Consider the content of the basic principles of public international law.
The principle of non-use or threat of force. In international affairs in the absence of supranational government power is held by the subjects themselves. In such conditions – the only way out – to establish a legal framework for the use of force. As the main objective of the UN Charter established: to save succeeding generations from the scourge of war, to adopt the practice, according to which armed force shall not be in the common interest. The UN Charter provides for the use of force or threat of force only in two cases. First, to address the UN Security Council in case of threat to peace, breach of the peace or act of aggression (Chapter VII). Secondly, in exercise of the right to self-defense if an armed attack until until Sat not take the necessary measures to maintain international peace and security (st.51). The UN has repeatedly taken the documents that disclose the content of this principle. Deserves special attention Declaration on strengthening the effectiveness of the principle of refraining from the threat or use of force in international relations in 1987
Disclosure of the principle of non-use of force is incidental to the definition of the essence of the concept of aggression. According to the UN General Assembly in 1974 definition of aggression, it is the use of armed force by a State against the sovereignty, territorial integrity or political independence of another State. Use of other than military means (economic, political) can be characterized as the use of force, if its influence and the results are similar to military action.
In the normative content of the principle of non-thus by definition includes a prohibition: the invasion or attack, Sun State of the territory of another state, military occupation, full or partial annexation of the territory, the use of any weapons by one state against another, even without the invasion, acts of an attack by one State Sun on Sun another, use Sun one State which are in agreement with the host country on its territory, in violation of the conditions stipulated in the agreement, the continuation of the stay of aircraft on foreign soil after the termination of the agreement on their presence, actions of states that allow that provided to them at the disposal of another States territory to be used for the latest acts of aggression against a third State; infiltration of armed bands, groups, and regular forces or mercenaries in the territory of another state to use armed force against him. Violation of the principle of not using force should also take violent actions against international lines of demarcation, armistice lines, blockade of the ports or coasts of a State, any violent action to prevent the peoples from exercising their legitimate right to self-determination.
In the definition of aggression is emphasized that no considerations of any kind can not serve as justification for aggression including the so-called “Preventive defense”).
Based on this principle, the UN General Assembly condemned the Soviet invasion of Afghanistan in 1979, the U.S. invasion of Cambodia in 1970, in Grenada and Libya in 1983, in Panama in 1989
The principle of peaceful settlement of disputes. In accordance with the UN Charter (Clause 3, Article 2) Declaration on Principles of International Law in 1970 formulated the principle as follows: “Every State shall settle their international disputes with other States by peaceful means in such a way as not to endanger international peace and security and justice. ” From this it follows that the main framework of this principle is used only peaceful means of resolving disputes and maintaining at this state of peace in the world community. With regard to the specific means, then here in the States remains a wide choice.
Normative content of this principle has in recent years under the close scrutiny of experts of the CSCE. Meeting in Valletta (Malta, 1991) recommended that the parameters of a pan-European system of peaceful settlement of international disputes. Outcome, in particular, provides for the establishment of a special body – the CSCE Dispute Settlement “, which can be used at the request of either party to the dispute and acts as a mediating body.
The principle of respect for human rights. With regard to the development of the principle adopted by a large number of international instruments, among them the UN Charter, the Universal Declaration of Human Rights 1948, the two Covenants on Human Rights in 1966 (on Civil and Political Rights and on Economic, Social and Cultural Rights); Convention on the Prevention and Punishment (1948), on the Elimination of All Forms of Racial Discrimination (1966) on Elimination of All Forms of Discrimination against Women (1979), on the Rights of the Child (1989) and etc.
Analysis of the international acts can whitewash the main provisions of the principle of respect for human rights:
* Recognition of the inherent dignity of all members of the human family, as well as their equal and inalienable rights is the foundation of freedom, justice and peace;
* State has the duty to promote through joint and separate action universal respect for human rights and fundamental freedoms in accordance with the UN Charter;
* Human rights should be protected by the rule of law that will ensure peace and order, people will not be compelled to have recourse as a last resort, to rebellion against tyranny and oppression;
* The State shall respect and ensure to all individuals within its jurisdiction the rights and freedoms without distinction of any kind on any grounds;
* Everyone has duties to other individuals and to society and the state, to which he belongs;
* State is obliged to adopt legislative and other measures necessary to ensure that internationally recognized human rights;
* State is obliged to guarantee to any person whose rights have been violated have an effective remedy;
* State is obliged to ensure the right person to know their rights and act in accordance with them.
The principle of sovereign equality. This principle means that each state is obliged to respect the sovereignty of other participants in the system, that is their right to exercise within their own territory legislative, executive, administrative and judicial powers without any interference from other states, as well as independently conduct its foreign policy. Sovereign equality, which follows from the definition of par in parem non habet potestatem (equal over equal power has not), now is the basis of interstate relations, as reflected in Clause 1, Article 2 of the UN Charter: “The organization was founded on the principle of sovereign equality of all its members. ” First of all, this means that all norms of international law apply to all states equally, regardless of different political, economic and other features.
According to the Declaration in 1970 the concept of sovereign equality includes the following elements:
* States are juridically equal;
* Each State enjoys the rights inherent in full sovereignty;
* State has the duty to respect the personality of other States;
* The territorial integrity and political independence of the State are inviolable;
* Each State has the right freely to choose and develop its political, social, economic and cultural systems;
* Each state is obliged to fully and faithfully comply with its international obligations and to live in peace with other nations.
The Final Act of 1975 states in addition assumed the obligation to respect the rights inherent in sovereignty, ie respect the differences in development, a variety of positions, domestic laws and regulations, etc.
Despite the fact that the formal legal status of all of the same, still remains the de facto inequality, which resulted in the great state have more mechanisms to influence the process of international norm-setting.
The principle of noninterference in internal affairs. To understand the essence of this principle is important to disclose the definition of “domestic jurisdiction”, as stipulated in paragraph 7 of Article 2 of the UN Charter. This definition is relative and a clear definition and boundaries do not matter. Meanwhile, the intervention considered any action of States or international organizations with which the last attempt to prevent the subject of international law to decide matters which are essentially within its domestic jurisdiction, except for the use of coercive measures in cases of threats to peace, breaches of peace, an act of aggression. The state can not arbitrarily attributed to its competence any questions.
Nevertheless, the intervention can be direct or indirect. Direct interference means blatant coercion (military, economic, political, etc.) one State to another to subjugate his will address some or all of the issues related to domestic jurisdiction. Indirect intervention – a kind military, economic and other measures, which are carried out not by the State and persons or entities under their control.
The principle of territorial integrity and inviolability. This principle was identified as independent CSCE Final Act in 1975 The first part of the principle (territorial integrity) means the inadmissibility of the illegal subdivision of the state. separation from his parts, occupation, etc. The second part of (territorial integrity) means a broader concept, encompassing not only the case of rejection, but also other types of attacks, such as assault, which does not set the goals of acquisition of territory, the transit of any vehicle without the permission of the territorial sovereign, the development of foreign persons or countries natural resources without the permission of the sovereign, and so Acquisition of Territory in consequence of violation of this principle to be unlawful.
The principle of inviolability of borders. This principle was first clearly articulated in the CSCE Final Act in 1975 and now can be considered as an additional principle to the principle of respect for territorial integrity. It means:
* Recognition of existing borders as a legally established in accordance with international law;
* Rejection of any territorial claims on the present or in the future;
* Rejection of any attack on these boundaries, including the threat or use of force.
Encroachment on state borders means unilateral actions or claims to their change in position of the boundary, its legal registration or the actual situation of the boundary line on the ground.
The principle of inviolability of borders is the point of contact with the principle of inviolability of state borders. From the latter follows the State’s duty to prevent illegal border crossing with another State, as well as the right to control the movement across the border. Could also be argued that the principle of inviolability of borders is more regional in nature, as recorded in the regional document – the CSCE Final Act.
The principle of equality and self-determination of peoples. The content of this principle, first disclosed in the Declaration of 1970: “Creating an independent state, free association with an independent state or unification with him, or any other political status freely determined by a people constitute modes of implementing these people’s right to self-determination.” Initially, this principle was conceived in close connection with the broader processes of decolonization in the second half of this century. Now take into account the factor of territorial integrity. Thus, this principle should be understood as a very subtle relationship demands self-determination and integrity that is achieved only in a stable society. However, as the imperative are two requirements for the already established states:
* State has the duty to refrain from any forcible action which deprives peoples of their right to self-determination;
* State has the duty to refrain from any action aimed at the partial or total disruption of territorial integrity and unity of any state.
The principle of cooperation. It was first formulated in the Declaration of 1970 requires States to cooperate with each other regardless of differences in their political, economic and social systems in the following areas: peace and security, universal respect for human rights, implementation of international relations in the economic, social, cultural, technical and trade fields in accordance with the principles of sovereign equality and non-interference, cooperation with the UN and the adoption of measures under its Charter, to promote economic development throughout the world, especially in developing countries. How has the nature of ideas, because you can not oblige the State to cooperate.
The principle of good faith fulfillment of obligations under international law. This principle is asserted together with international law and that within it is a source of legal validity of WFP, as the only ways to create legally binding norms for sovereign states is their agreement. The Declaration of 1970 contains a hierarchy of obligations: obligations under the UN Charter, the obligations arising from the generally recognized principles and norms of WFP commitments to agreements valid under these principles and norms. Final Act in 1975 added to this understanding of a principle that in exercising their sovereign rights, including the right to determine their laws and administrative regulations, the State must comply with their obligations under international law. In accordance with this Law on international treaties of Russia in 1995 states: “The Russian Federation calls for strict observance of the treaty and customary rules, which reaffirms its commitment to the fundamental principle of international law – the principle of good faith of obligations under international law.”
The general principles as a foundation for the entire system of WFP, permeate the rest of her strukutroobrazuyuschie elements. The system, WFP is divided into categories – large blocks of international legal institutions and rules governing, more or less separate international relations, characterized by qualitative distinctiveness. Each branch in addition to being guided by general principles of WFP, has its “own” principles. For example, in space law, the principle of prohibition of national appropriation of outer space, etc. The division into sectors, WFP is still a subject of scientific dispute, and therefore appears quite rough: the law of treaties governing the procedure for the conclusion, execution and termination of international treaties, law of international organizations, regulatory agencies and the activities of intergovernmental organizations. In addition to these branches are entitled to international security, international humanitarian law, diplomatic and consular law, international maritime law, international air law, international space law, international criminal law, international economic law, international nuclear law, international environmental law, international law of armed conflicts.
Industries WFP, in turn, are composed of more simple structures – sub-sectors and institutions. Subsector usually governs a particular relationship in a specific situation, or relationship between two or more branches of the WFP. Examples are the two sub-sectors of international humanitarian law – humanitarian law in times of peace and humanitarian law during armed conflicts. In this case, the subject of the issue remains unchanged – to promote and protect human rights, but conditions change the subject matter.
International Law Institute – a group of international rules governing more or less homogeneous relations. In this case, however, the relative ¬ ment, are the subject of regulation of the institute, although different qualitative uniqueness, allowing them to distinguish from the mass of other, “fall short” to the status of industry. As an example of citizenship in humanitarian law, the institution of recognition, or succession, etc.
Primary cells WFP are his rules. Taking the number of important criteria can be implemented the following classification. International legal rules are:
* On the content and place in the system – for the purposes, principles and norms;
* In scope – the universal (global action, with a universal binding force and are the basis of common law), regional (possessing regional specificity and serving as a source for the development of global standards), and private papers (local, extended to the limited number of participants, most its – the bilateral relations);
* Legal force – for the mandatory (do not admit any deviation from the universal norms, even by agreement between the States and does not contradict the validity of custom and treaty) and permissive (allowing for derogation by agreement in rela ¬ tions of the parties);
* The functions in the system – the material (containing the specific rules of conduct compulsory subjects WFP) and procedural (processes governing the creation and implementation of international law);
* On the way to create and form of existence, ie according to the source – the usual (judicially-created based on the acquiescence of), treaty (created on the basis of interstate written agreement), the rules of decisions of international organizations (helper).
A distinction also “hard” and “soft” rules of WFP. Second, unlike the first, do not produce clear rights and duties, but only provide a general setting, which nevertheless entities are obliged to follow. For such rules are typical formulations such as “seek,” “seek,” “take the necessary measures,” etc.