The concept of international law main features. The concept of international law, its main features and features

Peculiarities:

International criminal liability individuals.

Individuals (citizens of states and stateless persons) who have committed international crimes, criminal offenses of an international character and other international offenses (international delicts) may be brought to justice. criminal liability in accordance with applicable international treaties providing for penalties for such offenses, as well as the national legislation of the state of which they are citizens or in whose territory they permanently reside. For certain crimes, such as piracy or aircraft hijacking, individuals may be prosecuted under the laws of the state of the hijacking pirates or aircraft hijackers. The provisions of the Convention on the non-applicability of the statute of limitations to war crimes and crimes against humanity of 1968, conventions providing for the extradition of criminals for certain types of crimes (for example, for hijacking an aircraft), conventions concluded by states on the provision of legal assistance on criminal, family and civil affairs. The main principle that practically all states adhere to is the inevitability of punishment for an international offense committed, especially for international crimes that affect the vital interests of most states or the entire international community.

In the mid-1990s, in order to bring individuals to criminal responsibility, the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law was established. These tribunals are authorized to prosecute individuals responsible for murder, extermination, enslavement, deportation, imprisonment imprisonment, torture, rape, political, racial or religious persecution and other inhumane acts .

An international conference on July 17, 1998 in Rome adopted the Statute of the International Criminal Court. The Court's jurisdiction is limited to the most serious crimes of concern to the entire international community. In accordance with Art. 5 of the Statute, the Court has jurisdiction over the following crimes:

a) the crime of genocide.

b) crimes against humanity;

c) war crimes;

d) the crime of aggression.

3 Wednesday Nuclear Test Ban Treaty 1963

The Treaty on the Ban on Tests of Nuclear Weapons in the Atmosphere, Outer Space and Under Water (also known as the Moscow Treaty) was signed on August 5, 1963 in Moscow. The parties to the treaty were the USSR, the USA and Great Britain. The treaty entered into force on October 10, 1963 and was open for signature by other countries from August 8, 1963 in Moscow, Washington and London. The depositaries of the Treaty are the USSR ( the Russian Federation), USA and UK. There are currently 131 States parties to the Treaty.

The limited test-ban regime introduced by this Treaty was expanded to an unconditional framework by the Comprehensive Nuclear-Test-Ban Treaty of 1996, which, however, has not been signed or ratified by some nuclear powers and other countries.

Correlation between international and domestic law.

The essence of MP is revealed in its comparison with domestic law.

Both legal systems have many common features and differences.

Similarity:

1) Represent a set of legal entities. norms and principles binding on the subjects of MP

2) Have a similar structure (principles, industries)

3) Use the same legal entities. constructions and definitions

Differences:

1. Two legal systems differ in the object of regulation:

MP - public relations, exclusively involving a public foreign element.

Domestic law - regulates with the participation international aspects only including.

2. The subjects of the MP are states, nations and peoples fighting for state independence, international organizations, state-like formations

Domestic law - physical. and legal faces

3. According to dominant sources:

MP - custom, contracts

Domestic law - NLA in the form of law

4. By the way of creating legal norms.

The norms of national law are most often created as a result of unilateral state-imperious activity; mainstream legal regulation- "vertical", "top - down". The addressees of the norms of domestic law in most cases do not participate in their creation.

Norms international law, on the contrary, are created "horizontally", by its subjects on the basis of the free will of the participants in international communication.

5. According to the method of ensuring the implementation of the norms.

The norms of domestic law are provided by the coercive power of the state.

V international relations there is no formation standing above all subjects of international law, a “superstate”, therefore, enforcement of international legal norms is carried out by the subjects of international law themselves (individually or collectively).

Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction, 1993

The main obligation of the convention, imposed on its participants, is a ban on the production and use of chemical weapons, as well as the destruction of all their stockpiles. The Convention also provides for the systematic control of military chemical production facilities and investigations into allegations of production and use of chemical weapons. By August 2010, 188 states are parties to this convention and 2 more countries have signed but not yet ratified it

Key points of the Convention

Prohibition of the production and use of chemical weapons

Elimination (or use for other purposes) of chemical weapons production facilities

Destruction of all stockpiles of chemical weapons (including stockpiles located outside the territory of the state)

Mutual assistance between states and interaction with the OPCW in the event of the use of chemical weapons

OPCW inspections to control the production of chemicals from which chemical weapons can be made

· International cooperation in the peaceful use of chemicals in relevant areas

Subjects of modern international law. Content and their legal personality.

The subjects of international relations are participants in international relations, established norm rights with international rights and obligations.

MP subjects:

a) States

b) Nations and peoples conducting international armed struggle in self-determination and exercising powers

c) International intergovernmental organizations

d) State-like entities

They are characterized by attributes of an attributive nature:

1. International legal personality (international legal capacity and international legal capacity)

international legal capacity is the ability of an IL subject to have subjective rights and bear legal obligations. All subjects of MP have contractual legal capacity.

international legal capacity - the exercise by the subject of international entrepreneurship independently of their rights and obligations.

Legal personality:

1) General - the ability of participants to be the subject of the MP as a whole

2) Industry - the ability to be a party to international legal relations in a certain area of ​​interstate relations

3) Special - the ability to be participants in a certain range of legal relations within a certain branch of international law

The international legal personality of a state does not depend on the will of other participants in international relations. The very fact of the emergence of the state gives rise to it international legal personality. Unlike other subjects of international law, states have universal legal capacity, that is, the ability to have rights and bear obligations in all spheres of international life.

2. Sovereignty

The sovereignty of a subject of international relations is understood as its certain independence from other subjects of international relations in the adoption and implementation of a particular decision on issues of international life.

3. International subjective rights and legal obligations

The basic rights and obligations can be divided into two groups: the basic general subject rights inherent in all categories of subjects, and the basic subject-species rights inherent in a certain category of subjects.

The subjects of international law, depending on their legal nature and origin, are divided into two categories: primary and derivative (secondary). Sometimes they are called sovereign and non-sovereign.

42. Crimes entailing the extradition of criminals. Legal grounds (rules) for the extradition of criminals (extradition).

In international law, two types of extradition of a criminal are distinguished: extradition for criminal prosecution and extradition for the execution of punishment.

The extradition of criminals (extradition) is understood as the transfer of persons who have committed crimes (criminals) from one state (requested) in whose territory they are located to another state (requesting) in whose territory the crime was committed or whose citizen the criminal is. The legal grounds for the extradition of criminals are:

1) multilateral agreements to combat certain types crimes. In such cases, the Contracting Parties undertake to extradite in accordance with their legislation and existing agreements»;

2) multilateral conventions on the provision of legal assistance in criminal matters. “The Contracting Parties undertake, in accordance with the conditions provided for by this Convention, upon request, to extradite to each other persons who are in their territory for criminal prosecution or for the execution of a sentence”;

3) bilateral agreements on legal assistance in criminal cases or on the extradition of criminals.

4) national legislation.

legal basis the fact of committing a crime serves to extradite a criminal. International treaties (both multilateral and bilateral) clearly define the categories of extraditable crimes.

Extradition for the execution of a sentence has the same normative grounds as the extradition of criminals for criminal prosecution. In particular, these are the Convention on Legal Assistance and legal relations on civil, family and criminal cases of the CIS member states, as well as the Convention on the transfer of persons sentenced to deprivation of liberty to serve their sentence in the state of which they are citizens, 1978, signed by the former socialist states, including the USSR.

The legal basis for extradition is a sentence pronounced by a court of the requested State against a national of the requesting State. Moreover, extradition for enforcement of the sentence is carried out for such acts, which, firstly, in accordance with the legislation of both states are punishable and, secondly, for which the person was sentenced to imprisonment.

The transfer of a convicted person to serve a sentence may take place only after the entry into force of the sentence. The punishment is served on the basis of a sentence of a foreign court. Moreover, in relation to a person transferred to serve a sentence in the state of which he is a citizen, the same legal consequences conviction as for all other persons convicted in that state for the commission of such an act.

Succession and its types.

Succession - the transfer of rights and obligations from one subject of legal relations to another. In this case, the successor takes the place of his predecessor in all legal relations to which succession applies. There are universal (general) and singular (private) succession.

In the case of universal succession, the successor takes the place of his predecessor in all legal relations, except for those in which succession is not permitted by law. Typical examples of universal succession are inheritance (right) and succession in the reorganization of legal entities.

For example, when joining one legal entity to another, the merging entity is considered to be reorganized (Article 57 Civil Code RF), and all its rights and obligations are transferred in full to the person to which it is attached.

When accepting an inheritance, the rights and obligations of the testator shall be transferred to the heir(s) in full. An inheritance cannot be accepted in part.

In the case of a singular succession, the successor takes the place of the predecessor only in the part of those legal relations to which the succession applies. For example, in the case of assignment of a right (claim), the rights and obligations of the creditor arising from the corresponding obligation are transferred to another person.

Examples of singular succession are, also, transfer of debt, testamentary refusal, etc.

The concept of international law as a legal system and its features.

MP is a special legal system that regulates international relations through legal norms created by a fixed (contract) or tacit expression (custom) of consent between them and provided by coercion, the form, nature and limits of which are determined in international agreements.

International Law is a special legal system, a set of contractual and customary norms used by subjects of international law for international communication.

Peculiarities:

The main feature of international law is that it regulates exclusively intergovernmental relations between states.

International law operates only in relations between states as such. Here the ancient Roman postulate is involved - par in parem non habet imperium (an equal has no power over an equal).

Another feature of the system of international law is the absence in it of any supranational apparatus for coercion to comply with legal requirements. Separate exceptions to this rule appear only in the 20th century (for example, in the form of sanctions based on decisions of the UN Security Council).

International law has a conciliatory nature - in the system of international law, normative prescriptions for the behavior of states cannot arise except as a result of voluntary consent between the subjects of international relations themselves (conciliation character).

International law is a system of legal norms governing interstate relations. Members of the latter may be:

state-state

State-international organization

international organization-international organization

Non-state relations include relations between individuals and legal entities (however, this has nothing to do with our diocese). In general, international law is the same as public international law. The main principle of m.s. is the principle of the sovereign equality of states.

Features of m.p.:

Regulates only interstate relations

There is no single legislator (that is, the subject, that is, a single source of law). Subjects m.p. they themselves create and regulate the norms of m.p. International law does not law enforcement system, that is, the apparatus of coercion to comply with the norms. Therefore, the states themselves maintain the international legal order.

The essence of international law lies in its conciliatory nature: so, each provision of m.p. is the result of an alignment of interests and is always a compromise.

Question 2. Functions and system of international law.

m.p. functions the following can be distinguished:

Social (strengthening the existing international system by maintaining international law enforcement)

Legal (legal regulation of interstate relations)

Internationalization function (expansion and strengthening of interaction between states)

The system of international law is a set of interrelated principles and norms that regulate international legal relations. The system of international law includes, on the one hand, general legal principles and legal norms, on the other hand, industries as homogeneous complexes of norms and intra-industry institutions.

Thus, the system of international law can be divided into the following categories:

1) generally recognized principles of international law, which form its core and are of fundamental importance for the international legal mechanism for regulating relations;

2) norms of international law, which are generally binding rules of relations between states or other subjects of international law;

3) institutions common to international law, which are complexes of norms of a certain functional purpose. Institute of International Law on international legal personality, on international law-making, on international responsibility, on the succession of states;

4) branches of international law, which are the largest structural divisions of the system of international law and regulate the most extensive areas of public relations.

Question 3. The main stages in the formation of international law

Periodization of the history of international law:

1. prehistory of international law (from ancient times to the end of the Middle Ages);

2. classical international law (from the end of the Middle Ages to the Statute of the League of Nations);

3. transition from classical to modern international law (from the Statute of the League

Nations to the UN Charter);

4. modern international law - the law of the UN Charter.

ancient ages. The subjects of interrelations were not states, but their

rulers. Agreements have become widespread. They served

implementation of not only external, but also internal functions.

Claims that international law existed in the ancient world,

yavl mainly the result of the transfer of modern ideas in

completely different conditions. They judge by the form, ignoring the essence of the phenomenon. In spite of

cruelty of morals between ties, the accumulated experience was essential

for the future of international law. It has been shown that it is possible

normative regulation of interstate relations. Forms have been developed

normative regulation - customs and contracts. The latter in form are few

different from the current international law treaties.

Middle Ages (VI-XVI centuries).

Despite some peculiarities, in all regions there were more or less

the same methods and level of regulation of interstate relations. All regions

contributed to the development of common practice. However, due to

historical conditions by the main region where the ground was prepared for

creation of international law, turned out to be Europe.

In general, the Middle Ages contributed to preparing the ground for the creation of an international

rights. The main thing was that it convincingly demonstrated

the destructiveness of lawlessness both for intrastate and for international relations. Was

some experience of non-legal normative regulation of interstate relations has been accumulated,

and the significance of the formation of the customs of maritime trade should be especially noted.

Classical international law.

Origin. The idea of ​​international law was formulated in the works of lawyers on

at the turn of the XVI-XVII centuries. Among them, the most prominent was a Dutch jurist,

theologian, diplomat Hugo Grotius. In his work "On the Law of War and Peace" he for the first time

substantiated in detail the existence of “right, the cat determines the relationship between

nations and rulers. In the practice of state-in, he does not find evidence

the existence of such a right, so he looks for its sources in nature, God,

morals. However, he admits that “certain rights could arise by virtue of

mutual agreement both between all the states, and between the majority of

Classical international law began to take shape at this time. A doctrine arose

international law. An inter-rights consciousness began to take shape. A significant number of international

norms began to be regarded as legal. Increasingly yur argumentation

used by diplomacy.

Development (1789-1919). A big step forward in the development of international law has been made

Great French Revolution. The foundations of French foreign policy were

proclaimed "universal peace and the principles of justice", the rejection of any war with

purpose of conquest. Napoleon brought everything to naught. But progress could not be stopped.

With the development of mail, telegraph, railway communication, the question of their international rights became acute.

regulation. In 1874, an act was signed establishing the Universal Postal

Union, the cat established the free transit of letters and parcels through the territories

participants. In 1875, a convention on the Telegraph Union was adopted. In 1890

is a multilateral railway convention.

International law has become a necessary regulator of a significant amount of international relations.

The standard material was accumulated, the beginnings of international rights of consciousness were laid. There have been

shifts in national law, the cat, for example, secured privileges

foreign diplomats, established the rights of the regime of foreigners.

Transition from classical to modern international law (1919-1946). In 1919

the victorious powers decided to create the League of Nations and adopted its statutory document

Statute. The first general political organization was established to

to ensure peace and cooperation between states. On the development of the mechanism of international rights

regulation will be witnessed by the provision of the Statute, which included among the issues to be

arbitration or judicial resolution, all international disputes. According to

The Permanent Court of International Justice was established by statute in 1922 - the first

permanent inter-court.

An important step towards modern international law was the adoption in 1928 of

The Paris Pact on the renunciation of war as an instrument of national policy.

At the Anglo-Soviet-American Conference of 1943 in Moscow, it was decided

decision on the need to establish a general international organization based on

principle of sovereign equality. In June 1945 the United Nations conference

in San Francisco adopted the UN Charter, which laid the foundation for modern international

Modern international law. The foundation of modern international law was laid

UN Charter. Politically, the provisions of the Charter reflected new thinking. The basis

between law was laid the principle of cooperation. He ordered the renunciation

dominating for centuries the concept of the domination of force and its replacement

the concept of the rule of law. One of the most typical features of modern international law is

affirmation of human rights. The charter defined the general goals and principles of international

rights, the cat are the main system-forming factors. From the set of norms

law has become a system based on common goals and principles. Significantly

changed the mechanism of functioning of international law. Creation of a developed system of international

organizations led to the institutionalization of the process of lawmaking and

enforcement.

1. Concept, essence of international law and its features.
International law is a system of legal principles and norms regulating relations between peoples and states and defining their mutual rights and obligations. International law was formed regardless of the desire of a particular person or a separate social group or social stratum, etc., but as a result of objective social processes caused by the need to establish international communication. The peculiarity of international law is that its norms are created as a result of an agreement between independent and equal subjects of international law - sovereign states. . The norms of international law are contained in bilateral and multilateral interstate treaties, and are also formed in the form of international customs. International treaty and international custom are the main sources of international law.
2. MP sources and their characteristics.
Sources of MP are divided into 2 groups: 1 main sources: contracts, customs; 2 auxiliary: - general principles of law, which are recognized by civilized peoples; - court decisions; - doctrine (scientific development); - unilateral action of state TV (example: the state adopts a law on foreigners and determines the status of a foreigner); - statements of heads of state-tv, heads of governments; - joint statements by state TV. Int. custom - a rule of conduct that has developed in international practice, for which the subjects of the MP recognize a legally binding character. Int. contract - an agreement between the subjects of MT regarding the establishment, change or termination of their mutual rights and obligations

An international treaty is an agreement between the subjects of the MP, regulated acc. The norms of the general MP
Intern. The custom is reflected in the correspondence of state-in
Acts of international Organizations
Acts of international Court.organs
Acts of international conferences

3. Norms of international law and their classification.
A norm of international law is a formally defined rule created by an agreement of subjects that establishes rights and obligations for them and is provided by a legal mechanism. Their specificity is determined by the fact that they are elements of a special legal system. The specificity of international legal norms and their system affects their design. The main thing is that most of the norms contain only a disposition, and the sanctions are determined by the system as a whole. Specific countermeasures in case of violation of the norms may be provided for in separate treaties. Being general rule, the norm cannot represent the optimal solution for all cases, but rather it serves as a starting point for this.
classification of international legal norms:

in terms of content and place in the system - goals, principles, norms; b) by scope - universal, regional, particular;
by legal force - imperative and dispositive;
by functions in the system - material and procedural;
according to the method of creation and form of existence, i.e., according to the source, - ordinary, contractual, norms of decisions international organizations

II class. According to the form, documented, not documented.

According to the subjective-territorial sphere, activities are universal, local
By functional purpose - regulatory, protective
By the nature of subjectivity - binding (mandatory), prohibiting, empowering (dispositive)

4. Concept, features and classification of the basic principles of MP.
Basic principles of international law. The principles of international law, which occupy a special place in the system of norms of international law, are the most important, general and fundamental among them. They are universally recognized, have the highest legal force (they are imperative norms of jus cogens, that is, they cannot be changed by agreement of the subjects of international law), and therefore have a universal scope. The basic principles of international law should not be considered separately, but taking into account their interdependence and complex nature.
The principle of the sovereign equality of states. This principle was enshrined in Clause 1, Article 2 of the UN Charter, the Declaration of Principles of International Law, and the Final Act of the Conference on Security and Cooperation in Europe. States are obliged to respect the sovereign equality and uniqueness of each other, as well as all the rights inherent in state sovereignty, in particular, the right of each state to legal equality, to territorial integrity, to freedom and political independence.
The principle of non-use of force or threat of force. This principle was enshrined in paragraph 4 of Article 2 of the UN Charter, the Declaration of Principles of International Law, the Final Act of the Conference on Security and Cooperation in Europe. States are obliged to refrain from the use of force (or the threat of force) in international relations for purposes inconsistent with the UN Charter. International law knows only two grounds for the lawful use of force in international relations provided for by the UN Charter: By decision of the UN Security Council, to maintain or restore international peace and security (Article 42 of the UN Charter); In order to exercise the state's right to individual or collective self-defense, if the state was subjected to an armed attack, with immediate notification of the UN Security Council (Article 51 of the UN Charter).
Principles of territorial integrity and inviolability of borders The principles of territorial integrity and inviolability of borders are enshrined, in particular, in the Final Act of the Conference on Security and Cooperation in Europe, and follow from the universally recognized principles of the sovereign equality of states, the non-use of force (threat of force) in international relations. States are obliged to refrain from any demand or action aimed at the seizure and usurpation of part or all of the territory of another state.
The principle of peaceful settlement of disputes.
The need for a peaceful settlement of disputes between states is enshrined in paragraph 3 of Article 2 of the UN Charter, the Declaration of Principles of International Law, the Final Act of the Conference on Security and Cooperation in Europe.
The principle of non-interference in internal affairs.
Interference in the internal affairs of states is not allowed on the basis of paragraph 7 of Article 2 of the UN Charter, the Declaration of Principles of International Law, the Final Act of the Conference on Security and Cooperation in Europe.
In the Declaration of Principles of International Law, in particular, it is noted that no state can either apply or encourage the use of economic, political measures or measures of any other nature with the aim of achieving the subordination of another state to itself in the exercise of its sovereign rights and obtaining from it any whatever the benefits; assistance in the implementation of armed and subversive activities aimed at changing the system of another state, interference in the internal struggle in another state is prohibited. In other words, interference means the actions of one state, affecting issues referred to the exclusive jurisdiction of another state, without the consent of the latter.
The principle of respect for human rights in international relations.
This principle, arising from the humanistic orientation of modern states, the goal of international cooperation, outlined in paragraph 3 of Article 1 of the UN Charter, is enshrined, in particular, in the Final Act of the Conference on Security and Cooperation in Europe.
States have an obligation to respect recognized human rights and fundamental freedoms, including freedom of thought, conscience, religion or belief, for all without distinction as to race, sex, language or religion.
The principle of equality and self-determination of peoples.
The principle of equality and self-determination of peoples is mentioned in paragraph 2 of Article 1 of the UN Charter, developed in the Declaration of Principles of International Law and the Final Act of the Conference on Security and Cooperation in Europe. By virtue of the principle of equality and self-determination of peoples, all peoples of the Earth have the right to freely determine, without interference from outside, their political status and carry out their economic, social and cultural development.
The principle of interstate cooperation.
International cooperation is one of the goals of the UN activities (clause 3, article 1 of the UN Charter), designated as a principle of international law, in particular, in the Declaration of Principles of International Law and the Final Act of the Conference on Security and Cooperation in Europe. States have an obligation to cooperate with each other, regardless of differences in their political, economic and social systems, in various fields of international relations with a view to maintaining international peace and security and promoting international economic stability and progress, the general welfare of peoples and international cooperation free from discrimination that fundamentally such differences.
The principle of conscientious fulfillment of obligations under international law.
The principle of faithful fulfillment of international obligations is fundamental in international law, which is reflected, in particular, in the relevant provisions of the Declaration of Principles of International Law and the Final Act of the Conference on Security and Cooperation in Europe.
Classification.
1 according to the form of fixing - written, ordinary (customs)
2 on a historical basis - pre-statutory, statutory, post-statutory
3 in order of importance of protected interests - protection of human interests; states
4 on the object of cooperation - ensuring peace and security, protecting human rights, cooperation

5. Subjects of international law. Concept, types.
Participants in international relations who have rights and bear obligations directly arising from the international legal order are among the subjects of international law. The subject of international law is an active or potential participant in relations that are regulated by the rules of international law.
Only the subjects of international law participate in the formation and maintenance of the international legal order; their exclusive competence includes the creation and implementation of the norms of international law, as well as the implementation of enforcement measures for their execution through various forms of international legal responsibility.
The subjects of international law are usually divided into two main categories:
1) the main (primary or sovereign) - states, and under certain circumstances, also peoples and nations fighting for self-determination, which are evolving towards acquiring their own statehood. Primary subjects are independent and self-governing entities, which already by virtue of their existence (ipso facto) become bearers of international rights and obligations. Their legal personality is not determined by someone's external will and is objective;
2) derivatives - international intergovernmental organizations, the specificity of the legal nature of which is expressed in the fact that they, as subjects of international law, are generated by the will of states that have fixed their decision in the constituent act; state-like entities (limited legal capacity)
6. The state as the main subject of international law, its rights and obligations.
States are the main subjects of international law; international legal personality is inherent in states by virtue of the very fact of their existence. States have the following features: apparatus of power and administration, territory, population and sovereignty.
Sovereignty is defined as follows: it is a legal expression of the independence of the state, the supremacy and unlimitedness of its power within the country, as well as independence and equality in relations with other states. The sovereignty of the state has international legal and internal aspects. International legal aspect sovereignty means that international law considers as its subject and participant in international relations not government bodies or individual officials, but the state as a whole. All international legal significant actions committed by authorized officials of the state are considered to be committed on behalf of this state. Internal aspect sovereignty implies territorial supremacy and political independence of state power within the country and abroad. The basis of international legal status states constitute the rights that are listed in various international legal sources. These include: the right to sovereign equality, the right to self-defense, the right to participate in the creation of international legal norms, the right to participate in international organizations. Thus, the 1970 Declaration on Principles of International Law states that each state is obliged to respect the legal personality of other states and to observe the principles of international law. From legal nature sovereignty, it also follows that no obligation can be imposed on the state without its consent to the imposition of this obligation. Duties: to refrain from interfering in the internal and external affairs of other states, from inciting conflicts of other states, to respect the rights and freedom of people, to resolve disputes peacefully, to fulfill international obligations in good faith.
7. Recognition and its legal consequences. Types of recognition
Recognition in MP. The recognition of a state is a unilateral act, by which the state recognizes the fact of the formation of a new state, and thus its international rights. subjectivity. As a general rule, the recognition of the state-va yavl. Complete and final. Such recognition is called “de jure” recognition. It cannot be conditional; granted subject to the fulfillment of certain requirements. It cannot be revoked. Sometimes the process of becoming a state is delayed, for example, as a result of a civil war. In such cases, temporary recognition may be granted, limited - de facto recognition, but accompanied by the establishment of semi-official relations without legal registration and may be withdrawn. There are cases in the international legal practice when the subjects of the ICP enter into official contacts with a newly emerged entity claiming international legal personality, without a recognition procedure. This usually happens when it is necessary to solve some specific and rather narrowly defined goal of international cooperation. In this case, we are talking about short-term recognition - recognition ad hoc (ad hoc) - in this situation, in a specific case: Russia in relation to Chechnya. government recognition. Recognition of the newly formed state means the recognition of its government. The question of the recognition of the government arises in the case of the creation of a government in an unconstitutional way, as a result of a revolution, a coup. Recognition of the government means that the recognizing state considers this government to be the law and the sole representative of the state in international relations. Kinds: recognition of the state, recognition of the government, etc. of the insurgent (belligerent) side, national liberation. Organizations, resistance organizations
8. Succession and its types.
Succession in international law is the succession of one state by another in bearing responsibility for the international relations of the corresponding territory and in exercising the rights and obligations that existed at that time.
The concept of succession was also applied in connection with the transformations of the socio-political structures of such countries as Russia, on the site of which the RSFSR arose in October 1917, and in 1922 the USSR.
In the implementation of the succession, no matter how many states are its participants, two sides are always distinguishable: the predecessor state, which completely or in relation to part of the territory replaces the new bearer of responsibility for international relations, and the successor state, i.e. the state to which this responsibility passes. The term "moment of succession" means the date on which the successor State succeeds the predecessor State in bearing the said responsibility. The object of succession is the territory, in relation to which the state responsible for its international relations is replaced. -
Succession in respect of international Contracts:
- in relation to state property (movable, immovable)
- in relation to state archives
- in relation to public debts

9. International organizations as subjects of international law.
International organizations are subjects of international law of a special kind. Their legal personality is not identical to the legal personality of states, since it does not stem from sovereignty. An international organization, not possessing sovereignty, the source of its rights and obligations, in the sphere of exercising its competence, has an international treaty concluded between the interested states. The most prominent international organizations are the United Nations (UN), the United Nations Educational, Scientific and Cultural Organization (UNESCO), the International Labor Organization (ILO), the World Health Organization (WHO), the Commonwealth of Independent States (CIS), the Council of Europe and etc. The constituent acts of organizations establish that admission to membership in an organization is open to all states that share the principles of this organization. Members of the organization fall into two categories; initial members (states that participated in the development and adoption of the founding act of the organization. For them, somewhat more favorable conditions for entry are established. Any initial member can become a member of the organization by notifying the highest official of its formal acceptance of obligations arising from the founding act of such an organization) and other members (adopted by a two-thirds majority).
A number of organizations along with general requirement- strict observance of the provisions of the founding act - put forward additional requirements for applicants (only countries that export crude oil on a significant scale can become members of the Organization of the Petroleum Exporting Countries (OPEC). Associate member status can be granted to countries that cannot have the majority of votes required to obtain the status of a full member - Article 7 of the OPEC Charter).
10. International legal personality of peoples and nations. International legal personality - the ability of a subject of international law to be a participant in international legal relations, in particular, to conclude and fulfill international treaties.
Modern international law contains norms that enshrine the right of peoples and nations to self-determination. One of the goals of the UN is the development of friendly relations between nations "on the basis of respect for the principle of equal rights and self-determination of peoples." According to the 1960 Declaration on the Granting of Independence to Colonial Countries and Peoples, “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.” The right of peoples (nations) to self-determination in relation to each people is revealed through its national sovereignty, which means that each people has a sovereign right to independence in achieving statehood and independent state existence, to a free choice of development paths. If peoples (nations) have the right to self-determination, then all states have the duty to respect this right. This obligation also covers the recognition of those international legal relations in which the subject is the people (nation). The inalienable right of a people (nation) to self-determination, associated with its national sovereignty, is the basis of its international legal personality. The realization of self-determination by one people within the framework of a multinational sovereign state should not lead to a violation of the rights of its other peoples.
11. Correlation between international and domestic law.
dualistic and monistic theories
dualistic doctrine indicates a significant difference between international law and domestic law, which primarily lies in the fact that these two systems have a different subject of regulation. International law is the law governing relations between sovereign states; internal law operates within the state and regulates the relations of its citizens with each other and with the executive branch. According to this concept, no legal order can create or change the norms of another. When domestic law provides that international law in whole or in any part is to be applied in a given country, this is just a manifestation of the primacy of domestic law, the adoption or transformation of international law. In the event of a conflict between international and domestic law, a supporter of the dualistic theory would begin to proceed from the fact that the national court will apply national law.
monistic doctrine. International law takes precedence over other rules of law. It occupies the top of the hierarchical normative pyramid and determines the legal validity of other legal orders. The state legal order can only be based on international law, which constitutes the legal basis for all subsequent acts of the state.
12. Classification of territories according to their legal regime.
Territory in international law is the entire globe, including its land and water spaces, subsoil and air space above them. Within these spaces, there are:
1) territories of states;
2) territories with international regime;
3) territories with a mixed regime
A distinctive feature of the state territory is that it is under the sovereignty of a particular state. The territory of the state has internationally recognized borders, which is achieved by concluding border treaties with neighboring states. Within its borders, the state establishes legal regime territory on the basis of national legislation and international treaties that it concludes with interested foreign states.
To territories with international regime include land and water spaces that are located outside the state territories and are in common use. Status and the regime of such territories is determined by international law; state sovereignty does not extend to such territories, with the exception of the territories of artificial islands, installations and structures, which, in accordance with modern international maritime law, the state can build in the exclusive economic zone and on the continental shelf. The territories with an international regime include the high seas, the airspace above it and the seabed outside the continental shelf of states. The international regime can be established in respect of individual territories or their parts in accordance with international treaties of states (demilitarized territories, neutralized territories). A special international regime was established in Antarctica by an agreement dated December 1, 1959.
To territories with a mixed regime include the spaces of the World Ocean - contiguous zones, the continental shelf and exclusive economic zones. A distinctive feature of the status of these territories is that they are not part of the state territory, but the coastal states exercise sovereign rights within them for the purpose of exploration, development and conservation of natural living and mineral resources. Territories with a mixed regime also include international rivers, international straits, international channels, a number of territories (islands) in respect of which there are valid international treaties (Svalbard)
13. International mechanisms for ensuring and protecting human rights. The international protection of human rights is an independent branch of international law. International protection of human rights - a set of generally recognized and special rules and norms that regulate the rights and freedoms of a person, his duties to his state, as well as the duties of the state to its citizens. In addition, this branch regulates the rules of conduct of states and their cooperation in the field of protecting the rights and freedoms of man and citizen. Some of the most important and universally recognized principles for this branch of law are: principle of sovereign equality of states, non-interference in internal affairs, principle of equal rights and self-determination of peoples, principle of cooperation between states, principle of conscientious fulfillment by states of their international obligations . Special principles include: prohibition of all types and forms of discrimination, equality before the law, protection by the state of its own citizens, regardless of their location and residence, special protection the rights of women and children, the responsibility of the state and its bodies for violation of the rights and freedoms of man and citizen. The international protection of human rights also lies in the obligation of states to put into practice the fundamental rights and freedoms of man and citizen, as well as in international mechanisms for monitoring the fulfillment by states of their international obligations. Most international agreements on the protection of human and civil rights and freedoms have been developed within the framework of the UN and its specialized agencies.
These include: 1) the Universal Declaration of Human Rights - 1948; 2) the International Covenant on Economic, Social and Cultural Rights with Optional Protocol 1 and the International Covenant on Civil and Political Rights of 1966 with Optional Protocols 1 and 2; 3) Convention on Consent to Marriage, Age of Marriage and Registration of Marriage, 1962; 4) Convention on the Prevention and Punishment of the Crime of Genocide, 1948; 5) Convention on the Suppression and Punishment of the Crime of Apartheid, 1973; 6) International Convention on the Elimination of All Forms of Racial Discrimination of 1966; 7) Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of 1984; 8) other agreements.
14. UN-characteristics, goals, principles, structure.
The United Nations was established in 1945 at a conference in San Francisco, where the UN Charter was adopted. The goals of the creation of the UN by virtue of Art. 1 of the Charter are: 1) the maintenance of international peace and security; 2) the development of friendly relations between nations based on respect for the principle of equal rights and self-determination of peoples; 3) the implementation of international cooperation in resolving international problems of an economic, social, cultural and humanitarian nature and in encouraging and developing respect for human rights and fundamental freedoms for all without distinction of race, sex, language and religion; 4) the creation of a center for coordinating actions in achieving these common goals, etc. The organization is based on the progressive, democratic principles of international law. In Art. 2 of the UN Charter provides that the Organization and its members act in accordance with the principles: the sovereign equality of all its members; conscientious fulfillment of the obligations assumed under the Charter; settlement of international disputes by peaceful means; renunciation in international relations of the threat or use of force against the territorial integrity or political independence of any state, or in any other way inconsistent with the purposes of the UN; providing all possible assistance to the Organization in all its actions in accordance with the Charter and refusing assistance to any state against which the UN takes preventive or coercive actions. In accordance with Art. 7 of the UN Charter, along with the General Assembly, the main organs of the UN are: the Security Council, the Economic and Social Council (ECOSOC), the Trusteeship Council, the International Court of Justice and the Secretariat. Competence and legal status each of them are clearly stated in the UN Charter. The United Nations distinguishes between original and accepted members. The original members are the 50 states that participated in the San Francisco conference. According to Art. 4 of the Charter, peace-loving states can be members of the UN, which will assume the obligations contained in the Charter and which they are able and willing to fulfill. Since the creation of the UN, the number of states included in it has reached 188.
15. UN General Assembly: powers. General Assembly of the United Nations - established in 1945 in accordance with the UN Charter, the main deliberative, policy-making and representative body of the United Nations. The Assembly consists of 192 members of the United Nations and serves as a forum for multilateral discussion of the full range of international issues reflected in the Charter. The Assembly meets in regular annual session from September to December and thereafter as needed. According to the Charter of the United Nations, the UN General Assembly has the following functions and powers: 1. consider the general principles of cooperation in the maintenance of international peace and security, including in matters of disarmament, and make appropriate recommendations; 2. to discuss any question relating to the maintenance of international peace and security and make recommendations in respect of such questions, except when any dispute or situation is before the Security Council; 3. to organize studies and prepare recommendations for the promotion of international political cooperation, the development and codification of international law, the exercise of human rights and fundamental freedoms and the promotion of international cooperation in the economic, social and humanitarian fields and in the fields of culture, education and health; 4. to recommend measures for the peaceful settlement of any situation that might disturb the friendly relations between nations; 5. receive and consider reports from the Security Council and other UN bodies; 6. review and approve the budget of the United Nations and fix the assessed contributions of Member States; 7. elect non-permanent members of the Security Council and members of other councils and bodies of the United Nations and, on the recommendation of the Security Council, appoint the Secretary-General.
16. UN Security Council: composition, competence. The UN Security Council is a permanent body of the UN, which, in accordance with Article 24 of the UN Charter, is entrusted with the main responsibility for maintaining international peace and security. Member of the Council includes 15 member states - 5 permanent and 10 non-permanent, elected by the UN General Assembly for a two-year term. After the adoption of the Resolution of the UN General Assembly on December 17, 1963, 10 non-permanent members of the Security Council are elected according to geographical criteria, namely: five - from the states of Africa and Asia; one from the states of Eastern Europe; two from the states of Latin America; two - from the states of Western Europe and other states.
The Security Council is authorized to "investigate any dispute or any situation which may give rise to international friction or give rise to a dispute, to determine whether the continuation of this dispute or situation may not threaten the maintenance of international peace and security." It "determines the existence of any threat to the peace, any breach of the peace or act of aggression, and makes recommendations or decides what measures should be taken ... to maintain or restore international peace and security." The Council has the right to apply coercive measures to states that violate international peace and security, including those related to the use of armed force. Article 25 of the UN Charter states: "The Members of the United Nations agree, in accordance with this Charter, to be bound by and to carry out the decisions of the Security Council." Thus, the decisions of the Security Council are binding on all states.
In practice, the activity of the Security Council in maintaining peace and security consists in determining certain sanctions against violating states. In exceptional cases, the Council authorizes military operations against such states.
17. The Economic and Social Council of the United Nations: the order of formation and competence.
The Economic and Social Council of the United Nations (ECOSOC) is one of the main bodies of the United Nations, which coordinates cooperation in the economic and social fields of the UN and its specialized agencies (for example, the World Tourism Organization, the World Health Organization, the International Monetary Fund, etc.). ) ECOSOC is made up of 54 states elected by the General Assembly for a term of three years. No restrictions on re-election: an outgoing ECOSOC member can be re-elected immediately. Each member of ECOSOC has one vote. Decisions are taken by a majority vote of the ECOSOC members present and voting.
The Economic and Social Council serves as the central forum for discussing international economic and social issues and making policy recommendations to Member States and the United Nations system. He is responsible for: 1. promoting the improvement of living standards, full employment of the population and economic and social progress; 2. identifying ways to resolve international problems in economic and social areas and in the field of health; 3. promoting international cooperation in the field of culture and education; 4. promoting universal respect for human rights and fundamental freedoms.
18. The International Court of Justice: the order of formation, competence.
The universal judicial body is the International Court of Justice. According to the Manila Declaration on the Peaceful Settlement of International Disputes, approved by the thirty-seventh UN General Assembly, states are fully aware of the role of the International Court of Justice, which is the supreme judicial body of the UN. The composition of the international court does not depend on the will of the parties and is formed in advance. The competence of the international court is contained in its founding act. The International Court of Justice was established by the UN Charter in 1945 as the main judicial body of the UN. All UN member states are parties to the Statute of the International Court of Justice. The Court consists of a panel of independent judges, elected, regardless of their nationality, from among persons of high moral character who meet the requirements in their countries for persons appointed to the highest judiciary or who are jurists of recognized authority in the field of international law. The International Court of Justice consists of fifteen members, and it cannot include two citizens of the same state. The members of the Court are elected by the General Assembly and the Security Council from among the persons entered on the list at the proposal of the national groups of the Permanent Court of Arbitration. The members of the Court are elected for nine years and may be re-elected, however, the terms of office of judges of the first composition of the Court expire after three years, and the terms of office of five more judges after six years. Members of the Court may not perform any political or administrative duties and may not devote themselves to any other occupation of a professional nature. A member of the Court may not be removed from office unless, in the unanimous opinion of all other members, he no longer meets the high standards imposed. The Registrar of the Court notifies the Secretary General of this. From the date of receipt of this notification, the position is considered vacant. Members of the Court, in the performance of their judicial duties, enjoy a large number of privileges and immunities. In order to expedite the resolution of cases, the Court annually establishes a chamber of five judges, which, at the request of the interested parties, can consider and decide cases by summary procedure. In order to replace judges who consider it impossible for them to further participate in the consideration of the case in summary proceedings, two additional judges are allocated. Parties in cases before the Court are only States. The jurisdiction of the International Court of Justice includes all cases referred to it by the parties, and all issues specifically provided for by the UN Charter or existing treaties and conventions. The Court decides disputes submitted to it on the basis of international law, using international conventions - both general and special, establishing rules expressly recognized by the disputed states, international custom as evidence of general practice, general principles of law recognized by civilized nations, judicial doctrines, and also court decisions of the most qualified specialists in public law.
(The International Court of Justice is one of the six main organs of the United Nations, established by the UN Charter to achieve one of the main goals of the UN "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 may lead to breach of the peace". The Court operates in accordance with the Statute, which is part of the UN Charter, and its Rules. The International Court of Justice is composed of 15 independent judges, elected regardless of their nationality, from among persons of high moral character who meet the requirements of their countries for appointment to the highest judicial positions or who are jurists of recognized authority in the field of international law.)
19. Regional international organizations. Regional international organizations are associations of small groups of countries that serve as a forum for discussing regional problems of common interest, coordinating regional policies in matters of production and foreign trade. To regional international organizations should include organizations, associations and unions that work in certain regions.
These include eg. CIS.
Domestic

The president
Officials

Foreign
1 consulates
2 diplomatic
20. Law of foreign relations. The system of organs of external relations. The law of external relations is a branch of international law, which consists of the principles and norms governing relations between states, as well as between states and other subjects of international law regarding the implementation of diplomatic activities (official activities of the state, its bodies and officials to protect the rights and interests of this state, the rights and legitimate interests of its individuals and legal entities, maintaining the regime of international law and order and legality .) The main sources of the law of foreign relations are the Vienna Convention on Diplomatic Relations of 1961, the Vienna Convention on Consular Relations of 1963, the Vienna Convention on the Representation of States in Their Relations with International Organizations of a Universal Character of 1975, and other international documents of both universal and local character. As for the external relations of the Russian Federation, among the legal acts of the Russian Federation regulating the issues of diplomatic and consular relations with foreign states, the Constitution of the Russian Federation, the Federal Law of July 15, 1995 “On International Treaties of the Russian Federation” should be singled out. 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.
21. Diplomatic missions.
Diplomatic representation is an organ of one state, located on the territory of another state, intended for official relations between these states. There are two types of diplomatic representation: 1) embassies; 2) missions. There are no special differences between embassies and missions, although most developed countries prefer to exchange diplomatic missions - embassies. It is considered that embassies- representations of the first, highest class, and missions - representations of the second class. Recently, the number of embassies has increased, and number of missions decreases. Diplomatic missions are formed in accordance with agreements between states. Most countries have diplomatic ranks- official ranks assigned to diplomatic workers. They, like diplomatic posts, are determined by the legislation of the states that establish them. The staff of a diplomatic mission is divided into diplomatic, administrative and technical and service personnel. Diplomatic personnel are:ambassadors;messenger; advisers; sales representatives and their deputies; special apaches (military, air force, etc.) and their deputies; 6 (first, second, third secretaries; 7) attaches.
A diplomatic mission has its head in the host country. Before appointing a head of mission, the sending State shall request from the competent authorities of the host country agrement, i.e. consent to the appointment of a specific person as head of mission. Refusal of an agrément or failure to respond to a request shall result in an impediment to the appointment of that person as head of the mission. In this case, the refusing state may not justify its refusal. Upon receipt of the agrement, the person is appointed head of the mission and is given a letter of credence addressed to the authorities of the host country, in which they are asked to believe that this person will represent the interests of that sending State. The diplomatic mission performs the following functions: 1) representation of the state in the host country; 2) protection of the interests of the sending state and its citizens in the host country; 3) negotiating with the government of the host country; 4) finding out by all legal means the conditions and events in the host country; 5) encouraging friendly relations between the accrediting state and host country; 6) informing his government about the host country.
22.Consular institutions: concept, composition, functions, powers.
A consulate is a body of foreign relations of a state established on the territory of another state (with the consent of the latter) to perform certain functions. The area of ​​activity of the consul and the location of the consulate are determined by agreement between the two states. The rights, privileges and immunity of the consulate include: the right to use the flag and coat of arms of their state; the inviolability of the premises; tax exemption; inviolability of consular archives; freedom of communication of the consulate with its government, diplomatic representation, other consulates of its state, wherever they are, using means of communication, ciphers, diplomatic and consular couriers. Consulate carries out contacts with local authorities, is engaged in servicing citizens, solving their problems within the framework of the legislation and processing documents (visas, passports, notarial documents, certificates, etc.).
There are the following types consular offices: consulate general, consulate, vice consulate, consular agency. In all these cases, there is no difference in the status of these institutions. Now most of the consular offices in the world have the status of a consulate general. In capital cities, there may not be a separate consular office, but only the consular department of the embassy (such, for example, is the almost universal practice in Russia). The consular department is not an independent institution, the highest authority is not the head of the consular department, but the ambassador. At the same time, diplomatic (i.e., wider) privileges and immunities apply to employees of the consular department, and not consular ones.
etc.................

The emergence of international law associated with the emergence of states. The periodization of the development of international law can be represented as four periods:

1. Background of international law. ancient ages. The subjects of international relations were not states, but their rulers. Treaties have become widespread. They served the implementation of not only external, but also internal functions. Middle Ages (VI-XVI centuries). Due to historical conditions, the main region where the ground was prepared for the creation of international law turned out to be Europe. During the Middle Ages, significant traditions accumulated in the field of diplomatic relations, negotiation practices, international trade (especially maritime), the conduct and termination of war, etc., which ultimately prepared the emergence of international law as such.

2. Classical international law. In the Middle Ages, the science of international law arose. Its founder is considered to be Hugo Grotius.

In 1625, he published the work "On the Law of War and Peace", which covered all the main issues of international law. A big step forward in the development of international law was made by the French Revolution. The foundations of France's foreign policy were proclaimed "universal peace and the principles of justice", the rejection of any war for the purpose of conquest. International law has become a necessary regulator of a significant amount of international relations. There were also shifts in national law, which, for example, secured the privileges of foreign diplomats and established the legal regime for foreigners.

3. Transition from classical to modern international law (1919-1946). In 1919, the victorious powers decided to create the League of Nations and adopted its statutory document - the Statute. The first universal political organization was established, "designed to ensure peace and cooperation between states.

At the Anglo-Soviet-American Conference in 1943 in Moscow, a decision was made on the need to establish a universal international organization based on the principle of sovereign equality. In June 1945, the United Nations (UN) Conference in San Francisco adopted the UN Charter, which laid the foundation for modern international law.

4. Modern international law. The foundation of modern international law was laid by the UN Charter. Politically, the provisions of the Charter reflected new thinking.

The principle of cooperation was put at the basis of international law. He prescribed the rejection of the concept of the rule of force, which had dominated for centuries, and its replacement with the concept of the rule of law. One of the most typical features of modern international law is the affirmation of human rights in it. From a set of norms, international law has become a system based on common goals and principles.

International law: concept and essence, features and functions

International law- this is a special legal system that regulates the international relations of its subjects through legal norms created by a fixed (contract) or tacitly expressed (custom) agreement between them and provided by coercion, the forms, nature and limits of which are determined in interstate agreements.

Features of international law can be traced by comparing it with domestic law:

• according to the way the norms are formed. The norms of domestic law are created by the national authorities of states. The norms of international law are created by its subjects themselves, and above all by states, through an agreement, the essence of which is the coordination of the will of states or other subjects of international law;
• by subjects. The subjects of domestic law are individuals and legal entities, state bodies, subjects of international law - sovereign states fighting for the creation of an independent state, nations and peoples, international organizations and some public entities, such as the Vatican; on the subject of regulation. Domestic law is designed to regulate relations between the subjects of national law of individual states. The subject of regulation of international law are interstate relations in the broad sense of the word;
• on . The norms of international and domestic law exist in various legal forms. Domestic norms are formulated in the form of laws, decrees, decrees, etc., international legal norms - in the form of international treaties, customs, decisions of international organizations, acts of international conferences and meetings;
• how the rules are implemented. The norms of national law are provided by the coercive power of the state. Enforcement of international legal norms, due to the fact that in international relations there is no education that stands above international legal entities, is carried out by the subjects of international law themselves (individually or collectively).

Functions of international law.

• Coordinating - with its help, the subjects of international law establish standards of behavior among themselves.
• Regulatory - the norms of international law are designed to regulate legal relations, and not to hinder or complicate them.
• Security - international law contains rules on liability that encourage subjects of international law to follow the generally accepted rules of international law.
• Protective - there are mechanisms that protect legal rights and interests of subjects of international law.

Correlation between international and domestic law doctrines, mechanisms of influence

International and domestic law are independent, although interconnected legal systems, and they are in constant interaction, exercising mutual influence on each other.

There are various theories regarding the relationship between international and domestic law. Among them are dualistic and monistic. The dualistic theory is based on the distinction between international and national law and their insubordination to each other. Monistic concepts, in contrast to the dualistic one, proceed from the combination of international and domestic law into one legal system, and only depending on which part prevails - domestic law or international law - distinguish the primacy of the internal law of the state or international. The inefficiency of this theory led to a departure from it and the emergence of a new one. currents - "moderate monism", which refrains from radical statements about the primacy of international law.

Mechanisms of influence of international and domestic law.

Influence of domestic law on the formation and implementation of international law.

The most typical form of influence is the impact of the principles and norms that have developed in the domestic sphere on international law in the framework of the norm-formation of the latter.

Changing, deepening and developing the content, expanding the scope and increasing the effectiveness of existing international legal norms under the influence of national law.

Elimination from international law under the influence of domestic law of political and legal means obsolete institutions, principles and norms.

Reception and active use in international law of the main legal formulas that came from domestic law.

The influence of international law on the formation and development of domestic law.

Transformation - retelling in your own words the norms of international law in domestic legislation. There are three transformation systems:

• direct: according to which the contract concluded by the state and entered into force directly acquires the force of law;
• indirect: the rules of the treaty acquire the force of the norms of internal law only as a result of the issuance legislature special act;
• mixed: combines elements of the first two systems and is the most common.

If the wording of the law coincides in text with the provisions of the contract, it is customary to talk about incorporation.

Many laws state that certain of its provisions will be applied in accordance with certain agreement, in such cases we are talking about a reference to international treaties.

Reception, or borrowing, happens: direct - full borrowing of certain norms of international law, indirect - a reference to a particular convention as part of domestic legislation.

The system of international law. Institutes and branches of international law

International law system- this is not only a complex, but also a relatively new phenomenon that is in the process of becoming, which is still little studied. There is no generally accepted system of international law.

system of international law has a characteristic structure. Structure means internal organization system, location and connection of its elements, the nature of their relationship.

The core of the system is formed by general international law, binding on all states. In addition, there are regional international legal complexes that regulate relations between groups of states.

Institute of International Law- this is a set of international legal norms relating to the relations of subjects of international law on any specific object of legal regulation or establishing the international legal status or regime for the use of any area, sphere, space or other object (for example, the institution of diplomatic immunities, the institution of peaceful passage of ships through the territorial sea).

International legal institutions unite in branches of international law- this is a set of customary legal norms of international law codified in international treaties that regulate the relations of subjects of international law in any one broad area of ​​international cooperation (the law of international treaties, international maritime, air, space law, etc.).

International law is characterized by processes of differentiation and integration at the same time. There are new areas of cooperation and, accordingly, new branches of international law, that is, the list of institutions and branches of international law is not exhaustive, they are in constant development and interaction. Some institutions and branches of international law arose hundreds of years ago, such as the law of international treaties, international law during armed conflicts, others arose relatively recently, at the beginning or middle of the 20th century, for example, international environmental law, the institute for the prohibition of weapons of mass destruction, etc.

The construction and specific content of branches and institutions of international law can be carried out in different legal systems in different ways, and can be divided into sub-sectors in accordance with any criteria.

Existence systems of international law objectively conditioned, since only as a sufficiently organized system is modern international law able to fulfill its functions.

system of international law cannot be identified with the system of science of international law due to the difference between scientific schools and directions. The system of international law is objective, the system of science of international law is subjective.

International law is a system of principles and norms that regulate the relations of power order between states and other subjects of international communication. From this definition It follows that the most essential features of international law are special relations, which, in turn, are governed by a system of principles and legal regulations, and a special circle of subjects that participate in international communication.

The relations regulated by the norms of international law include relations between states, between states and international intergovernmental organizations, between states and state-like entities, between international intergovernmental organizations. These relations are the subject of international law.

The norms of international law are generally binding rules for the activities and relationships of subjects of international law or other subjects. The norms of international law have the same features as domestic norms. The norm establishes a generally binding rule of conduct for all subjects of relations, and its application is repeated. International legal norms are classified:

1) in form (documented and not documented);

2) according to the subject-territorial sphere (universal and local);

3) by functional purpose (regulatory and protective);

4) by nature subjective rights and obligations (binding, prohibiting, authorizing).

The circle of subjects of international law consists of: the state, international intergovernmental organizations, nations and peoples fighting for their independence, and state-like formations.

Based on this definition of international law, certain features of it can be distinguished. International law differs from domestic law on the following grounds:

1) on the subject of legal regulation. International law governs relations public order and does not affect private relations;

2) in terms of subjects. In international law, a special circle of subjects has developed; the question of classifying individuals as subjects of international law is debatable;

3) according to the method of norm formation. In international law, there is a special conciliatory procedure for the formation of norms. The subjects of international law are direct participants in the process of norm-formation;

4) according to the method of protecting the norms. There is no apparatus of supranational coercion in international law. Subjects perform their international obligations on the basis of the principle of voluntary compliance with the norms of international law.