International law

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ESSAY

on the topic: "International Law"

Introduction

At the present time, in today's world, when the interrelatedness and interdependence of States has acquired a truly universal character both in the circle of participants in the international dialogue, and on the subject of their relationship, is not in doubt the legitimacy and the vital need for the primacy of international law. The objective reality in which humanity has met XXI century, it is strongly required to provide such a priority for international law, which in no small measure should contribute to improving the efficiency and effectiveness of their accumulated general democratic potential.

1. System and principles of international law

International law - a system of international treaty and customary rules, created by States and other subjects of international law, aimed at maintaining peace and strengthening international security; establishment and development of a comprehensive international cooperation, which are provided in good faith implementation of the subjects of international law with its international obligations and, if necessary, and coercion undertaken by States individually or collectively, in accordance with the applicable rules of international law.

In a narrow (formal) sense of the sources of international law can be divided into major and minor.

Major all authors unanimously referred international treaties and international legal customs.

Under the subsidiary sources of international law are usually referring to documents (resolutions, declarations, etc.), Taken by international organizations, judicial (arbitration) decision, the views of the most prominent experts in the field of international law (the doctrine).

In the field of international law distinguish international public and international private law.

Private international law - a set of principles and norms of international law governing international relations in certain areas of economic and humanitarian cooperation of people (civil, genetic, scientific, technical, family-marital, financial and credit). Public international law governs relations between states.

Currently, no one doubts the validity of selection in international law as independent following industries:

the law of treaties;

law of international organizations;

diplomatic and consular law;

international maritime law;

international air law;

international space law;

international economic law;

the law of international security;

international environmental law;

international nuclear law.

The basic principles of contemporary international law - a fundamental, universal rules of international law to meet the laws of international relations of our time, provides superior interests of mankind, states and other subjects of international law and thus protected by the most stringent enforcement measures.

The principles of international law and are usually formed by treaty. They perform two functions simultaneously: help stabilize international relations and limiting their specific regulatory framework, and fix everything new that appears in the practice of international relations, and thus contribute to their development.

The basic principles of international law enshrined in the Charter of the United Nations. The most authoritative documents revealing the content of the principles of modern international law, is the Declaration on Principles of International Law concerning Friendly Relations and Cooperation among States in accordance with the UN Charter, adopted by the UN General Assembly on October 24, 1970, and the Declaration of Principles, that the participating States will Guiding Relations between contained in the Final Act of the Conference on Security and Cooperation in Europe on August 1, 1975 These principles include:

1. The principle of non-use or threat of force.

According to para. 4, Art. 2 of the Constitution, "all Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any State, or in any other manner inconsistent with the purposes of the United Nations."

The duty of non-use of force applies to all states, not just the states - members of the United Nations. The UN Charter prohibits not only the use of armed force, but with the naked violence, which has the character of unlawful use of force.

The use of armed force is the greatest danger, and n. 4 of Art. 2 of the Constitution it is, above all, to ban the use of armed force. The UN Charter provides for only two cases of legitimate use of armed force: in self-defense (Art. 51) and the decision of the UN Security Council in the event of threats to the peace, breach of the peace or act of aggression (Art. 39 and 42).

2. The principle of territorial integrity of states.

This principle protects the state's right to integrity and inviolability of its territory and is an essential means of ensuring the sovereignty of the state. It is enshrined in para. 4 of Art. 2 of the UN Charter. The concretization of this principle is given in the Declaration on Principles of International Law in 1970, where it is treated as part of the principle of the sovereign equality of States and as part of the principle of the nonuse of force or threat of force. The Declaration states: "The territorial integrity and political independence of the State are inviolable."

3. The principle of inviolability of frontiers.

The main content of the principle of inviolability of borders can be reduced to three elements:

recognition of existing borders as a legally established in accordance with international law;

the rejection of any territorial claims currently or in the future;

the rejection of any other infringements of the border, including the threat or use of force.

4. The principle of peaceful settlement of international disputes.

The source of the principle of the UN Charter (p. 3 Articles 2, 33-37), the Statute of the International Court of Justice, the charters of regional political organizations, the provisions of a huge number of international treaties governing relations between states different.

Taking into account the Declaration on Principles of International Law in 1970 and the Final Act of the European Conference in 1975 the content of this principle is as follows:

States have an obligation to settle disputes by peaceful means, in accordance with the provisions of the UN Charter;

States are free to choose peaceful means of settling their disputes;

if the use of peaceful means has not led to the solution of the dispute, the state must find other peaceful means.

5. The principle of sovereign equality of States.

This principle is enshrined in para. 1, Art. 2 of the UN Charter, the statutes of international organizations of the UN system, in the statutes of the vast majority of regional and international organizations, multilateral and bilateral agreements of states and international organizations.

6. The principle of non-interference in the internal affairs of States.

According to para. 7, Art. 2 of the UN Charter prohibits intervention in "matters which are essentially within the domestic jurisdiction of any state."

7. The principle of cooperation among States.

The principle is a form of practical implementation of all other principles of international law. It is not so much a right as a duty of all States to cooperate with each other. The UN Charter in the preamble and n. 3 of Art. 1 obliges UN member states "to achieve international cooperation in solving international problems of an economic, social, cultural or humanitarian character."

Declaration of Principles in 1970 follows determines the content of the principle:

States are obliged to cooperate with each other in various fields of international relations in order to maintain international peace and security and promoting international cooperation and the progress;

Cooperation between the organizations should be carried out regardless of differences in their political, economic and social systems;

States should cooperate in the promotion of economic growth throughout the world, particularly in developing countries.

8. The principle of good faith fulfillment of international obligations.

The most complete expression was the Vienna Convention on the Law of Treaties in 1969 and Art. 38 of the Statute of the International Court of Justice, which refers to the application along with the Scriptures, and also customary law. The principle is equal treatment of all norms of international law, regardless of their form of objectification.

According to para. 2, Art. 2 of the UN Charter, "all members of the United Nations faithfully fulfill its obligations under the present Charter to provide them all together the rights and benefits resulting from membership, the Organization."

According to the Vienna Convention on the Law of Treaties, "every treaty in force is binding upon the participants and must be performed by them in good faith." Moreover, "a party may not invoke the provisions of its internal law as justification for failure to perform a treaty."

Every State has the duty to fulfill in good faith the obligations assumed by it in accordance with the UN Charter, the obligations arising from the generally recognized norms and principles of international law and the obligations arising from international agreements valid under the generally recognized principles and norms of international law.

9. The principle of equal rights and self-determination of peoples.

In accordance with para. 2 of Art. 1 of the Charter of the United Nations one of the major objectives of the Organization is "to develop friendly relations among nations based on respect for the principle of equality and self-determination of peoples." This goal is in art. 55 of the Charter of the United Nations is closely connected with the task of raising living standards, the solution of international problems in economic, social, health, education, culture, human rights, etc.

In summary, the current content of the principle of equal rights and self-determination of peoples can be represented as follows:

all peoples have the right freely, without external interference, to determine their political status and to pursue their economic, social and cultural development;

All states are obliged to respect this right;

all States shall, by joint and separate shares to facilitate the implementation of peoples right to self determination, freedom and independence;

in their struggle for the independence of colonial peoples to use all necessary means;

It prohibits the subjection of peoples to a foreign country and use.

10. The principle of respect for human rights and fundamental freedoms.

This principle is enshrined in the Preamble, Art. 1 and 55 of the UN Charter. For example, in Art. 1 of the Charter as a goal the Organization refers to cooperation between them "in promoting and encouraging respect for human rights and fundamental freedoms for all without distinction as to race, sex, language or religion." According to Art. 55 of the Constitution, "the United Nations shall promote: a) higher standards of living, full employment, and conditions of economic and social progress and development... c) universal respect for and observance of human rights and fundamental freedoms for all."

The most complete of these general provisions of the UN Charter have been fleshed out in the Universal Declaration of Human Rights of 1948 and the two Covenants adopted in 1966.: International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights.

2. Main features modern international law

Arising simultaneously with the formation of international law in its establishment and development passed a complex way in accordance with the history of the existence and development of human society, of all earthly civilization in its complex totality. At the same time at different stages of development of international relations remained separate progressive norms and institutions, rejected and disappeared outdated and new, which, in turn, contributed to the further development and strengthening of a variety of international relations and the progressive development of international law.

The classic system of international law has evolved as a distinct sphere, coupled with the ordering of external relations. In the strict sense of international law is a set of legal norms established jointly by the state in order to regulate their mutual relations. But modern international law, in fact, claims to be the definition of common and universal principles of not only international relations, but also the policy as such, direct regulation of social problems, the broadest range of issues related to the development of all spheres of public life. Thus, it recognized the existence of some common, universal criteria and the strategic objectives of the development of mankind. This implies, in turn, a higher level of international legal regulation, the need to establish specific mechanisms to overcome the narrow limits of national sovereignty and reflect the new quality of the human community as a real-life social, spiritual, economic space. Such an approach has predetermined a fundamental change in the regulatory framework of international law.

Contemporary general international law reflected in the main set of values ??inherent in the civilization of the Western type. The specifics of the modern system of international law has led to the emergence of a fundamentally new kind of her standards - mandatory, created by the international community and to be performed in any state, regardless of the agreements and commitments. In case of violation of these rules occur universal relationship of responsibility, where not only those directly affected, but also any other country shall have the right to put in legal terms, the issue of responsibility of the offender. Deviation from the peremptory norms of the agreement impossible, even by individual states on their domestic relationship. Any contract that contradicts such standards will be invalid from the point of view of the international community. Thus, the mandatory right to create a legal basis of a new world order, overcoming the traditional concept of national sovereignty. Document formulated a concept of international law, the UN Charter and became Vienna Convention on the Law of Treaties 1969

A new quality of international law does not imply the rejection of the classical principle of sovereign independent states. In accordance with any state is free to choose its legal system and, in particular, determines the order of their relationship with the international rights. But the validity of the application of such charges as well as the definition of the offense, are the basis for overcoming national sovereignty is not only the prerogative of the international community, many of the countries that occupy a leading position in it.

So, coming to the moral norms of international law is very ambiguous process. Value of certain interpretations of human values with the interests of individual states, the values of a particular culture or ethno-national group - is an open question. The probability of conflicts with a peremptory international law and national interests of justice even in the relations between nations is quite large. Pointing to this fact, French President Charles de Gaulle declared: "It is clear that in this era of the state have to prevent the rejection of sovereignty, when they find themselves faced with the need to resolve a few common cases. But it is permissible in cases where it is a well-defined and limited problems. " Such a limitation of sovereignty, he assumed only in the framework of supranational international organizations in the image of the European Union, but not the entire world community.

international law diplomatic consular

Conclusion

Cooperation of States in the world community has never been and is not a chaotic, spontaneous and haphazard. It has always been determined by both objective and subjective factors. Since the beginning of their first entry into communication with each other there is a need to determine their mutual rights and obligations, brought to life by a system of international law.

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