, state property, state archives and in relation to public debts.
Succession in respect of international treaties implies that a newly independent state is not bound to maintain in force any treaty or become a party to it solely by virtue of the fact that, at the time of succession, the treaty was in force in respect of the territory that was the object of the succession (Article 16 of the Vienna Convention). conventions of 1978).
Succession in relation to state property implies that the transfer of state property from the predecessor state to the successor state occurs without compensation, unless otherwise provided by agreement between the parties.
The succession in relation to state archives implies that the state archives pass to the new independent state from the predecessor state in full.
Succession in respect of public debts depends on which state is the successor state: part of the predecessor state, two united states or a newly independent state. The debt of the predecessor state passes to the successor state, the amount of debt depends on the type of successor state.
Contract structure.
· Preamble- this is the part of the contract in which the purpose of the contract is formulated and is used in its interpretation.
· Main part. This part of the treaty is divided into articles that can be grouped into sections (UN Convention on maritime law 1982), chapters (UN Charter) or parts (Chicago Convention on International Civil Aviation 1944) In some treaties, articles, as well as sections (chapters, parts) may be named.
· Final part. The final part of the agreement sets out the provisions for the entry into force and termination of the agreement, as well as the language in which the text of the agreement is drawn up.
At present, applications are widely used, but in order to give them the force of the treaty itself, a special indication in it or in an annex to it is necessary, otherwise such acts cannot be considered as part of the treaty.
Name of the contract. Treaties may have various names (for example, agreement, convention, treaty proper, protocol, declaration, charter, charter, etc.), but there is no generally accepted classification of such names in international law. The name of the contract does not have any legal meaning, since an agreement under any name is a contract that creates rights and obligations for its participants.
International Court of Justice.
The International Court of Justice is the main judicial body of the UN, established in 1945. The International Court of Justice operates on the basis of the Statute of the International Court of Justice, as well as the Rules of Court.
The main purpose of the International Court of Justice is to conduct by peaceful means, in accordance with the principles of justice and international law, the settlement or resolution of international disputes or situations that can lead to a breach of peace.
The functions of the International Court of Justice are: consideration and resolution of disputes submitted by states, adoption of advisory opinions on legal issues.
The International Court of Justice is located in the Netherlands, in the city of The Hague. The International Court of Justice is made up of 15 judges who are elected for nine years and may be re-elected. Members of the Court are individual judges chosen from among persons of high moral character who meet the qualifications required in their countries for appointment to the highest judicial offices, or who are jurists of recognized authority in the field of international law.
The members of the Court are elected by the General Assembly and the UN Security Council. Elections are held simultaneously and independently of each other. An absolute majority of votes must be obtained in both bodies to be elected. The President of the Court is elected for a term of three years with a possible re-election. In the performance of judicial duties, members of the Court enjoy diplomatic privileges and immunities. The Court is a permanent body and sits in its entirety. Chambers of judges consisting of three or more judges may be formed to consider a certain category of cases. Official language of the Court: French or English.
According to Art. 38 of the Statute, the Court decides disputes submitted to it on the basis of international law and applies:
1) international conventions, both general and special, establishing rules expressly recognized by the disputing states;
2) international custom as evidence of a general practice recognized as a legal norm;
3) general principles of law recognized by civilized nations;
4) Judicial decisions and doctrines of the most qualified specialists in public law of various nations as an aid to the determination of legal norms.
The decisions of the Court are binding on the states that were parties to the dispute. In the event that a party in a case fails to comply with the obligation imposed on it by the decision of the Court, the Security Council, at the request of the other party, “may, if it deems it necessary, make recommendations or decide to take measures to enforce the decision” (paragraph 2 of Art. 94 of the UN Charter).
Council of Europe.
The Council of Europe was founded by statute in May 1949. The purpose of the Organization is to achieve greater unity among its members in order to protect and implement the ideals and principles that are their common heritage and to promote their economic and social progress. The aim is achieved through the efforts of the bodies of the Council of Europe through the consideration of issues of common interest, the conclusion of agreements and joint action in the economic, social, cultural, scientific, legal and administrative fields, as well as through the maintenance and further implementation of human rights and fundamental freedoms.
The activities of the Council of Europe are focused on the following issues: legal support of human rights; promoting awareness and development of European cultural identity; search for joint solutions to social problems (national minorities, xenophobia, intolerance, environmental protection, bioethics, AIDS, drug addiction); development of political partnership with the new democratic countries of Europe.
Within the framework of the Council of Europe, a large number of international legal instruments have been developed, which are sources of international public law. Among them are the European Convention for the Protection of Human Rights and Fundamental Freedoms of 1950 and its protocols; European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, 1987 and its protocols; Framework Convention for the Protection of National Minorities 1995
Within the framework of the Council of Europe, a mechanism has been created to control V and prevent violations of human rights in the member states of the European Court of Human Rights, which considers complaints from citizens of the CE member states, provided that they have used all effective national methods to protect and restore violated rights.
Governing bodies of the Council of Europe are the Committee of Ministers, the Consultative Assembly, the Line Ministerial Meetings and the Secretariat.
The Committee of Ministers is composed of the ministers for foreign affairs of the member states and is the highest body of the Council of Europe. It decides on the program of work of the organization, approves the recommendations of the Consultative Assembly. At the ministerial level, it usually meets twice a year. Monthly meetings at the level of permanent representatives of the member states of the Council of Europe are also envisaged. The Consultative Assembly consists of deputies and their deputies. The number of representatives from each country depends on the size of its population. The Assembly has five factions: Democrats and Reformers, Democrats, Liberals and Socialists.
According to Art. 4 of the Charter of the Council of Europe, a state wishing to join the Council of Europe must fulfill the following conditions: compliance of its institutions and legal structure with the fundamental principles of democracy, as well as respect for human rights; the election of people's representatives through free, equal and universal suffrage.
41 states are members of the Council of Europe, including Russia. The headquarters of the organization is located in Strasbourg.
IMF Official Targets
1. "promote international cooperation in the monetary and financial sphere";
2. "promote expansion and balanced growth international trade» in the interests of developing productive resources, achieving a high level of employment and real incomes of Member States;
3. "ensure the stability of currencies, maintain orderly monetary relations among member states" and prevent "the depreciation of currencies in order to obtain competitive advantages";
4. assist in the creation of a multilateral system of settlements between member states, as well as in the elimination of currency restrictions;
5. provide temporary foreign exchange funds to Member States that would enable them to "correct imbalances in their balance of payments".
Main Functions of the IMF
Promoting international cooperation in monetary policy
Expansion of world trade
lending
stabilization of monetary exchange rates
advising debtor countries (debtors)
development of international financial statistics standards
collection and publication of international financial statistics
IBRD Goals
· Assistance in the reconstruction and development of the economy of member countries;
• promotion of private foreign investment;
· promoting a balanced growth of international trade and maintaining balance of payments;
collection and publication of statistical information,
Initially, the IBRD was called upon, with the help of the accumulated budgetary funds of the capitalist states and the attracted capital of investors, to stimulate private investment in the countries of Western Europe, whose economies had suffered significantly during the Second World War. Since the mid-1950s, when the economies of Western European countries stabilized, the activities of the IBRD increasingly began to focus on the countries of Asia, Africa and Latin America.
Unlike the IMF, the International Bank for Reconstruction and Development provides loans for economic development. The IBRD is the largest lender of development projects in middle-income developing countries and credit-worthy poor countries. Countries applying to join the IBRD must first be admitted to the IMF.
Unlike the IMF, the IBRD does not use standard conditions lending. The terms, volumes and rates of IBRD loans are determined by the characteristics of the project being financed. Like the IMF, the IBRD usually makes loans subject to conditions. All bank loans must be guaranteed by member governments. Loans are allocated at an interest rate that changes every 6 months. Loans are provided, as a rule, for 15-20 years with deferred payments on the principal amount of the loan from three to five years.
The main goal, which was initially proclaimed by the founders of the IBRD, was that the bank, first of all, was the initiator and organizer of private investments, seeking favorable conditions and a “climate” for them in the borrowing countries. The bank could lend to governments under government guarantees, but had to shy away from investing its capital in high-yield, fast-paying businesses. It was assumed that the IBRD would focus its operations exclusively on those objects that are important to the states, but in which the private investor is reluctant to invest. In fact, the IBRD immediately began to interfere widely in the internal affairs of the borrowing countries in the interests of its owners (the United States), put pressure on governments, imposing its own "development programs". As a result, all programs of "reconstruction and development" implied the preservation of the borrowing countries as agrarian and raw materials appendages of industrial powers. The missions of the bank, its "technical advice", "consultations" and "recommendations" were ultimately reduced to the development Agriculture in borrowing countries and to increase the extraction of minerals to increase their export to the United States and a number of other industrial capitals. countries.
The supreme bodies of the IBRD are the Board of Governors and the Directorate as executive agency. At the head of the bank is the president, as a rule, a representative of the highest business circles in the United States. Sessions of the Council, consisting of finance ministers or central bank governors, are held once a year in conjunction with the IMF. Only members of the IMF can be members of the bank; votes are also determined by the country's quota in the capital of the IBRD (more than $180 billion). Although IBRD members are 186 countries, the leading position belongs to the seven: the USA, Japan, Great Britain, Germany, France, Canada and Italy.
Sources of the bank's resources in addition to equity capital are the placement of bond issues, mainly in the US market, and funds received from the sale of bonds.
Concept, subject and method of international law.
International law can be defined as a special system of law - a set of international legal principles and norms created by subjects of international law and regulating relations between states, peoples fighting for their independence, international organizations, state-like entities, as well as, in some cases, relationships involving individuals and legal entities.
International law is a set of international legal norms, an independent branch of law that regulates international relations and some related domestic relations.
The role of international law in modern world is constantly growing due to the emergence of a number of problems and processes that states are not able to resolve with the help of domestic law and within the territory of one state.
Features of international law are manifested primarily in the scope of the rules of international law, the features of relations regulated by international law, the sources of international law, the specifics of the legal regulation of this industry, the features of the system of international law.
Like any branch of law, international law has its own subject and method.
Subject of legal regulation- this is what the legal regulation of the industry is aimed at. The subject of international law is the international relations that develop between the subjects of international law (states, international organizations, pseudo-state entities, peoples).
Relations that are the subject of international legal regulation can be divided into interstate and non-interstate.
Interstate relations include:
1) between states;
2) between states and nations fighting for independence.
International legal norms are aimed primarily at regulating relations between the main subjects international relations- states.
Relations between states and peoples fighting for independence are, in fact, like "pre-states" and relations with them are relations with future states, if, of course, such states are created.
However, international law also regulates relations of a non-interstate character - i.e. relations in which the state is only one of the participants or does not participate at all.
International non-interstate relations are:
1) between states and international organizations, as well as state-like entities;
2) between international organizations;
3) between states, international organizations, on the one hand, and individuals and legal entities, on the other;
4) between individuals and legal entities.
Legal regulation method is the way in which the industry influences its regulation. In international law, both imperative and dispositive methods are used.
International law uses the following methods: Historical; Formal-logical; Comparative; Functional; Systemic
The general operating method covers five specific methods:
1) political and legal method - the norms of international law are implemented by the subjects with the help of political means;
2) moral and legal method - the use of the mechanism of action of morality for the implementation of the norms of international law; the main thing here is the mobilization of moral means in the name of ensuring the conscientious implementation of the norms of international law;
3) ideological and legal method - influence on international relations through ideology, strengthening the positions of international legal consciousness, clarifying goals, principles and norms, creating conviction in the need for their implementation;
4) organizational and legal method - the adoption of organizational measures to implement the norms of international law both within states and in international relations;
5) special-legal method - the use of specific legal means of influencing international relations. This method is the essence of international legal regulation.
The functions of international law are the main directions of influence on international relations.
International law fulfills the following features:
The following functions are distinguished:
1) stabilizing - its significance lies in the fact that international legal norms are called upon to organize the world community, establish a certain international legal order, strive to strengthen it, make it more stable;
2) regulatory - when it is implemented, the international legal order is established and public relations are regulated accordingly;
3) protective - consists in ensuring the proper protection of international legal relations. In case of violation of international obligations, the subjects of international legal relations have the right to use the measures of responsibility and sanctions allowed by international law;
4) informational and educational - consists in transferring the accumulated experience of the rational behavior of states, in educating about the possibilities of using the law, in educating in the spirit of respect for the law and the interests and values \u200b\u200bprotected by it.
International law
International law is one of
Sources of international law
The sources of public international law are those external forms in which this right is expressed.
Main (primary):
an international treaty
international legal practice (see article customary international law)
Acts of international organizations (example: UN resolution)
general principles of law
Auxiliary (secondary):
court decisions
legal doctrine
international treaty
international treaty is an agreement governed by international law concluded by states and / or other subjects of international law.
To qualify an agreement as an international treaty, it does not matter whether it is concluded orally or in writing, whether such an agreement is contained in one or more documents. The status of an international treaty does not depend on its specific name: agreement, convention, charter of an international organization, protocol. To determine whether a document is a contract, it is necessary to analyze its content, that is, to find out whether the parties had the intention to assume international legal obligations. There are cases when contracts are even called declarations or memorandums, although traditionally documents with such names are not contracts.
Object and purpose of an international treaty
The object of an international treaty is the relationship of the subjects of international law regarding material and non-material benefits, actions and refraining from actions. Any object of international law can be the object of an international treaty. As a rule, the object of the contract is reflected in the name of the contract.
The purpose of an international treaty is understood as what the subjects of international law seek to implement or achieve by concluding a treaty. The purpose is usually defined in the preamble or in the first articles of the treaty.
Classification of international treaties
Bilateral (that is, agreements in which two states participate, or agreements where one state acts on one side, and several on the other);
multilateral
o with an unlimited number of participants (universal, general).
o with a limited number of participants (regional, particular).
Closed (i.e., contracts, participation in which depends on the consent of their participants);
open (i.e., treaties to which any state can be a party, regardless of whether there is consent or not from other states participating in them).
agreements on political issues
legal agreements
contracts for economic issues
Treaties on humanitarian issues
security agreements, etc.
written
perpetual
urgent
short-term
regional
universal
Subjects of international law
Subjects of international law- participants in international relations, possessing international rights and obligations, exercising them on the basis of international law and bearing, if necessary, international legal responsibility.
The subjects of international law are considered to be:
main subjects:
states - the main subjects
Subjects that are such by virtue of their origin:
· The Holy See
· Order of Malta
· International Committee Red Cross
International Federation of Red Cross and Red Crescent Societies
international intergovernmental organizations such as the United Nations
Also, under certain conditions, the following can be recognized as subjects:
state-like formations
nations fighting for independence
national liberation movements
governments in exile
Organizations recognized as legitimate representatives of a people
Forms and structures of an international treaty
Form and structure of international treaties
The contract may be concluded in writing or orally. Contracts orally are concluded very rarely, so the most common form is written.
The structure of the contract includes its constituent parts, such as the name of the contract, the preamble, the main and final parts, the signatures of the parties.
Preamble is an important part of the treaty because it often articulates the purpose of the treaty. In addition, the preamble is used in interpreting the treaty. Main part The contract is divided into articles, which can be grouped into sections, chapters or parts. In some contracts, articles, as well as sections (chapters, parts) may be given names. V final part states such provisions as the conditions for the entry into force and termination of treaties, the language in which the text of the treaty is drawn up, etc. International treaties often have applications in the form of protocols, additional protocols, rules, exchange letters, etc.
Conclusion of international treaties Stages of concluding international treaties
Promotion of a treaty initiative
preparation of the text of the agreement,
adoption of the text of the treaty,
establishing the authenticity of the texts of the treaty in different languages,
Signing of an agreement
Expressing the consent of the contracting parties to be bound by the treaty.
Ways of Expressing Consent
signing
exchange of documents (notes or letters)
ratification
· statement
· Adoption
approval
joining
Bodies of external relations
Diplomatic activity of the states is realized through the system of bodies of external relations. Distinguish between domestic and foreign bodies of external relations.
Domestic bodies of external relations include the head of state, parliament, government, the Ministry of Foreign Affairs, other departments and services, whose functions include the implementation of external relations on certain issues.
The President of the Russian Federation, in accordance with the Constitution of Russia and federal legislation, determines the main directions of internal and foreign policy The Russian Federation, as head of state, represents the Russian Federation within the country and in international relations. The President of the Russian Federation, in particular, manages the foreign policy of the Russian Federation; negotiates and signs international treaties of the Russian Federation; signs instruments of ratification; accepts credentials and recall letters of diplomatic representatives accredited to him; appoints and recalls diplomatic representatives to other states and international organizations; assigns the highest diplomatic ranks.
The State Duma adopts laws, incl. on the ratification and denunciation of international treaties of the Russian Federation, on the entry of the Russian Federation into interstate unions and organizations, etc.
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The Federation Council decides on the use of the Armed Forces of the Russian Federation outside its territory, considers laws on the ratification and denunciation of international treaties of the Russian Federation.
The Government of the Russian Federation takes measures to implement the foreign policy of our state, makes decisions on holding negotiations and concluding intergovernmental and interdepartmental agreements.
The Ministry of Foreign Affairs of the Russian Federation, in accordance with the Regulations on the Ministry of Foreign Affairs of the Russian Federation 1995 ᴦ.˸, develops a general strategy for the foreign policy of the Russian Federation and submits proposals to the President of the Russian Federation; provides diplomatic and consular relations of the Russian Federation with foreign states, international organizations, representation and protection of the interests of the Russian Federation abroad, the rights and interests of Russian individuals and legal entities, negotiating on behalf of the Russian Federation, drafting international treaties of the Russian Federation, monitoring the implementation of treaties of the Russian Federation, etc.
In addition to the above, the bodies of external relations of the Russian Federation include the State Customs Committee of the Russian Federation, the Federal Border Service, etc.
Foreign bodies of external relations are diplomatic and consular missions, trade missions, representative offices of states at international organizations, delegations at international meetings and conferences, special missions.
Concept, subject of international law.
International law is a set of international legal norms, an independent branch of law that regulates international relations and some related domestic relations.
The role of international law in the modern world is constantly growing due to the emergence of a number of problems and processes that states are not able to resolve with the help of domestic law and within the territory of one state.
International law is one of the most complex branches of law. A number of problems of international law receive an ambiguous interpretation. In addition, international law is closely related to international politics, which greatly complicates its application. Features of international law are manifested primarily in the scope of the rules of international law, the features of relations regulated by international law, the sources of international law, the specifics of the legal regulation of this industry, the features of the system of international law. Unlike any branch of domestic law, international law is primarily aimed at regulating interstate relations of several sovereign states.
Like any branch of law, international law has its own subject and method.
The subject of legal regulation is what the legal regulation of the industry is aimed at. The subject of international law is the international relations that develop between the subjects of international law (states, international organizations, pseudo-state entities, peoples). The method of legal regulation is the way the industry influences the subject of its regulation. In international law, both imperative and dispositive methods are used. International law is a public branch of law. The concepts of "international law" and "international public law" are synonymous. International law is an independent and integral legal system. At the same time, according to Art. 15 part 3 of the Constitution of the Russian Federation generally recognized principles and norms of international law and international treaties of the Russian Federation are part of the legal system of the Russian Federation. This provision gives rise to discussions in the science of international law.
The Charter of the United Nations (Article 1) fixes the main goals of international cooperation of states at the present stage, namely:
1. Maintain international peace and security and, to this end, take effective collective measures to prevent and eliminate threats to the peace, as well as to suppress acts of aggression or other breaches of the peace, and to pursue peaceful means in accordance with the principles of justice and international law to settle or resolve international disputes or situations that may lead to a breach of the peace.
2. Develop friendly relations among nations on the basis of respect for the principle of equal rights and self-determination of peoples, as well as take other appropriate measures to strengthen world peace.
3. To carry out international cooperation in solving international problems economic, social, cultural and humanitarian character and in the promotion and development of respect for human rights and fundamental freedoms for all without distinction as to race, sex, language, religion, etc.
The very content of these goals determines that they can only be achieved through communication between states in accordance with the principles of international law. Such international relations regarding the solution of economic, social, humanitarian and other problems determine the appearance of their regulator: legally binding rules, norms of behavior for the participants in these relations. There is a process of emergence of the norms of international law, which in turn regulate the relations of states and other subjects of international law among themselves.
At the beginning of the development of the subject of international public law, legal norms are often confused by the social relations that they regulate. It should be emphasized the fallacy of such a perception of legal norms not as a regulator, but as a subject of regulation. Such perceptions and such views can lead to the dissolution of law in factual relations. Understanding this is essential for mastering the science of law.
It is also worth emphasizing that the scope of international law is always narrow from the scope of the spread of international relations, significantly richer than the legal norms that govern. In general, law can only approach realities, but is never able to embrace them in their entirety. However, it is an effective regulator of international relations.
We use the term "international relations" in a broad sense. These are bilateral or multilateral relations between states, and various types of relations between states, international, intergovernmental organizations and power-like entities and other participants in international communication.
The process of mutual influence and interdependence of international relations and international law has been the subject of research in the theory of international law for quite a long time. So, at the end of the XIX century. Professor of Kiev University (St. Vladimir) A. Eichelman, when preparing his "Anthology of Russian International Law", noted that the international relations of Russia are determined by laws and treaties. And the Vienna Agreements of 1815 created the "system of European international relations" after the defeat of the Napoleonic army.
Thus, it becomes obvious definitions, the subject of international legal regulation are international relations:
International economic relations;
International cultural relations;
International political relations;
International social relations etc.
International relations regulated by the norms of international law are international legal relations, include the following types:
Relations between states - bilateral and multilateral, that is, covering the international community as a whole;
Relations between states and international intergovernmental organizations;
Relations between states and state-like entities;
Relations between international intergovernmental organizations;
Relations between states and other subjects of international law, etc.
Object of international law
To understand the essence of international public law, the question of its object is very important. This concept should not be confused with the object of law and legal relations that are within the internal competence of the state. For international law, only those phenomena are relevant for which sovereign states and other entities establish international relations.
The object of international law is everything about which the subjects of international law enter into legal relations on the basis of the principles and norms of international law.
Such an object can be:
material and intangible goods,
Action or refraining from action.
At the same time, material and non-material benefits, the interests of states inseparable from them, mean, for example, the general peace and security of peoples, mutually beneficial economic and other cooperation, and the cultural development of peoples. This list is not exhaustive.
For example, the main event of the state visit to Ukraine of the President Russian Federation was the signing by the presidents of the two states of the Treaty of Friendship, Partnership and Cooperation (May 31, 1997). The treaty contains norms on the status of the Black Sea Fleet on the territory of Ukraine. In this case, it is the parameters of the division of the Black Sea Fleet, mutual settlements and the conditions for its basing in Sevastopol that are the object of international legal relations between Ukraine and the Russian Federation.