Description: War Thunder is a next generation military MMO game dedicated to...
Any treaty that is a founding act of an international organization is subject to the Vienna Convention on the Law of Treaties (Article 5 of this Convention).
The constituent act characterizes the legal personality of an international organization, meaning its derivative and functional state (see Chapter 2). The founding act fixes the goals and objectives of the organization, its organizational structure, powers and procedures for the activities of its bodies, and resolves administrative, budgetary and other issues. An important place in the act is occupied by the rules on membership - on the initial members, the procedure for admitting new members, the possibility of sanctions measures, up to and including exclusion from the organization. The regulation of the immunities and privileges of an organization is either integral part constituent act, or is carried out by adoption of a special act (for example, the Convention on the Privileges and Immunities of the United Nations).
Organizations that do not have universal significance, but go beyond the regional framework in their interests and composition, can also be attributed to this category. Here, group political, economic, social needs are taken into account. Let's name the Organization for Economic Cooperation and Development, consisting of 24 states from different regions of the globe, the Organization of the Islamic Conference, covering about 50 states in which the dominant or predominant religion is Islam, and also operating in 1949-1992. Council for Mutual Economic Assistance, which united 10 states of the then existing socialist commonwealth (USSR, states of Eastern Europe, Mongolia, Vietnam, Cuba).
Classification of organizations is also possible on such a basis as the scope and nature of their powers. Accordingly, organizations are distinguished general competence(UN, Organization of African Unity, Commonwealth of Independent States, Organization for Security and Cooperation in Europe) and special competence(International Civil Aviation Organization, World Trade Organization, which replaced the General Agreement on Tariffs and Trade in 1994, International Monetary Fund, Universal Postal Union, etc.).
The status of an international organization with the corresponding legal personality is also possessed by some interstate institutions, which are not called organizations, but bodies, committees. This is the 1982 United Nations Convention on the Law of the Sea. International body on the seabed (working title - Authority), whose members are all States Parties to the Convention. This Body, according to part 1 of Art. 157 of the Convention, is the organization through which States organize and control activities in the seabed, especially for the management of its resources.
In accordance with the Convention on the Conservation of Anadromous Species in the Northern Part Pacific Ocean 1992 Established the North Pacific Anadromous Fish Commission as an international organization to promote the conservation of anadromous stocks in the convention area.
special variety international organizations are interdepartmental organizations. During the creation of such organizations and in the course of their activities, the relevant ministries and other departments exercise the powers of state bodies within the limits of domestic legal norms. At the same time, the decision on participation in a particular organization falls within the competence of the government, and all subsequent contacts with the bodies of the organization are carried out through the appropriate department.
The activities of the International Criminal Police Organization (Interpol) are built on an interdepartmental basis, the members of which, according to the Charter, are the competent police authorities that have powers on behalf of their states (see Chapter 15 on the status and functions of Interpol).
In February 1993, a decree of the Government of the Russian Federation "On the entry Russian Federation to the International Civil Defense Organization". Given its interdepartmental nature, the functions of the lead coordinating agency for participation in this organization, including representation in its bodies, were assigned to State Committee Russian Federation (now the Ministry of the Russian Federation) for Civil Defense, Emergencies and Elimination of Consequences of Natural Disasters; he was instructed to formalize the entry of the Russian Federation into this organization.
Legal nature of an international organization
An international intergovernmental organization, as noted in the chapter "Subjects of international law", has a derivative and functional legal personality and is characterized by the following features.
Secondly, it exists and operates within the framework of the constituent act that determines its status and powers, which gives its legal capacity, rights and duties a functional character.
Thirdly, it is a permanent association, which is manifested in its stable structure, in the system of its permanent bodies.
Fourth, it is based on the principle of sovereign equality of member states, while membership in the organization is subject to certain rules that characterize the participation of states in the activities of its bodies and the representation of states in the organization.
Fifth, states are bound by the resolutions of the organs of the organization within their competence and in accordance with the established legal force of these resolutions.
Sixth, each international organization has a set of rights inherent in a legal entity. These rights are fixed in the constituent act of the organization or in a special convention and are implemented subject to the national legislation of the state in whose territory the organization performs its functions. As a legal entity, it is competent to enter into civil law transactions (conclude contracts), acquire property, own and dispose of it, initiate cases in court and arbitration, and be a party to litigation.
Seventh, an international organization has privileges and immunities that ensure its normal activities and are recognized both at the location of its headquarters and in any state in the exercise of its functions.
Internal law of international organizations.This term is used to refer to the norms created in each organization to regulate the intraorganizational mechanism and the relations that develop between the bodies, officials and other employees of the organization. The most important component of this right is the rules of procedure of the organs.
Significant from a legal point of view, the norms on the status of persons who are part of the organization's personnel are important. Elected or appointed high officials and contracted staff belong to the international civil service and during their term of office should not be directed or influenced by their governments in the performance of their duties. They are responsible only to the organization and its highest official - the general secretary or director. At the end of their service life, they are provided with the payment of pensions from the fund of the organization.
United Nations: Charter, Purposes and Principles, Membership
It is possible to change the Charter. It should be noted that the amendments to the Charter (Art. 108) and the revision of the Charter (Art. 109) are different. Amendments i.e. changes to certain provisions of the Charter, which are of a private nature, are adopted by the UN General Assembly with a two-thirds vote of the members and come into force for all members of the Organization after their ratification by two-thirds of the members of the Organization, including all permanent members of the Security Council. Consequently, without the consent of any of the permanent members of the Security Council (USSR, USA, Great Britain, France, China), no amendment to the Charter shall acquire legal force. At the same time, the amendments that have entered into force are also binding on those states that either did not vote for this or that amendment, or, having voted for the amendment, have not yet ratified the corresponding document. The General Assembly adopted amendments to certain articles of the Charter at the XVIII, XX and XXVI sessions in 1963, 1965 and 1971. All these amendments are connected with the expansion of the composition of two UN bodies: the Security Council and the Economic and Social Council (Articles 23, 27, 61 and 109, and Article 61 was changed twice).
For revision The Charter requires the convening of a General Conference of the Members of the Organization, which is allowed only by decision or with the consent of two-thirds of the members of the General Assembly and nine (out of fifteen) members of the Security Council. A decision to amend the Charter taken by the General Conference (two-thirds of the participants) comes into force only if it is ratified by two-thirds of the members of the Organization, including all permanent members of the Security Council. Thus, in this case, too, the change in the Charter is subject to the consent of all five permanent members of the Security Council.
The stability of the Charter as a fundamental document of the UN does not in any way mean that the legal status and functions of the Organization remain unchanged. On the contrary, with the progressive development of international relations and international law, the strengthening of the universal nature of the UN and democratic tendencies in its activities, its structure, competence and forms of functioning of its bodies are constantly enriched. But such enrichment is based on the norms of the Charter, on strict observance of its goals and principles.
Purposes and principles of the United Nations. In accordance with Art. 1 of the Charter of the United Nations has the following purposes:
1) to maintain international peace and security and, to this end, to take effective collective measures to prevent and eliminate threats to the peace, as well as to suppress acts of aggression or other violations of the peace, and to carry out by peaceful means, in accordance with the principles of justice and international law, the settlement or settlement of international disputes or situations that may lead to a breach of the peace; 2) to develop friendly relations among nations on the basis of respect for the principle of equal rights and self-determination of peoples, as well as to take other appropriate measures to strengthen world peace; 3) to carry out international cooperation in solving international problems of an economic, social, cultural and humanitarian nature and in promoting and developing respect for human rights and fundamental freedoms for all, without distinction as to race, sex, language or religion; 4) to be a center for coordinating the actions of nations in achieving these common goals.
According to Art. 2 of the Charter to achieve these goals, the Organization and its members act in accordance with the following principles: 1) sovereign equality of all members of the Organization; 2) conscientious fulfillment of the obligations assumed; 3) settlement of international disputes by peaceful means in such a way as not to endanger international peace and security; 4) refraining in international relations from 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; 5) provision of all possible assistance to the UN by its members in all actions taken by it in accordance with the Charter; 6) ensuring that states that are not members of the UN act in accordance with the principles of the Charter; 7) non-intervention of the UN in matters within the internal competence of any state.
The principle of sovereign equality of its members is of paramount importance for assessing the legal nature of the UN as an organization of interstate cooperation and as a subject of international law.
The United Nations, in the performance of its functions, enters through the appropriate bodies into certain legal relations with member states, and under certain circumstances with other states that are not members of the UN, as well as with international organizations.
Membership in the Organization. Members of the United Nations are sovereign states. According to the procedure for registering membership in the Organization, they differ initial and newly admitted members.
The original members are those states that participated in the founding conference in San Francisco in 1945, signed and ratified the UN Charter.
The procedure for admitting new members to the Organization is defined in Art. 4 of the UN Charter, as well as the rules of procedure of the General Assembly and the rules of procedure of the Security Council.
According to Art. 4 of the Charter, admission to membership in the UN is open to all peace-loving states that accept the obligations contained in the Charter and which, in the judgment of the Organization, are able and willing to fulfill these obligations.
In accordance with the rules of procedure, a state wishing to become a member of the UN submits an application to the UN Secretary General.
Admission is by decision of the General Assembly on the recommendation of the Security Council. Initially, the application is considered by the Committee for the Admission of New Members established under the Security Council, which submits a report to the Council with its findings. A Security Council recommendation for admission shall be considered valid if at least nine members of the Council, including all permanent members, have voted in favor of it. At a session of the General Assembly, admission is decided by a two-thirds majority of the members of the Assembly present and voting.
The question of the membership of the new states that were union republics within the USSR was resolved as follows. During the creation of the Commonwealth of Independent States, a general agreement was reached to support Russia in its continued membership of the USSR in the UN, including permanent membership in the Security Council. On this basis, on December 24, 1991, the President of Russia sent a message to the UN Secretary General with information that the membership of the USSR in the UN was continued by the Russian Federation, and with a request to use the name "Russian Federation" instead of the name "Union of Soviet Socialist Republics", recognizing the powers the respective representatives. As stated, the Russian Federation fully retains responsibility for all the rights and obligations of the USSR in accordance with the UN Charter.
The remaining states - former republics within the USSR - formalized their membership in the UN by submitting applications for admission in accordance with Art. 4 of the Charter. This procedure did not apply to Ukraine and the Republic of Belarus, which were the original members of the UN.
The member states of the UN have their permanent missions to the Organization.
The exclusion of a state from the UN, according to the Charter, can be made for a systematic violation of the principles contained in the Charter. This decision is taken by the General Assembly on the recommendation of the Security Council. The possibility of a state's withdrawal from the Organization is not envisaged, but it is, as it were, presumed, since the UN is a voluntary association of sovereign states.
Along with membership in the UN, the status of permanent observers of a number of states that are not members of the UN has developed.
Legal capacity, privileges and immunities. According to Art. 104 of the Charter, the United Nations shall enjoy in the territory of each Member State of the United Nations "such legal capacity as may be necessary for the exercise of its functions and the achievement of its purposes".
The legal capacity envisaged for the UN covers the manifestations in its activities of both the properties of a subject of international law and the elements of civil legal capacity and legal capacity as a legal entity under the relevant national law.
The Convention on the Privileges and Immunities of the United Nations (Section 1) characterizes the UN as a legal entity entitled to conclude contracts, acquire and dispose of immovable and movable property, and initiate cases in court.
The Charter (Article 105) endowed the UN with the privileges and immunities necessary to achieve its goals. Concretizing the norm of the Charter, this Convention determines that the premises of the UN are inviolable, and its property is not subject to search, confiscation and any other form of interference.
Representatives of states in UN bodies and officials of the Organization also enjoy such privileges and immunities as are necessary for the independent performance of their functions related to the activities of the UN. These include immunity from arrest, detention, legal liability for acts committed in the capacity of officials. As for the UN Secretary General and his assistants, they are fully subject to diplomatic privileges and immunities.
Privileges and immunities are granted to officials in the interests of the UN and not for their personal benefit. Therefore, the Secretary General, as stated in sect. 20 of the Convention, "has the right and duty to waive the immunity granted to any official in cases where, in his opinion, the immunity is an obstruction of justice and can be waived without prejudice to the interests of the United Nations." With regard to the Secretary General, the right to waive immunity belongs to the UN Security Council.
At the end of 1994, the UN General Assembly adopted and opened for signature the Convention on the Safety of UN and Associated Personnel. The States Parties to the Convention have pledged to provide for the criminal liability of persons who commit attacks on UN personnel and to ensure concerted action in the fight against such attacks.
The area of UN Headquarters located at its headquarters in New York (in Manhattan), in accordance with the agreement between the UN and the US Government, is "under the control and authority" of the UN and is inviolable. Federal and other officials of the United States shall not enter this area in the performance of any official duties except with the permission of the Secretary General and on his terms. The procedure for carrying out court proceedings in the region is similar.
The UN is competent to issue the rules necessary for the successful performance of its functions and applicable in the Headquarters area.
At the same time, it has been established that federal and other US acts are applied outside these limits within the district, and acts committed here and transactions concluded are under the jurisdiction of US federal and other courts, which must take into account UN rules when considering such cases. The UN should prevent the area from serving as a safe haven for individuals fleeing arrest under US law or required by the US government to extradite them to another state.
The United Nations establishes its representations in individual states. Their legal status can be illustrated by the example of the United Nations Joint Representation in the Russian Federation, established in accordance with the Agreement between the Government of the Russian Federation and the United Nations dated June 15, 1993. This representation is constituted as an "organizational unit" through which the United Nations provides assistance and cooperates on programs in Russian Federation. It represents not only the UN, but also its bodies and funds, including the Office of the UN Commissioner for Refugees, the United Nations Environment Program (UNEP), Children's Fund United Nations (UNICEF), United Nations Drug Control Program.
The representative office cooperates with the Government of the Russian Federation within the framework of programs aimed at promoting economic development and social progress and the provision of humanitarian assistance through, inter alia, research, technical cooperation, training and dissemination of information.
Article III of the Agreement characterizes "legal personality and legal capacity". The UN, its bodies, programs, funds and the Representation are authorized: a) to conclude agreements; b) acquire movable and immovable property and dispose of it;
c) bring cases before the court. Determining the status of the Representative Office, the Agreement establishes that its premises, property and assets are inviolable, not subject to search, confiscation, or any other form of interference. The competent authorities of the Russian Federation provide assistance in ensuring the safety and security of the Representative Office. Its head and senior officials enjoy privileges and immunities on a par with diplomats.
In Moscow, as in many other capitals of states, there is the UN Information Center, which is accredited by the Russian Ministry of Foreign Affairs. It is the main source of information for federal government agencies, officials, educational institutions, scientific institutions, the media and citizens with the activities of the UN, its official documents and other materials. The Center also provides the UN Secretariat with information about its events in Russia dedicated to the Organization.
UN body system
As principal organs The United Nations in its Charter are named the General Assembly, the Security Council, the Economic and Social Council, the International Court of Justice, the Court of Trusteeship, the Secretariat. If necessary, it is possible to create subsidiary bodies (Article 7). The main organs of the UN are characterized by a special legal status, their powers and relationships are fixed in the UN Charter. However, both in terms of their legal status and real significance, the main bodies named in the Charter are far from equivalent. The Security Council and the General Assembly occupy the central place in the UN system.
Subsidiary Bodies are formed in most cases by decision of the General Assembly, the Security Council, the Economic and Social Council, which coordinate their activities, hear reports, and make their recommendations.
In modern conditions, significant work is carried out by such bodies as the United Nations Conference on Trade and Development (UNCTAD) headed by the Trade and Development Council, the United Nations Organization for industrial development(UNIDO) headed by the Industrial Development Council, the United Nations Environment Program (UNEP) headed by the Board of Governors, etc.
As a rule, UN bodies consist of member states of a given Organization, either from all members (General Assembly) or from a fixed number of members (Security Council, Economic and Social Council, Committee on the Peaceful Uses of Outer Space, etc.).
Each state included in the corresponding body is represented in it by an official (representative) or delegation appointed by this state.
The charter (another constituent act) determines the organizational structure and powers of the bodies. Thus, within the framework of UNESCO, the General Conference, the Executive Board and the Secretariat headed by the Director General function; within the framework of the International Maritime Organization - the Assembly, the Council, the Committees and the Secretariat, headed by the Secretary General. It is possible to establish representative offices of the Organization in certain states. In 1989, an Agreement was signed between UNESCO and the Government of the USSR on the establishment and functioning of the UNESCO Office in the USSR (currently in the Russian Federation). The Director of the Bureau is the representative of UNESCO in the Russian Federation. So-called national cooperating bodies may be established in Member States. An example is the Commission for UNESCO in the Russian Federation.
It should also be noted the creation in 1993 of the Interdepartmental Commission on the participation of the Russian Federation in international organizations of the UN system, which is endowed with the functions of coordination.
Regional international organizations (general characteristics)
To recognize an organization as a regional organization, it is necessary:
1) the spatial unity of the Member States, their location within a more or less integral region;
2) spatial limitation of the goals, objectives and actions of the Member States, i.e., a functional orientation corresponding to the subject composition without claims to interfere in matters that go beyond the regional coordination framework.
One feature of the Organization for Security and Cooperation in Europe (OSCE), which was preceded by the Conference on Security and Cooperation in Europe (CSCE), is its complex composition. The United States of America and Canada participated in the formation of the CSCE along with the European states. At present, the OSCE unites all states of Europe without exception, two North American countries and all former Soviet republics of the USSR, including the Central Asian republics and Kazakhstan, which, obviously, does not destroy the European foundation of the OSCE, since it takes into account the real interests and legal aspects of the succession of the respective states .
Controversial, from the standpoint of regional regulation, are the features of the North Atlantic Treaty Organization (NATO). The military-political bloc formed in 1949 united both the states of North America (USA, Canada) and Western Europe (Great Britain, France, Norway, etc., later - Germany, Spain); and then Southeast Europe. (Greece, as well as Turkey, most of whose territory is in Asia). With regard to the originally planned regional principle of ensuring security in the North Atlantic region, it should be noted that subsequently it was officially expanded through the area mediterranean sea, but actually began to cover other "states of Europe (for example, the territory of the former Yugoslavia) and the Middle East region. Such actions - and, above all, NATO military operations with a unilateral focus that go beyond the mandate of the UN Security Council - contradict the principles of regionalism.
The Russian Federation, while opposing plans to expand NATO to include the countries of Eastern Europe (at the first stage, Poland, the Czech Republic and Hungary), as well as the Baltic states, does not reject the possibility of coordinating mutual relations in the interests of maintaining peace and stability in Europe.
The Euro-Atlantic Partnership Council and the joint Partnership for Peace program can play a positive role in ensuring coordination between NATO and non-NATO countries.
On May 26, 1997, the Founding Act on Mutual Relations, Cooperation and Security between the Russian Federation and the North Atlantic Treaty Organization was signed in Paris, defining the mechanism for consultations, as well as joint decision-making and joint actions. The Russia-NATO Permanent Joint Council has been established.
The fate of NATO is closely connected with the state and prospects of the OSCE. From the standpoint of international law, both the opposition of these associations, and especially attempts to ensure NATO a dominant role with reference to long-standing traditions and greater efficiency, are unacceptable. Bearing in mind that the basis of the OSCE is all the states of Europe without exception, and that the OSCE documents define clear guidelines for its all-European activities, it is expedient to activate the OSCE as the main interstate mechanism for security and cooperation in Europe, with simultaneous efforts to improve NATO as an instrument of assistance to the OSCE.
The Representation of the Russian Federation is accredited at the NATO Headquarters in Brussels. An Interdepartmental Commission of the Russian Federation for Cooperation with NATO and Implementation of the Founding Act was established.
Organization for Security and Cooperation in Europe
Over the twenty years of its existence, the Conference on Security and Cooperation in Europe (CSCE) as an international legal institution has evolved from an international conference - a mechanism for multilateral interstate negotiations and consultations held in the form of regular meetings - to an international organization - the Organization for Security and Cooperation in Europe ( OSCE).
As an international conference, the CSCE was held in accordance with the rules traditionally established in the practice of such meetings, as well as its own rules of procedure. The following provisions became important elements of this procedure: The meeting is held "outside of military alliances"; States participate in the Conference "in full equality"; decisions of the Meeting are taken by consensus, which is defined as "the absence of any objection expressed by any representative and put forward by him as representing an obstacle to a decision on the issue under consideration".
Initially, 35 states were represented at the Meeting, including 33 European ones, as well as the USA and Canada.
As a result of the summit meeting in Helsinki on July 30-August 1, 1975, the heads of state and government signed the Final Act, which includes a preamble and five sections: "Questions relating to security in Europe", "Cooperation in the field of economics, science and technology and environment", "Questions relating to security and cooperation in the Mediterranean", "Cooperation in humanitarian and other fields", "Further steps after the Meeting".
The most important part of the first section was the "Declaration of principles by which the participating states will be guided in mutual relations", in which the well-known principles of the UN Charter are reproduced and concretized; at the same time, norms on the inviolability of borders, on the territorial integrity of states, on respect for human rights and fundamental freedoms have been elevated to the rank of principles, and provisions have been formulated that determine their content.
In addition, it fixes new for international law norms on confidence-building measures, which include preliminary notifications on military exercises and troop movements, on the invitation of observers, on the exchange of military personnel, including visits of military delegations.
In other sections, recommendations are given on coordinated actions in various areas of cooperation, including legally significant provisions regulating contacts between people, including family reunification and marriages between citizens of different states, the procedure for disseminating and exchanging information, cooperation and exchanges in the field of culture, education.
The participating States declared their determination “to give due regard to and implement the provisions final act Meetings" and "to continue the multilateral process initiated by the Conference", in particular, by holding new meetings at various levels. These include the Madrid meeting 1980-1983, the Stockholm Conference "on confidence- and security-building measures and disarmament in Europe" 1984- 1986, Vienna meeting 1986-1989, summit meetings in Paris in November 1990, in Helsinki in July 1992 and in Budapest in December 1994, in Lisbon in 1996. three meetings of the so-called Conference on the Human Dimension of the CSCE (including in Moscow in 1991), several meetings of experts on the peaceful settlement of disputes.
The act "Charter of Paris for a New Europe" signed as a result of the meeting in Paris on November 21, 1990, the document of the meeting in Helsinki "The Challenge of Change" dated July 10, 1992 and adopted at the meeting in Prague on January 30-31, 1992, developing its provisions The document on the further development of the institutions and structures of the CSCE marked a fundamentally new stage in the status and activity of the CSCE.
In the Helsinki Document, the heads of state stated that they viewed the CSCE "as a regional agreement in the sense that Chapter VIII of the Charter of the United Nations speaks of it." This status was recognized by the UN General Assembly, which at its 48th session in 1993 granted the CSCE official observer status with the UN.
Creation of economic and currency union goes through three stages. At the first stage (even before the signing of the Maastricht Treaty), the liberalization of the movement of capital within the Union, the completion of the formation of a single market, and the development of measures to converge macroeconomic indicators should be ensured. The second stage (until the end of 1998) is the establishment of the European Monetary Institute, the development of a framework for the European System of Central Banks, headed by the European Central Bank (ECB), preparations for the introduction of a single currency - the euro, a common economic policy through the definition of multilateral control over their observance. The third stage should be completed by mid-2002 with the start of the functioning of the ECB, the implementation of a common monetary policy, the introduction of the European currency into non-cash, and then into cash circulation.
The political union covers a common foreign and security policy, justice and internal affairs. Politics and security are aimed at ensuring common European values and fundamental interests of the EU by coordinating positions and joint actions, including those of a military nature. Justice and home affairs include a wide range of issues from the right to travel, the introduction of common passports to the cooperation of courts in criminal cases.
The agreement provides for the introduction of a single EU citizenship, which is also unknown, not a single international organization. This is accompanied by the consolidation of certain political rights, in particular electoral ones. Every citizen residing in another Member State of the Union has the right to elect and be elected in municipal elections and elections to the European Parliament.
The organs of the EU are the European Council, the Council of Ministers, the Commission, the European Parliament, the Court.
European Council - the highest body of the Union - represents the periodic meetings of the heads of state and government, at which the general principles of the policy of the Union are agreed. Council of Ministers- these are monthly meetings of ministers on relevant issues (separately - the ministers of foreign affairs, economy and finance, agriculture). EU Commission - the main executive permanent body of the Union, coordinating and supervising the implementation of EU policy, with the right to issue binding directives. The Chairman of the Commission and its members have a 4-year term of office. The apparatus includes 23 general directorates, which are, as it were, small ministries. European Parliament includes 518 deputies directly elected by the entire adult population of the EU countries for 5 years. Previously, the parliament was an advisory body, now it is endowed with real legislative and control powers and is involved in decision-making in such important areas as legislative, financial, and foreign policy. Among the new functions are the appointment of an ombudsman, the acceptance of petitions, the creation of committees of inquiry.
Court of Justice(13 judges and 6 advocates general) has the powers of the supreme judicial authority in the area of EU jurisdiction. It is authorized to assess the legitimacy of the actions of the institutions of the Union and the governments of the Member States in the interpretation and implementation of the treaty norms of the Union. The Court resolves disputes (in specific cases) between EU member states and between them and EU bodies. He is also competent in the field of legal assessment of acts of EU bodies.
The European Union is an independent subject of international law. It develops broad international relations with other organizations, with states, is a party to agreements, has more than 100 foreign representations, including in the Russian Federation. On June 24, 1994, the Partnership and Cooperation Agreement was signed on the island of Corfu, establishing a partnership between the Russian Federation, on the one hand, and the European Communities and their Member States, on the other hand.
The Council of Europe as a regional international organization has existed since 1949. It was established by ten Western European states, and currently covers almost the entire European space. 40 states are members of the Council of Europe, including the Russian Federation since February 28, 1996.
The founding documents of this organization are the Charter of the Council of Europe of May 5, 1949 and the General Agreement on the Privileges and Immunities of the Council of Europe of September 2, 1949.
Russia's accession to the Council of Europe was preceded by certain measures, which included both the accession of the Russian Federation to a number of European conventions that do not condition participation in them with membership in the Council of Europe, and a set of measures approved by the order of the President of the Russian Federation of February 13, 1996. A few days earlier, 25 January 1996, the Parliamentary Assembly of the Council of Europe considered the application of Russia, filed on May 7, 1992, recommended the Committee of Ministers to invite the Russian Federation to become a member of the Council of Europe, accompanying the invitation, formulated in the form of Conclusion No. 193 (1996), with wishes in the form of 25 points , which were designated as obligations assumed by Russia. The procedure for the accession of the Russian Federation to the Statute of the Council of Europe and the General Agreement on the Privileges and Immunities of the Council of Europe took only 4 days: the relevant federal laws on accession were adopted by the State Duma on February 21, approved by the Federation Council on February 22, signed by the President of the Russian Federation on February 23, entered into force February 24, 1996
The official reception at a ceremony in Strasbourg on February 28, 1996 was accompanied by the signing of a number of European conventions on behalf of the Russian Federation.
According to the Statute, "the aim of the Council of Europe is to achieve greater unity among its members in order to protect and implement the ideals and principles that are their common heritage and to promote their economic and social progress" (Article 1). In accordance with Art. 3 each member of the Council shall recognize the principle of the rule of law and ensure to all persons under its jurisdiction the enjoyment of rights and fundamental freedoms.
Cooperation in order to achieve this goal includes the conclusion and implementation of conventions, protocols and agreements, the number of which has reached 170. Traditionally, they are referred to as European conventions, which are dedicated to human rights, education, culture, health, social security, sports, development of civil, environmental, administrative law , criminal law and process. .These include the Convention for the Protection of Human Rights and Fundamental Freedoms (1950), along with eleven protocols that supplement or modify certain provisions of it, the European Social Charter (1961, revised in 1996), the European Convention on Nationality (1998 d.), European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (1987), Framework Convention for the Protection of National Minorities (1995), European Charter of Local Self-Government (1985), a number of acts of criminal law and of a procedural nature - on extradition (1957), on mutual assistance in criminal cases (1959), on the transfer of proceedings in criminal cases (1972), on the transfer of convicted persons (1983), on compensation for victims of violent crimes (1983), on laundering, detection, seizure and confiscation of proceeds from crime (1990).
Bodies of the Council of Europe:
Committee of Ministers consisting of the foreign ministers of member states or other members of governments. The committee adopts opinions on matters under consideration in the form of recommendations to governments. On certain issues, its decisions are binding.
Parliamentary Assembly, which includes representatives of each member state, elected (appointed) from its parliament. Different representation is provided: from Germany, Great Britain, France, Italy, Russia - 18 each, from Spain, Turkey, Ukraine - 12 each, from Greece, Belgium, etc. - 7 each, from Austria, Bulgaria, etc. - 6 each, from the rest - 5, 4, 3, 2 representatives each. The Assembly is an advisory body that makes recommendations to the Committee of Ministers.
Congress of Local and Regional Authorities of Europe, representing the relevant bodies of the Member States and including delegations from territorial entities (according to quotas established for the Parliamentary Assembly). His work takes place in the Chamber of Local Authorities and the Chamber of Regions.
Secretariat, which is an administrative body of the Council of Europe and headed by the Secretary General (elected by the Parliamentary Assembly for 5 years).
The Convention for the Protection of Human Rights and Fundamental Freedoms provided for the creation of two special bodies - European Commission on Human Rights and the European Court of Human Rights. All member states of the Council of Europe were represented both in the Commission and in the Court. Protocol No. 11 to the Convention reorganized - replacing the Commission and the Court with a single permanent body - the European Court of Human Rights (see § 6 Chapter 10).
The headquarters of the Council of Europe is located in Strasbourg (France). The Permanent Mission of the Russian Federation is accredited at the headquarters. The official languages are English and French. A translation of a convention or other document into a language that is not recognized as official is called a version (for example, a translation into Russian is called the Russian version). However, in relation to a text that has passed the ratification procedure in the highest body of the state and is published in an official publication, the term "official translation" is used. Such an explanation is given when the Statute of the Council of Europe, the General Agreement on Privileges and Immunities of the Convention for the Protection of Human Rights and Fundamental Freedoms and other acts are published in the Collection of Legislation of the Russian Federation.
The Interdepartmental Commission of the Russian Federation for Council of Europe Affairs has been established as a coordinating body.
Commonwealth of Independent States
Creation of the CIS. In a difficult political situation associated with centrifugal tendencies within the USSR and attempts to replace the USSR with a confederal entity in the form of the Union of Sovereign States, the leaders of the three republics that are part of the USSR - the Republic of Belarus, the Russian Federation (RSFSR) and Ukraine - signed on December 8 1991 Agreement on the Establishment of the Commonwealth of Independent States (CIS) and stated in this document that "The Union of the SSR as a subject of international law and geopolitical reality ceases to exist."
After additional and wider contacts, the leaders of already eleven former Soviet republics signed on December 21, 1991, the Protocol to the said Agreement, according to which the Republic of Azerbaijan, the Republic of Armenia, the Republic of Belarus, the Republic of Kazakhstan, the Republic of Kyrgyzstan, the Republic of Moldova, the Russian Federation (RSFSR) , the Republic of Tajikistan, Turkmenistan, the Republic of Uzbekistan and Ukraine "on an equal footing and as High Contracting Parties form the Commonwealth of Independent States." At the same time, the Alma-Ata Declaration was adopted.
In the process of ratifying the Agreement and its Protocol in a number of States, complex problems arose, which were largely resolved. On December 9, 1993, the Republic of Georgia joined the CIS. At present, the Commonwealth unites 12 states - formerly Soviet republics of the USSR (only the Baltic states - the Lithuanian, Latvian and Estonian Republics - do not participate in the CIS).
A little over a year after the proclamation of the CIS, the Charter of the Commonwealth of Independent States was adopted. The corresponding decision was adopted by the Council of Heads of State of the CIS on January 22, 1993 and signed by the leaders of seven states - the Republic of Armenia, the Republic of Belarus, the Republic of Kazakhstan, the Republic of Kyrgyzstan, the Russian Federation, the Republic of Tajikistan and the Republic of Uzbekistan; later it was joined by the Republic of Azerbaijan (September 24, 1993), the Republic of Georgia (December 9, 1993), the Republic of Moldova (April 15, 1994).
At the same time, the leaders of all CIS states, including those not yet participating in the Charter, adopted a Statement in which they expressed a common positive position regarding the potential and increasing the efficiency of the CIS in the economic and political fields. The same document says that "The decision on the CIS Charter is open for signing by those states that are ready for it."
CIS Charter. The Agreement on the Establishment of the CIS, the Protocol to it and the Charter of the CIS constitute set of constituent acts of the Commonwealth, at the same time, from the point of view of content and prospects, the Charter (at least for the states that have recognized it) is of paramount importance.
The CIS Charter consists of a preamble and nine sections with 45 articles. It refers to the universally recognized principles and norms of international law, the provisions of the UN Charter, the Final Act and other documents of the CSCE.
In sec. I defined the goals of the Commonwealth, covering all spheres of interstate cooperation without exception. In Art. 3 reproduces the basic principles of international law, supplemented by such establishments as the rule of law in interstate relations and the spiritual unity of peoples, which is based on respect for their identity and the preservation of cultural values.
The Charter, as well as the Agreement of December 8, 1991, defines the areas of joint activities implemented through common coordinating institutions.
Section II is devoted to membership, III to collective security and military-political cooperation, IV to conflict prevention and dispute resolution, V to cooperation in the economic, social and legal fields.
The largest in terms of volume. VI regulates the structure, status, powers, procedure for the activities of the Commonwealth bodies.
It provides for the ratification of the Charter by the founding states in accordance with their constitutional procedures, the submission of instruments of ratification to the Government of the Republic of Belarus and the entry into force of the Charter in one of two options - either for all founding states from the moment of delivery of letters by all such states, or for the founding states, handed over their credentials one year after the adoption of the Charter. On behalf of the Russian Federation, the Charter was ratified by its Supreme Council on April 15, 1993. Other states that adopted the Charter ratified it during 1993. The last one, on January 18, 1994, was the Republic of Belarus. Consequently, the CIS Charter came into force by the expiration of a year after its adoption.
Legal nature of the CIS. Neither the original founding acts nor the CIS Charter contain a clear description of the legal nature of the Commonwealth, its legal status. The Alma-Ata Declaration limited itself to only the negative thesis that "the Commonwealth is neither a state nor a supranational entity." The Charter of the CIS includes (Part 3, Article 1) a similar formula: "The Commonwealth is not a state and does not have supranational powers."
A proper assessment cannot be limited to negation, it must include a positive decision. The denial of a supranational status, supranational powers does not exclude the qualification of the CIS as interstate entity with coordinating powers.
With the development and improvement of the organizational structure of the CIS, and especially with the adoption of the Charter and the introduction of its norms, the legal nature of the CIS takes on a fairly clear outline.
1. The Commonwealth was created by independent states and is based on the principle of their sovereign equality, and it is precisely this circumstance that is meant when assessing the derivative legal personality of an international organization.
2. The Commonwealth has its own Charter, which fixes the stable functions of the CIS, its goals and areas of joint activity of the member states, namely, such features characterize the functional legal personality of an international organization.
3. The Commonwealth has a clear organizational structure, an extensive system of bodies acting as coordinating interstate, intergovernmental and interdepartmental institutions (as they are qualified in separate acts of the CIS).
And although in the Charter itself only member states are referred to as subjects of international law (Part 1, Article 1), there are sufficient grounds to define the legal nature of the CIS as a regional international organization, as a subject of international law. On December 24, 1993, the Council of Heads of State adopted a Decision on certain measures to ensure international recognition of the Commonwealth and its statutory bodies. Among these measures is an appeal to the UN Secretary General with a proposal to grant the CIS observer status in the UN General Assembly. This resolution was adopted by the General Assembly in March 1994.
Membership in the CIS. The specifics of membership in the CIS, according to Art. 7 and 8 of the Charter, lies in the fact that they differ:
a) the founding states of the Commonwealth are the states that have signed and ratified the Agreement on the Establishment of the CIS and the Protocol to it by the time of the adoption of this Charter;
b) the member states of the Commonwealth are those founding states that assume obligations under the Charter within one year after its adoption by the Council of Heads of State (that is, before January 22, 1994);
c) acceding states are states that have assumed obligations under the Charter by acceding to it with the consent of all member states;
d) states with the status of an associate member are states that join the Commonwealth on the basis of a decision of the Council of Heads of State with the intention of participating in certain types its activities on the terms determined by the associate membership agreement.
The meaning of distinguishing a special category of member states from the total composition of the participating states is not entirely clear, since in various articles of the Charter only one term "member states" is used and, judging by the meaning, all the states participating in the CIS are meant here, regardless of the moment of assuming obligations under the Charter.
It is allowed for a state to withdraw from the Commonwealth, subject to notification of such intention 12 months before the withdrawal.
Legal regulation of joint activities. The areas of joint activity of the Member States, implemented on an equal basis through common coordinating institutions, include (Article 7 of the Agreement and Article 4 of the Charter):
- ensuring human rights and fundamental freedoms;
- coordination of foreign policy activities;
- formation and development of a common economic space, customs policy;
- development of transport and communication systems;
- health and environmental protection;
- issues of social and migration policy;
- fighting organized crime;
- defense policy and protection of external borders. By mutual agreement of the Member States, the list may be supplemented.
Multilateral and bilateral agreements are considered as the legal basis for interstate relations.
Over the past period of existence of the CIS, a wealth of experience in contractual cooperation in various fields has been accumulated. We can note such acts as the Collective Security Treaty of May 15, 1992, the Treaty on the Establishment of the Economic Union of September 24, 1993, the Agreement on Cooperation in the Field of Investment Activities of December 24, 1993, the Agreement on the Establishment of a Free Trade Zone of April 15, 1994, Agreement on Cooperation and Mutual Assistance in Customs Matters of April 15, 1994, Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters of January 22, 1993, etc.
System of organs of the CIS. There are two types of bodies in the structure of the CIS: 1) bodies provided for by the Charter (statutory bodies), and 2) bodies created on the basis of agreements or by decision of the Council of Heads of State and the Council of Heads of Government (other bodies).
The first group includes the Council of Heads of State, the Council of Heads of Government (the decision to establish them was made on December 21, 1991), the Coordinating and Consultative Committee, the Council of Foreign Ministers, the Council of Defense Ministers, the Council of Commanders of the Border Troops, the Economic Court, the Commission on human rights. The second group includes the Executive Secretariat, the Council of Heads of Foreign Economic Departments, the Interstate Council for Antimonopoly Policy, the Interstate Council for Natural and technogenic character, the Bureau for Coordinating the Fight against Organized Crime and Other Dangerous Types of Crime in the CIS and many others. In most cases, an agreement or decision to establish a body is accompanied by the approval of its regulations.
States have permanent plenipotentiaries with the statutory and other bodies of the Commonwealth in order to maintain mutual relations, protect the interests of the sending state, participate in meetings of bodies, in negotiations, etc. According to the Regulations on such representatives, approved on December 24, 1993, representatives use territories of states that have recognized the institution of representatives, privileges and immunities granted to diplomatic agents.
Based on this international act On June 11, 1996, the Decree of the Government of the Russian Federation approved the Regulations on the Permanent Representation of the Russian Federation to the statutory and other bodies of the CIS. It is regarded as a diplomatic mission of the Russian Federation and is located in Minsk. As a legal basis for its activities, along with federal regulations, the norms of the Vienna Convention on Diplomatic Relations and other norms of international law are indicated.
Council of Heads of State is, according to Art. 21 of the Charter, the supreme body of the Commonwealth. It discusses and decides on fundamental issues of the activities of the Member States in the sphere of their common interests and meets twice a year (extraordinary meetings are possible).
Council of Heads of Government coordinates the cooperation of the executive branch of the Member States and meets four times a year.
Decisions of both bodies are taken by common consent - consensus. Any state can declare its lack of interest in a particular issue, which is not considered as an obstacle to decision-making.
Advice Ministers of Foreign Affairs (FMD) carries out coordination of the foreign policy activities of the member states, interaction of diplomatic services, cooperation with the UN, OSCE and other international organizations, develops proposals for the Council of Heads of State and the Council of Heads of Government and ensures the implementation of their decisions. Meetings of the Council of Foreign Ministers are held at least once every three months, decisions are made by common consent.
Advice Ministers of Defense (CMO) in charge of issues military policy, military construction and security, coordinates the activities of the ministries (committees) of defense of the member states, submits proposals to the Council of Heads of State and the Council of Heads of Government on the composition and mission of the Commonwealth Joint Armed Forces, the principles of their training and logistics, on nuclear policy, etc. d.
The High Command of the Joint Armed Forces exercises control over them, as well as groups of observers and collective peacekeeping forces in the Commonwealth.
Advice commanders of the border troops is competent in matters of protecting the external borders of the Member States and ensuring a stable position on them.
Coordinating Advisory Committee is a permanent executive body of the Commonwealth. In pursuance of the decisions of the Council of Heads of State and the Council of Heads of Government, it develops proposals on cooperation within the CIS, organizes meetings of representatives and experts to prepare draft documents, ensures that meetings of the Council of Heads of State and the Council of Heads of Government are held, and promotes the work of other bodies.
Executive Secretariat is in charge of organizational and administrative issues of the CIS activities; it is headed by the Executive Secretary of the CIS.
Economic Court - a body for considering disputes on applications from the CIS member states and Commonwealth institutions, as well as interpreting legal issues (see § 5, chapter 10).
Human Rights Commission is, according to Art. 33 of the CIS Charter, an advisory body that monitors the implementation of human rights obligations assumed by member states within the Commonwealth. It consists of representatives of states and acts on the basis of the Regulation approved by the decision of the Council of Heads of State on September 24, 1993 (see § 4, Chapter 13).
working language Commonwealth is the Russian language (Article 35 of the Charter).
Place of stay the majority of the permanent bodies of the CIS, including the Coordinating and Advisory Committee, the Executive Secretariat, the Economic Court and the Commission on Human Rights, is the city of Minsk.
¦ According to the legal nature and their role in international relations, international organizations are divided into intergovernmental, interparliamentary and non-governmental;
¦ according to the areas of activity, they distinguish general organizations (UN) and special organizations (ICAO, IMCO, Interpol Eurojust, etc.);
According to the number of participants, international organizations are divided into universal(UN) and regional(CIS, European Union, League of American States, etc.).
International intergovernmental organizations(IMO) are created to achieve certain goals in certain areas of international relations. Such international organizations cannot be equated with sovereign states. They are derivative subjects of international law. Their appearance and liquidation depend on the will of the states that create them, which is expressed in the constituent act; it also establishes the rights and obligations of an international organization, as well as its goals, objectives and competence. Officially appointed representatives and delegations participate in the activities of all bodies of international, intergovernmental organizations; a number of organizations have special representations of states. Since the participants in international organizations are sovereign states, they cannot acquire a supranational character.
International non-governmental organizations(INGOs) are any international organizations not established on the basis of intergovernmental agreements. Such organizations have a number of rights and obligations: they can conclude contracts for the employment of personnel, own movable and immovable property, act in judicial and arbitration bodies. Some of them have consultative status in the UN system. Two categories of such status are established: Category I (general consultative status) is granted to those INGOs that are associated with most activities of the UN Economic and Social Council (ECOSOC), can make a permanent and significant contribution to the activities of the UN (World Federation of Trade Unions, Inter-Parliamentary Union, etc. .); Category II (special consultative status) is granted to INGOs that have special competence only in certain types of ECOSOC activities (International Association of Democratic Lawyers, International Organization of Journalists, etc.). INGO is a broad and mass anti-war movement, in which people of various social status, political views and ideological convictions are active.
The legal nature of international organizations is constituted by international agreements (constituent acts) on the establishment of such organizations. These agreements regulate issues of competence, membership, decision-making procedures and other conditions. The activity of international organizations in relation to a particular state party is determined by the national legislation of this state and the nature of its political integration in the system of international relations.
United Nations(UN) occupies a central place in modern international relations. The Soviet Union played a decisive role in its creation. The UN was formed in the course of the peoples' struggle against fascism. The first international agreement that put forward the idea of creating an international organization for the maintenance of international peace was the Declaration of the Soviet Union and Poland of December 4, 1941, which spoke of the need to create an international organization based on respect for international law, supported by the collective armed force of all states. This idea was approved by the allied states that signed the Declaration of the United Nations on January 1, 1942 (hence the name for this international organization was taken).
The next step towards the creation of the UN was the Moscow Conference of the Ministers of Foreign Affairs of the USSR, the USA and England (October 19–30, 1943). The adopted declaration expressed the need to establish in the shortest possible time a universal international organization for the maintenance of international peace and security, based on the principle of the sovereign equality of all peace-loving states, of which all such states, large and small, can be members. In accordance with the Moscow Declaration, on August 21, 1944, a conference was held to develop the Charter of the future international organization, at which proposals on the Charter, structure, and functions of the main UN bodies were basically agreed upon.
At the Crimean Conference (February 1945), agreements were reached on the procedure for voting in the Security Council and on the composition of the initial members of the future organization, and it was also decided to convene an international conference on April 25, 1945 to adopt the UN Charter. Fifty states participated in its work, and it ended with the signing of the UN Charter on June 26, 1945. After its ratification and the delivery of instruments of ratification by the five permanent members of the Security Council and the majority of other states, the UN Charter, which is the greatest normative act of all times and peoples, entered into force October 24, 1945
The purposes of the UN are enshrined in Chapter I of the UN Charter, which contains two articles: the first establishes the purposes, the second - the principles of the UN. Thus, the UN Charter considers the purposes and principles in close, inseparable connection. The first goal of the UN is the maintenance of international peace and security. To achieve this goal, States have committed themselves to taking effective collective measures to prevent and eliminate threats to the peace and suppress acts of aggression and other violations of the peace. The second goal of the UN is the development of friendly relations among peoples, that is, not only the prevention of acts of aggression and situations dangerous to the world, but also the implementation of a broad program for the development of cooperation between UN members. The third goal of the UN is to be the center of international cooperation in the economic, social, cultural, humanitarian and other fields. The goals of the UN correspond to the basic principles in accordance with which both the organization itself and its members must act. These principles concretize, clarify the goals and determine the ways and methods of achieving them.
Membership in the UN, according to Art. 4 of the UN Charter, is open to all peace-loving states that accept the obligations contained in the Charter and are able and willing to fulfill these obligations. Admission to the UN is made by the decision of the General Assembly on the recommendation of the Security Council (Article 4, paragraph 2), adopted by the votes of at least nine members of the Security Council, including the concurring votes of its permanent members; the decision of the General Assembly is taken by a two-thirds majority of the UN members present and voting (Article 18, paragraph 4). States that systematically violate the UN Charter may be expelled from the UN by a decision of the UN General Assembly on the recommendation of the Security Council (Article 6).
The budget of the UN consists of the membership dues of states. The overall expenditure of the UN is determined by the Administration and Budget Committee and approved by the UN General Assembly. General Assembly resolutions on budgetary matters are approved by a two-thirds majority and are legally binding on UN member states. After the approval of the budget, its revenue is distributed among the Member States in accordance with the scale of assessments. In addition to the regular budget, which is replenished from membership dues, the UN receives voluntary contributions from other sources.
Structure of the UN, according to Art. 7 of the Charter of the organization, includes main and subsidiary bodies. The latter are created by the main bodies as needed. The main organs of the UN are the General Assembly, the Security Council, the Economic and Social Council (ECOSOC), the Trusteeship Council, the International Court of Justice, and the Secretariat.
United Nations General Assembly consists of representatives of all UN member states. It organizes its work by meeting annually in session. Special sessions may also be convened at the request of the Security Council or a majority of UN members. In the event of an act of aggression against one of the members of the UN, at the request of the Security Council or a majority of the members of the UN, an emergency special session may be convened within 24 hours. The General Assembly performs its functions during sessions with the help of seven main committees: the political and security committee; special committee; Committee on Economic and Financial Affairs; Committee for Special, Humanitarian and Cultural Affairs; Trusteeship and Non-Self-Governing Territories Committee; Committee on Administrative and Budgetary Affairs; legal affairs committee. To coordinate the work of the committees, a General Committee is created, consisting of the Chairman of the Assembly, his seventeen deputies and the chairmen of the seven main committees.
Being the main organ of the UN, the General Assembly is authorized to discuss any issues related to the powers of any of the UN bodies and make recommendations to the UN members and the Security Council (UN Charter, Article 10). The General Assembly is competent: to consider the general principles of international cooperation in the maintenance of peace and security and to make recommendations; conduct research and make recommendations for the promotion of international cooperation in the political field, the development of international law and its codification, the exercise of human rights and fundamental freedoms and the promotion of international cooperation in the economic and social fields, in the field of culture, education and health (art. 11).
The General Assembly receives and considers the annual and special reports of the Security Council, as well as those of other principal organs. The powers of the General Assembly are limited, taking into account the special powers of the Security Council. One such limitation is the disputes in respect of which the Security Council exercises the functions assigned to it by the UN Charter; any question on which a decision on action needs to be taken is referred by the General Assembly to the Security Council for consideration before or after its discussion (art. 11). Another category of powers of the General Assembly concerns the admission of new members to the organization, exclusion from UN members, elections: non-permanent members of the Security Council, the Secretary General, members of ECOSOC, the Trusteeship Council, the International Court of Justice. The General Assembly reviews and approves the UN budget.
Each UN member has one vote in the General Assembly. Decisions on important issues (election of non-permanent members of the Security Council, members of the ECOSOC, the International Court of Justice, the Secretary General, admission to the UN and expulsion from the UN) are taken by a two-thirds majority of the members of the Assembly present and voting. Decisions on other issues are taken by a simple majority of the members present and voting. Decisions (recommendations) adopted on such issues do not legally bind UN members. However, not a single UN member state can ignore the moral force of these resolutions as expressing the opinion of the majority of the world's states. When evaluating the legal force of UN General Assembly resolutions, one should keep in mind not their legal form, but their political significance for the international community, their impact on the domestic and foreign policies of individual states. Some resolutions of the General Assembly, which are of decisive importance for the preservation of peace and adopted unanimously (by consensus), are binding on all countries (for example, resolution No. 3314 of December 14, 1974 "Definition of aggression").
Security Council occupies a special place in the system of the main organs of the UN, which is determined by the nature of its powers. To ensure swift and effective action, the Security Council is given primary responsibility for the maintenance of international peace and security; UN member states have agreed that in the performance of these duties arising from such responsibility, the Security Council acts on their behalf (Article 24). It is organized in such a way as to function continuously. For this purpose, each of its members must always be represented at the headquarters of the United Nations. On January 31, 1992, a summit meeting of the Council was convened for the first time with the participation of heads of state and government and ministers of foreign affairs. The Council may hold its meetings not only at the headquarters of the UN. So, in 1972 he met in Addis Ababa (Ethiopia), in 1973 - in Panama (Panama).
The nature of the powers of the Security Council has left an imprint on its composition, functions, procedures and decision-making. Unlike the General Assembly, the Security Council is a permanent main body. The UN Charter proceeds from the fact that the Security Council must ensure the speed and effectiveness of the UN's actions (Article 24, paragraph 1). To this end, the Security Council is organized in such a way that it can function continuously (art. 28). Each member of the Security Council has a permanent representative at the seat of the UN; these representatives alternately (within one month) serve as chairman of the Security Council.
The composition of the Security Council is not numerous. It includes 15 states, of which 5 are permanent members - Russia, the USA, England, France and China, and 10 are non-permanent, elected by the UN General Assembly for a period of two years without the right to immediate re-election. The permanent members of the Security Council bear the main burden of responsibility for the fate of mankind.
The special role of the Security Council is also manifested in its decision-making. In accordance with Art. 25 of the UN Charter states have committed themselves to obey the decisions of the Security Council and carry them out. Issues discussed in the Security Council are divided into procedural and non-procedural. Decisions on non-procedural issues are considered adopted if they are voted for by at least 9 members of the Security Council, including the concurring votes of all permanent members. The principle of unanimity (“rule of veto”) of the permanent members of the Security Council excludes the possibility of the UN turning into an instrument of pressure of one state or group of states and serves to put into practice the principles of peaceful coexistence of all states, which is the most essential guarantee of peace.
On procedural issues, a decision is considered adopted if at least 9 of any members of the Security Council voted for it.
The Security Council is endowed with great powers in the peaceful settlement of disputes between states. These powers are enshrined in Chapter VI of the UN Charter. So, according to Art. 33, the Security Council may require the parties to resolve their dispute by the peaceful means listed in this article; The Security Council itself may investigate any dispute or any situation that may lead to international friction (art. 34), and also recommend a procedure or methods for settling a dispute (art. 35). Decisions to settle a dispute are taken by at least nine votes, including the concurring votes of all permanent members. If a permanent member of the Security Council is involved in the dispute, it shall abstain from voting.
Under Chapter VII of the UN Charter, the Security Council is empowered to determine the existence of any threat to the peace, any breach of the peace or act of aggression, and to decide on measures to be taken to maintain or restore international peace. Only the Security Council has the right to take enforcement action aimed at maintaining or restoring peace.
The Security Council may take measures not related to the use of armed forces, including the complete or partial interruption of economic relations, rail, sea, air, postal, telegraph, radio or other means of communication, as well as the severance of diplomatic relations (Article 41). If these measures prove insufficient, then the Security Council may take action by air, sea or land forces to maintain or restore international peace and security (Article 42).
United Nations Armed Forces these are the contingents of the armed forces of the UN member states, placed at the disposal of the Security Council to maintain or restore international peace and security in cases of threats to the peace, violations of the peace and acts of aggression. UN military forces act only in exceptional cases, when other measures have proven insufficient.
The creation of the UN Armed Forces is the exclusive right of the Security Council; he also has exclusive competence in resolving all issues related to the creation and functioning of such forces, including strategic and tactical leadership, composition, strength, structure, command, equipment, supplies and financing. All decisions relating to the UN Armed Forces are taken by the Security Council only with the unanimity of all its permanent members.
According to the UN Charter, the Security Council should be provided with armed forces in the form of national contingents (Articles 44, 45) on the basis of an agreement between the Security Council and a UN member state that agreed to the allocation of its troops to the disposal of the Security Council (Article 43). Such an agreement should determine the number and type of troops, the degree of their readiness, the nature of the means of service and assistance provided. The agreement is approved by the Security Council and ratified by the state that signed it. When forming the UN Armed Forces, the principle of equitable geographical representation is taken into account, which provides for the participation in these forces of armed contingents from countries of all regions of the world.
When placed at the disposal of the Security Council, troop contingents retain their national status: they are subject to discipline in accordance with their charters; they are headed by commanders appointed by the authorities of the respective state. Consequently, the UN does not have its own armed forces and cannot create them, but uses the military potential of the members of the world community.
All questions connected with the organization of the UN Armed Forces, as well as with their command, are within the competence of the Security Council. Strategic leadership of such troops is called upon to be carried out by the Military Staff Committee (MSC) under the leadership of the Security Council. According to Art. 47 of the UN Charter, the MSC consists of the chiefs or representatives of the headquarters of the permanent members of the Security Council, as well as from the working apparatus.
When creating the UN Armed Forces great importance have issues of supply, providing them with various kinds of equipment, transport and other assistance, including financial. All these issues are regulated by agreements concluded in accordance with Art. 43 of the UN Charter. The financing of the UN Armed Forces, as well as the total amount of expenses and the scale of contributions, are established by the UN General Assembly.
There have been attempts in history to circumvent the provisions of the UN Charter by eliminating the exclusive competence of the Security Council to create the UN Armed Forces and vesting such competence in the UN General Assembly. For example, in 1950, in connection with the aggression against the DPRK, the so-called UN Armed Forces were created on the basis of a resolution of the UN General Assembly, which does not have these powers.
Since 1948, more than 50 peacekeeping operations. Peacekeeping was originally conceived as a means of resolving interstate conflicts and involved the deployment of military personnel from a number of countries under UN command to contain and resolve armed conflicts. Nowadays, peacekeeping activities are increasingly carried out in connection with intra-State conflicts. The range of tasks performed by the UN Armed Forces is wide: from the peaceful separation of the opposing sides to assisting them in the implementation of peaceful cooperation. This means helping to implement peace agreements, monitoring ceasefires, establishing buffer zones (zones of separation) and political institutions, working with governments, non-governmental organizations and local citizen groups to provide relief assistance, demobilize members of military formations and reintegrate them. in the life of civil society, demining territories, organizing and holding elections and promoting peaceful life.
While there is no mention of peacekeeping operations in the UN Charter, the Security Council is given primary responsibility for the maintenance of international peace and security. The Council establishes peacekeeping missions and determines their mandate. The five permanent members of the Council - China, Russia, France, the United States of America and the United Kingdom - can veto any decision regarding peacekeeping operations. The Secretary General directs and directs these operations and reports to the Council accordingly. Through the Department of Peacekeeping Operations, the Secretary-General develops policies and procedures and makes recommendations for the establishment of new and the operation of existing missions.
The military personnel of UN peacekeeping missions do not swear allegiance to the UN. Governments that voluntarily provide military and civilian personnel clearly stipulate the conditions for their participation in peacekeeping operations. Governments have the final say in matters (including disciplinary and personnel matters) relating to the use of their military contingents that serve under the UN flag. Participants in peacekeeping operations wear national military uniforms. They also wear blue berets or helmets and badges with the United Nations emblem to indicate their membership of the peacekeeping force. Military personnel participating in peacekeeping operations receive remuneration from the governments of their countries in accordance with national legislation. The UN reimburses countries that volunteer troops for peacekeeping operations at a flat rate. The UN also pays countries compensation for property, weapons and equipment placed at the disposal of UN missions.
All Member States of the UN share the risk involved in the maintenance of peace and security. Since 1948, 123 states have provided their personnel at various times. As of 2000, 89 countries contributed military and civilian police personnel, numbering some 38,000. The most numerous contingents were provided by: India - 4460 people, Nigeria - 3441, Jordan - 3400, Bangladesh - 2394 and Ghana - 1894. The small island state of Fiji took part in almost all UN peacekeeping operations; the same can be said about Canada. Non-UN member states also contribute to peacekeeping by providing funds, medical equipment and personnel, etc.
Enforcement actions legally unequal to UN peacekeeping operations. They are traditionally carried out with the consent of the warring parties and provide for the deployment of peacekeeping operations to implement the agreements reached by these parties. In the case of enforcement action, the Security Council authorizes UN member states to take all necessary measures to achieve the set goal. In this case, the consent of the parties is not required. In the history of the UN, coercive measures have been taken only a few times: during the wars in the Persian Gulf, Somalia, Rwanda, Haiti, Bosnia and Herzegovina, Albania and East Timor. These operations were not carried out under UN command. They were led by any one country or group of countries. For example, the international force whose deployment to East Timor was authorized by the Security Council in 1999 was commanded by Australia and included troops from 22 UN member states. In Bosnia and Herzegovina, a NATO-led multinational force replaced the UN peacekeeping mission in 1995. In June 1999, the Security Council authorized an international security presence in Kosovo; it is carried out under the leadership of NATO and jointly with the UN peacekeeping mission.
In accordance with Art. 41 of the UN Charter, the Security Council may require the UN member states to apply sanctions - measures not related to the use of armed forces, to maintain or restore international peace and security. Referring to chapter VII The UN Charter, the Security Council imposed such sanctions on Angola, Afghanistan, Haiti, Iraq, Liberia, Libya, Rwanda, Somalia, Sudan, Sierra Leone, Eritrea and Ethiopia, South Africa, the former Yugoslavia and Southern Rhodesia. As the crises were resolved, the imposed sanctions were completely lifted.
Thus, the Security Council can play an effective role in maintaining peace. "For all its shortcomings, the Security Council remains an indispensable tool in moments of acute international crises, the place where the rapid development of events can be slowed down and a way to avoid a fatal confrontation can be found."
Economic and Social Council(ECOSOC) is the main body coordinating the economic and social activities of the UN and specialized agencies and organizations. He organizes research, draws up reports and makes recommendations on international issues in the economic and social fields, in the fields of culture, education, health, world trade, development natural resources, international protection of human rights and freedoms, population, crime prevention, etc. ECOSOC coordinates the activities of specialized institutions. It consists of 54 members, one third of whom are annually re-elected by the UN General Assembly for three years. According to the established practice, the permanent members of the Security Council are re-elected to the ECOSOC for each regular term.
The supreme body of ECOSOC is a session that is convened twice a year. Each member of the Council has one vote. Decisions of ECOSOC are taken by a simple majority of votes. The bodies of the Council are three sessional committees - economic, social and coordinating. The Council has many subsidiary bodies. Under the leadership of ECOSOC, there are 5 regional economic commissions: for Europe, Western Asia, Latin America and the Caribbean, Africa, Asia and the Pacific.
Consider activity Guardian Council. The trusteeship system was extended to some territories that were previously under the mandate of the League of Nations, as well as to territories that were torn away from enemy states as a result of the Second World War. A total of 11 territories were under international trust. After the adoption of the Declaration on the Granting of Independence to Colonial Countries and Peoples (1960), these territories became independent states. Currently, there is no territory under UN trusteeship. The Trusteeship Council suspended its work on November 1, 1994, after the last remaining Trust Territory, Palau, gained independence.
Secretariat- a permanent administrative body of the United Nations, which includes the Secretary-General and the staff appointed by him. General Secretary - main administrative executive United Nations, appointed by the General Assembly on the recommendation of the Security Council for a period of 5 years. The Secretariat works under the leadership of the General Assembly, and in some cases - under the control of the Security Council, performs mainly administrative and technical functions for servicing the UN; it is also entrusted with the responsibility of drawing up and executing the budget, collecting contributions, and coordinating the socio-economic activities of the UN and its specialized agencies.
Thus, the United Nations occupies an important place in the system of international relations as a center of cooperation between sovereign independent states. Russia has always considered the UN as an effective instrument of peace. “The main center for regulating international relations in the 21st century. should remain the United Nations. Russia will resolutely oppose attempts to belittle the role of the UN and its Security Council in world affairs.”
regional organizations, unlike the UN, which is designed to ensure the peace and security of its members, they solve local problems. The UN Charter permits the creation of regional international organizations for the maintenance of international peace and security, provided that their activities comply with the purposes and principles of the UN (Article 52). Regional international organizations are built on the universally recognized principles of international law. The basis of legitimacy regional organization is its compliance with the UN Charter, which requires the states-participants of a regional agreement to make every effort to achieve a peaceful resolution of local disputes (Article 52, paragraph 2).
The goal of regional collective security organizations is the same as universal ones - the maintenance of international peace and security. To achieve this goal, regional collective security systems specify and direct their activities in such a way that, taking into account the specific features of a given geographical area, more effectively use all the means available to the states of this area to preserve and strengthen peace. The scope of their activities is limited. First, regional organizations are not authorized to take any decisions on issues affecting the interests of all the states of the world, or the interests of states belonging to other regions; secondly, the participants in a regional agreement have the right to resolve only such issues that are suitable for regional action (Article 52).
Given the objectives of regional organizations, the UN Charter determines the means by which these organizations may use to achieve these objectives. Art. 52 instructs the Security Council to encourage the resolution of disputes between states of the same area with the help of regional organizations, and the states themselves, before referring a dispute to the Security Council, must try to resolve it within the framework of a regional agreement. The Security Council may use regional organizations to carry out coercive measures under its own authority. The regional organizations themselves cannot apply any coercive measures without the decision of the Security Council. Regional organizations may apply coercive measures only to repel an attack that has already been committed against one of the participants in the regional system of collective security.
The regional organizations are the Commonwealth of Independent States, the Organization of African Unity and the League Arab States.
Organization of African Unity(OAU) is an interstate political regional organization established in May 1963. The OAU includes 51 African states; as observers it consists of representatives of the national liberation movements of Namibia and the Republic of South Africa. The objectives of the OAU are:
¦ strengthening the unity of African countries;
¦ coordination and development of all-round cooperation;
¦ protection of the sovereignty, territorial integrity and independence of the countries of the continent. To fulfill these tasks, the members of the OAU have committed themselves to coordinating their actions in the fields of foreign policy, economics, science and technology, defense and security, education, culture and health.
The activities of the OAU are based on the universally recognized principles of international law. The main organs of the OAU include the Assembly of Heads of State and Government (meets once a year), the Council of Ministers of the OAU (meets twice a year), the General Secretariat (a permanent administrative body). In addition, the OAU has commissions on economic and social issues; on education, science, culture and health; on defense matters.
Arab League(LAS) is a regional organization founded on March 22, 1945. Its members are 21 states and the Palestine Liberation Organization (PLO). Goals of the LAS:
¦ strengthening relations between the member states of the organization and coordinating their political activities;
¦ implementation of comprehensive cooperation in the field of economy, culture, finance, transport, in matters of citizenship;
¦ protection of the independence and sovereignty of the participating countries;
¦ the return of the Arab territories occupied by Israel;
¦ realization of the rights of the Arab people of Palestine.
The supreme body of the Arab League - the Council, consisting of the heads of state and government, is convened at the session twice a year. Between sessions, the activities of the LAS are led by the Secretary General, who is elected for a five-year term. Council decisions are binding only on those states that voted for them. The military organization of the Arab League also has its own cooperation bodies: the Joint Defense Council, composed of foreign and defense ministers; a permanent military committee of representatives of the main headquarters, which develops defense plans; Permanent military secretariat.
Organization of American States(OAS) was established on April 30, 1948. 35 states of America and the Caribbean are members of the OAS. The supreme body of the OAS is the General Assembly, convened once a year and determining the direction of the OAS; the permanent body of the OAS is the General Secretariat. The structure of the organization includes the Economic and Social Council and the Council for Education, Science and Culture. The highest military advisory body of the OAS is the Defense Council. The objectives of the OAS, according to the Charter, which entered into force in February 1970, are:
¦ maintaining peace and security in the Western Hemisphere;
¦ settlement of disputes between member states of the organization;
¦ development of cooperation in the economic, political, social, scientific, technical and cultural fields.
International organizations have been and remain an instrument of political confrontation between states for their vital interests. Thus, the United States used the OAS as an instrument of its economic and political hegemony in the Western Hemisphere. Under US pressure, in 1962 Cuba was expelled from the OAS, in 1954 the OAS supported the American occupation of Guatemala, in 1964 - Panama, in 1965 - Dominican Republic, in 1983 - Grenada.
In modern conditions, Russia is in favor of further reducing the role of the factor of force in international relations while strengthening strategic and regional stability. Being ready for a substantive dialogue on improving the legal aspects of the use of force in international relations in the context of globalization, Russia proceeds from the fact that the search for forms of the international community's response to various acute situations, including humanitarian crises, should be carried out collectively, on the basis of strict observance of international law.
North Atlantic Treaty Organization(NATO) was established on the basis of an agreement signed on April 4, 1949 in Washington. NATO members are 26 states, 20 maintain partnership relations with it and are not part of it. military organization(according to 2001 data). Article 5 of the treaty stipulates that in the event of an armed attack on one or more of its members, other NATO members will immediately provide such assistance as they deem necessary, including the use of armed force. Art. 4 of the treaty provides for consultations between the parties whenever territorial integrity is threatened, political independence or the safety of either party. The admission of new members to the Alliance is carried out in accordance with Art. 1 ° of the North Atlantic Treaty, which states that other European states capable of developing the principles of the treaty and contributing to the security of the North Atlantic region may be invited to join the alliance. Thus, in recent years, Hungary, Poland, the Czech Republic, Bulgaria, Latvia, Lithuania, Romania, Slovakia, Slovenia and Estonia have become NATO members. The North Atlantic Treaty defines that each of the countries undertakes to contribute to the development of peaceful and friendly international relations in various ways, including the strengthening of their free institutions and the development of conditions for stability and prosperity. The Treaty also provides for efforts to eliminate conflicts in the international economic policy of the member states and develop cooperation between them.
The session of the NATO Council is the highest political body, convened twice a year at the level of the ministers of foreign affairs, defense, finance and economy. During the break between sessions, the Permanent Council of NATO functions. The current work is carried out by the International Secretariat under the leadership of the Secretary General of NATO.
NATO Armed Forces They are subdivided into joint armed forces (JAF) transferred to NATO by its members, and armed forces under national subordination. For each of the participating countries, goals and objectives are set on an agreed basis in the event of an armed conflict, the number, combat composition and deployment of national armed forces and the procedure for their interaction with coalition armed forces are determined.
The Defense Planning Committee is the supreme body of NATO's military command; he considers questions relating to the leading military bodies, the organization and use of the combined armed forces, and approves the strategic doctrines of the bloc. The highest executive military body is the Military Committee, which develops strategic plans and determines the direction of the construction of the JAF. NATO's advisory body is the Nuclear Defense Committee, and the working body of this committee is the Nuclear Planning Group, which, meeting twice a year, deals with the development of issues of the use of nuclear weapons by the Allied Forces. The main decisions of the Group are subject to the approval of the NATO Council. The direct leadership of the Allied Forces in possible theaters of military operations is carried out by the NATO High Command in the English Channel and the US-Canada Regional Strategic Planning Group.
Russia has developed a certain relationship with NATO that allows for cooperation programs on a wide range of practical security issues that serve the interests of these countries and Europe as a whole. Russia joined the Euro-Atlantic Partnership Council, but suspended its participation in a number of programs after NATO's decision to take military action to end the conflict in Kosovo. However, despite the controversy regarding the use of military force Allies have worked closely with Russian government officials in diplomatic efforts to end the conflict in Kosovo and reach a political solution.
NATO has committees responsible for forward planning in areas such as political consultations, military operations, arms cooperation and other areas. These committees provide advice on the conduct of business to the North Atlantic Council, NATO's highest decision-making body, or to the NATO Defense Planning Committee, which deals primarily with matters related to NATO's integrated military structure. Consultations are also held on economic issues related to security, including issues such as defense spending and the conversion of defense industries.
NATO also cooperates in such areas as civil emergency planning, disaster relief, scientific and environmental programmes. While contingency planning is primarily the responsibility of nations themselves, NATO's activities contribute to providing the best possible effective use union civilian resources.
NATO implements a number of international exchange programs on scientific and environmental issues, as well as on defense issues, the solution of which is possible only through joint efforts.
Other regional military-political treaties are also in force in the modern world: the pact of Australia, Malaysia, New Zealand, Thailand, the Philippines, South Korea and Japan (AZPAK), created in 1966; Pacific Security Pact with the participation of Australia, New Zealand and the United States (ANZUS), created in 1952, etc.
United Nations specialized agencies are international organizations which, according to Art. 57 of the UN Charter, are created on the basis of intergovernmental agreements and are centers for coordinating the actions and cooperation of states in the fields of economy, culture, education, and healthcare. The specialized agencies carry out their relationship with the UN with the help of ECOSOC, in accordance with Art. 63 of the UN Charter and on the basis of special agreements on cooperation and coordination.
The principles of operation of specialized institutions are enshrined in their statutes. The main purpose of specialized institutions is the development of peaceful and friendly relations between states. To this end, the specialized agencies are called upon to:
¦ coordinate the activities of states in the relevant field;
¦ develop and adopt international conventions on special issues;
¦ organize assistance to countries in need;
¦ to exchange information.
The specialized agencies adopt recommendations on matters within their competence that are not binding on their members. The state itself determines whether to act on the recommendation or not. This shows the legal nature of international organizations operating on the basis of sovereign equality.
International Maritime Organization(IMO) was established in 1958 to ensure cooperation between states in solving technical issues related to international merchant shipping; promoting the adoption of practical standards for maritime safety; elimination of various forms of discrimination in merchant shipping; prevention of pollution of the seas and oceans. IMO members are 166 states, 36 state and 63 non-state organizations (according to 2006 data). The activities of the IMO are mainly of a consultative and deliberative nature; this organization develops projects international conventions by maritime law. The supreme body of the IMO - the Assembly - meets in session once every two years, considers and approves technical recommendations, rules, proposals for the implementation of international conventions on shipping. Between sessions of the Assembly, the work of the IMO is governed by a Council which meets twice a year. The IMO has committees on maritime safety, marine environment protection, and technical cooperation. The Legal Committee is one of the main bodies of the IMO, it developed: the International Convention on Intervention on the High Seas in Cases of Oil Pollution Accidents; Protocol on Intervention on the High Seas in Cases of Accidents Resulting in Pollution by Substances Other Than Oil; International Convention on Civil Liability in the Field of Maritime Transportation of Nuclear Materials; International Convention on the Establishment of an International Fund for Compensation for Damage from Oil Pollution, etc.
United Nations Educational, Scientific and Cultural Organization(UNESCO) was established on November 16, 1945. It includes 191 states (according to 2002 data). The headquarters of UNESCO is located in Paris (France). The organization has 73 bureaus and other divisions located in various parts of the world. The purpose of UNESCO is to contribute to the strengthening of peace and security through the development of international cooperation in the field of education, science, culture and information (UNESCO Charter, Art. I).
The General Conference of UNESCO convenes once every two years; it determines the main directions of UNESCO's activities, elects members of the Executive Board, appoints the Director General (for a period of 6 years), approves the organization's program and budget.
The Executive Board consists of 58 representatives of the Member States of UNESCO; it meets in session twice a year. As an administrative body, the executive board prepares the work of the General Conference and is responsible for the effective implementation of its decisions.
The Secretariat is the executive body of the Director General, who is elected for a 6-year term. The staff of the Secretariat is responsible for the implementation of the UNESCO programme. The Secretariat has more than 2,000 employees, most of whom work outside headquarters in regional offices.
UNESCO makes a great contribution to solving urgent international problems. It contributed to the adoption of such international conventions as the Convention for the Protection of Cultural Property in the Event of Armed Conflict, the Convention against Discrimination in Education, etc. An important place in the activities of UNESCO is occupied by activities in the field of establishing a new information order, developing mutual understanding between peoples, and providing assistance developing countries in establishing a system of education and training, the development of science.
International Atomic Energy Agency(IAEA) was established in 1957 for the peaceful use of atomic energy to maintain peace, health and prosperity throughout the world, to promote the development of atomic energy and its practical application for peaceful purposes. IAEA members are 139 states (according to 2006 data). The functions of the IAEA include: promotion of scientific and technical cooperation in the field of atomic energy; exchange of information on the use of atomic energy for peaceful purposes; assistance to developing countries in personnel training; provision of intermediary services in the transfer of nuclear materials and equipment, etc. Of paramount importance is the exercise by the agency of control functions (the so-called IAEA safeguards), the purpose of which is to prevent countries that do not possess nuclear weapons from using atomic energy to create nuclear weapons. The IAEA controls 98 percent of nuclear installations in non-nuclear-weapon countries. The IAEA exercises control over the implementation by states of the Treaty on the Non-Proliferation of Nuclear Weapons (1968) The IAEA is connected with the UN by a special agreement; annually submits reports on its activities to the UN General Assembly, and, if necessary, to the Security Council.
The main bodies of the IAEA: The General Conference, consisting of Member States (meets at annual sessions and is competent to discuss any issues arising from the Charter, take decisions on them and make recommendations; Board of Governors, consisting of representatives elected by the General Conference (permanent body) ; Secretariat (deals with day-to-day affairs), headed by a Director General, who is appointed by the Board of Governors and approved by the General Conference for a term of 4 years.
In 1986, a special session of the IAEA General Conference adopted two conventions: on early notification of a nuclear accident and on assistance in the event of a nuclear accident or radiation emergency, which were subsequently supplemented by new documents. More than 2,000 employees work in the IAEA institutions. The financial resources of this organization consist of two categories of contributions - contributions by countries to the regular budget and voluntary contributions to the technical development fund.
International Criminal Police Organization(Interpol) was established in 1946 and until 1972 was registered with ECOSOC as a non-governmental organization of the second category. Now Interpol is a powerful and developing intergovernmental organization. In Art. 2 of the Charter of Interpol named the goals and organizations:
a) ensure broad interaction of all bodies (institutions) of the criminal police within the framework of existing state legislation and in the spirit of the Universal Declaration of Human Rights;
b) create and develop institutions that can successfully contribute to the prevention and fight against criminal offences.
Interpol is strictly prohibited from carrying out any intervention or activity of a political, military, religious or racial nature (Article 3). Any country may authorize any of its official police bodies, whose functions are related to the activities of the organization, to act as a member of the organization. An application for membership in Interpol is sent to the Secretary General of Interpol by the relevant government body. The decision on admission to the organization is approved by the General Assembly by a two-thirds majority (Article 4).
The structure of Interpol includes: General Assembly; Executive Committee (consists of the president, vice presidents, delegates); General Secretariat; national central bureaus; advisers.
National central office Interpol in Russia(NCB) - a division of the Central Office of the Ministry of Internal Affairs of Russia, is a body for cooperation between law enforcement and other state bodies of our country with law enforcement agencies of other states - members of Interpol and the General Secretariat of Interpol. The tasks of the NCB include: ensuring effective international exchange information about criminal offenses; assistance in fulfilling the requests of foreign law enforcement organizations in accordance with international treaties; monitoring the implementation of international treaties on combating crime, to which the Russian Federation is a party.
The activity of the NCB is carried out on the basis of the principles of legality, respect and observance of human and civil rights and freedoms, humanism, interaction with the law enforcement system of Russia, with international law enforcement organizations and competent authorities of foreign states - members of Interpol. The NCB carries out its activities exclusively in the field of combating criminal offenses, without affecting crimes of a political, military, religious or racial nature.
The NCB performs the following functions:
¦ takes measures for the timely and proper execution of the requests of law enforcement agencies of Russia abroad;
¦ determines whether requests received from the NCB of Interpol of foreign states are subject to execution on the territory of Russia, and sends them to the relevant law enforcement and other state bodies of Russia;
¦ analyzes the practice of execution by law enforcement and other state bodies of Russia of requests from international law enforcement organizations, law enforcement agencies of foreign states - members of Interpol, informs the heads of relevant law enforcement and other state bodies of Russia about violations of the established procedure for the execution of these requests.
Employees of the NCB of Interpol with special ranks are fully covered by the legal and social guarantees of police officers. Employees of the NCB of Interpol have uniforms of police officers in accordance with the assigned special ranks, as well as a sleeve insignia of the NCB of Interpol.
Cooperation between states in the fight against crime follows the path of creating specialized regional international organizations. For example, the European Police Organization (Europol) acts as a similar regional center with which Russia cooperates under an agreement dated November 6, 2003.
International organizations- associations of an interstate or non-state character, created on the basis of agreements to achieve certain goals.
There are two types of international organizations:
International intergovernmental organizations - based on intergovernmental agreements;
International non-governmental organizations of the so-called. bodies of public diplomacy - founded by non-governmental, non-governmental organizations and individuals.
International intergovernmental organizations exist both universal, which are of a worldwide nature (UN), and regional, uniting the subjects of the MP of a given region (OSCE, European Union, Council of Europe, etc.).
An international organization as a subject of international law has a number of features:
Secondary - created by states and act on the basis of constituent acts;
Lack of sovereignty and territory;
Enter into only those legal relations and conclude international treaties that correspond to their functions and constituent acts;
Permanent missions to international organizations are unilateral;
Limited in the choice of means of coercion and dispute resolution;
Any international organization may cease to exist by the will of its member states.
9. Peoples and nations fighting for their liberation as subjects of international law.
The subjects of the MP are the nations and peoples fighting for independence. During the period of the national liberation struggle, the peoples create their own governing bodies, which carry out legislative and executive functions and express the sovereign will of the nations. Through these bodies, nations become participants in international legal relations, subjects of international law, possessing international rights and obligations.
Colonial peoples and nations fighting for their liberation, are recognized as the subject of MT, provided that they have, firstly, national territory, Secondly, the body leading the liberation movement and, third, the liberation movement is supported by the bulk of the population.
Nation - a historically established community of people, which is characterized by the following features: common territory; community of economic life; commonality of psychological warehouse, manifested in the commonality of culture. under the term " people ” call the most diverse forms of national and ethnic community of people. MP subjects are only those nations and peoples who are fighting for their national liberation and the creation of their own independent states. The attribution of nations and peoples to the number of subjects of the MT, as a rule, arises after they create c.-l. a body coordinating the struggle, which, until the establishment of an independent state, acts on their behalf. All peoples have an inalienable right to complete freedom, the exercise of their sovereignty and the integrity of their national territory. Peoples, in their own interests, can freely dispose of their natural wealth and resources without violating any obligations arising from international economic cooperation based on the principle of mutual benefit and the norms of international law. As a subject of MP nations and peoples fighting for their self-determination, represented by their permanent bodies, may conclude agreements with states and international organizations, sign international treaties, and send their representatives to participate in the work of intergovernmental organizations and conferences. They enjoy the protection of international law.A. GENERAL ISSUES 1. Concept and sources of law of international organizations
In modern international relations, international organizations play a significant role as a form of cooperation between states and multilateral diplomacy.
The emergence of international organizations in the 19th century was a reflection and consequence of an objective trend towards the internationalization of many aspects of society. Since the creation of the Central Commission for the Navigation of the Rhine in 1815, international organizations have been given their own competence and authority. A new stage in their development was the establishment of the first international universal organizations - the Universal Telegraph Union (1865) and the Universal Postal Union (1874), the League of Nations (1919).
Significant influence on the development of international organizations, their democratization had and continue to have the creation and activities of the United Nations (1945). It is with it that the recognition of the quality of a subject of international law by international intergovernmental organizations is connected.
At the present stage of international relations, the numerical growth of international organizations continues, the further expansion of their competence and functions, the complication of the organizational structure. Mutual ties and cooperation between existing international organizations (according to some data, there are about 7 thousand of them, of which more than 300 are intergovernmental) allow us to speak about the formation of a system of international organizations, at the center of which is the UN.
The development of international organizations has led to the emergence of a specific subject of legal regulation - international relations within the framework of international organizations, including the relations of member states and non-members with an international organization; relations between member states and between authorities
international organization; relations with other international organizations. The method of legal regulation of these relations is also distinguished by its qualitative originality, which establishes mutual rights and obligations not only through agreement in the form of an international treaty or custom, but also through decision-making by the bodies of an international organization. In addition, a huge amount of normative material has been accumulated relating to the legal regulation of this complex of international relations. This testifies to the formation of an independent branch of international law - the law of international organizations.
Law of international organizations- branch of modern international law, including the principles and norms governing the creation, organization and activities of international organizations.
The basic principles of international law - non-use of force and threat of force, peaceful settlement of disputes, non-intervention, etc. - apply not only to states, but also to international organizations. Among the special principles, one can single out the principle of the conformity of the creation and activities of international organizations with the generally recognized principles of international law; the principle of responsibility of international organizations for offenses; the principle of voluntary membership in international organizations.
International treaties related to the sources of law of international organizations can be divided into three groups: treaties between states; treaties between states and international organizations and treaties between international organizations. Among the treaties of the first group, the constituent acts of international organizations occupy a special place. They determine the legal nature of international organizations, endowing them with the rights and obligations that constitute their legal personality. At the same time, the UN Charter, which enshrines the basic principles of international law, is a source of great importance for all branches of international law, including the law of international organizations. This means that international organizations must act in accordance with the generally recognized principles and norms enshrined in the UN Charter.
Of the other treaties between states, one should single out international agreements that establish norms of a general order for international organizations. Thus, a number of agreements recognize the principle of responsibility of international organizations, for example, in the Treaty on the Principles of Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies, of January 27, 1967. In treaties on the privileges and immunities of international organizations, for example, in the Convention on the privileges and immunities of the United Nations of February 13, 1946, regulates the legal status of international organizations on the territory of states.
The group of agreements between states and international organizations includes agreements on the location of the headquarters of an international organization, on its representation in states, functional agreements aimed at realizing the goals of the organization: on technical assistance; about financial assistance; about guardianship; on the provision of armed forces and other types of military assistance, etc.
Among the agreements between international organizations, one can single out agreements on cooperation, on the status of a specialized agency under the UN, on succession, on the creation of joint bodies and programs, etc.
The formation of international customary norms takes place not only in the activities of states, but also in the practice of international organizations, for example, the institution of peacekeeping operations has developed in the practice of the UN. With regard to decisions of international organizations, those that are binding are among the main sources of law of international organizations, such as binding decisions of the Security Council, binding decisions European Union, financial rules, international recruitment rules, etc.
The doctrine distinguishes between the concepts of external and internal law of international organizations. Of course, this distinction is rather arbitrary. External law includes norms that regulate the relationship of an international organization with member states and non-member states, and with other organizations. Domestic law refers to the rules governing domestic legal relations: rules of procedure, decision-making procedure, financial rules, norms determining the status of personnel. Most lawyers believe that the norms of domestic law are of an international legal nature and are the norms of international law.
2. The concept and classification of international organizations
An international organization is a permanent association of states, in contrast to international conferences - their temporary association.
The term "international organizations" is used, as a rule, in relation to both interstate (intergovernmental) and non-governmental organizations. However, their legal nature is different.
International non-governmental organizations are not based on an interstate agreement, and they are not officially represented
fiefs of the state. Their members may be national public associations, unions and associations, as well as individuals from various countries(for example, the Inter-Parliamentary Union, the International Federation of Red Cross and Red Crescent Societies, Amnesty International, etc.).
There is no generally accepted definition of an international intergovernmental organization. In numerous doctrinal definitions, the following main features of it are distinguished: the unification of sovereign states; existence of a constituent interstate agreement; common permanent goals and principles; permanent bodies; conferring international legal personality; compliance with generally recognized principles and norms of international law. Based on these features, it can be determined that international intergovernmental organization- it is an association of sovereign states established by an interstate agreement on a permanent basis, having permanent bodies, endowed with international legal personality and acting to achieve common goals in accordance with the generally recognized principles and norms of international law. Such organizations are recognized as subjects of international law.
The names of international organizations may be different - organization, league, association, union, fund, bank, etc., but this does not affect their status.
Various criteria are used to classify international organizations. By nature of membership they are divided into intergovernmental and non-governmental organizations.
By circle of participants international organizations are divided into universal, regional and interregional. Universal organizations are open to the participation of all states (UN, its specialized agencies, IAEA) or to the participation of public associations and individuals of all states (World Peace Council, International Association of Democratic Lawyers). Members of regional organizations can be states or public associations and individuals of a certain geographical area (Organization of African Unity, Organization of American States, Gulf Cooperation Council, European Trade Union Confederation, All-African Union of Students). Interregional organizations include those in which membership is limited by a certain criterion that takes them beyond the scope of a regional organization, but does not allow them to become universal. Thus, participation in the Organization of the Petroleum Exporting Countries (OPEC) is open only to states that export oil. Only Muslim states can be members of the Organization of the Islamic Conference (OIC).
Interstate organizations are also subdivided into organizations general and special competence. The activities of organizations of general competence affect all spheres of relations between member states: political, economic, social, cultural, etc. (for example, the UN, OAU, OAS).
Organizations of special competence are limited to cooperation in one special area (for example, the Universal Postal Union, the International Labor Organization, etc.) and can be divided into political, economic, social, cultural, scientific, religious, etc. This criterion can also be applied to non-governmental organizations.
Classification by nature of powers allows you to distinguish between interstate and supranational or, more precisely, supranational organizations. The first group includes the vast majority of international organizations whose purpose is to regulate the cooperation of states. Decisions of such organizations have recommendatory or binding force for states. Supranational (supranational) organizations are vested with the right to make decisions that directly oblige individuals and legal entities member states. Such decisions operate on the territory of states along with national laws. Some supranational powers in this sense are vested in the European Union.
From point of view admission procedure in them, organizations are divided into open (any state can become a member at its own discretion) and closed (admission to membership is carried out at the invitation of the original founders). An example of a closed organization is NATO.
Some authors, along with the term "international organizations", use the term "international institutions", considering this concept to be broader and including not only international organizations, but also permanent associations of states based on a political agreement that does not have the character of an international treaty (French lawyer S. . Bastide), or having a simplified organizational structure (French lawyer C. Col-yard), which they do not consider as international organizations. I. Lukashuk adheres to a similar point of view, calling permanent associations of states with limited competence and simplified organizational structure permanent international bodies.
"International organizations" and "international institutions" are synonymous terms. Supporting this point of view is the fact that special organizations UN systems are called specialized agencies. The diversity of international organizations requires the introduction of additional classification criteria.
For example, by structure criterion organizations with a simplified and developed structure can be distinguished. By the criterion of how they are created one can speak of international organizations created in the classical way, on the basis of an international treaty with subsequent ratification, and of international organizations created on a different basis (declarations, joint statements, etc.).
Today, the sphere of interaction between states in the international arena is constantly expanding; all new relations become the subject of international legal regulation. One of the organizational and legal forms of interstate cooperation are international organizations.
International organizations as a legal phenomenon arose relatively recently, at the end of the 19th - beginning of the 20th centuries, when the needs of international communication necessitated the creation of permanent interstate structures. So, in 1874 the Universal Postal Union was created, in 1919 - the International Labor Organization, etc. The first international organization with a pronounced political orientation was the League of Nations, established in 1919 in accordance with the provisions of the Versailles system and formally existed until 1946.
After World War II, hundreds of international organizations were established to provide the organizational basis for interstate cooperation in various areas of international relations. Among them are the UN, UNESCO, the Arab League, NATO, the Department of Internal Affairs, etc. And since, as already mentioned, the creation of any international organization is legally formalized by the conclusion of an international treaty, a fairly large array of norms has been formed in international law governing the formation and activities of international organizations. The quality and volume of international legal regulation allow us to conclude that there is an independent branch of international law - the law of international organizations.
The law of international organizations consists of two groups of international norms, which form: first, the "internal law" of the organization (the rules governing the structure of the organization, the competence of its bodies and the procedure for working, the status of personnel, and other legal relations); and, secondly, the "external law" of the organization (the rules of the organization's treaties with states and other international organizations).
The rules of law of international organizations are predominantly treaty rules, and the law of organizations itself is one of the most codified branches of international law. The sources of this industry are the constituent documents of international organizations, the Vienna Convention on the Representation of States in Their Relations with International Organizations of a Universal Character of 1975, the Vienna Convention on the Law of Treaties between States and International Organizations or between International Organizations of 1986, agreements on the privileges and immunities of international organizations and others
Since the specifics of the international legal personality of organizations have already been considered (see Chapter 5), we note that international organizations, being derivative subjects of international law, have an independent will, different from a simple set of wills of the states participating in the organization. Some organizations (the UN, the Arab League, the IAEA, etc.) are authorized to make binding decisions for all its members and have the right to apply coercive measures, including against states that violate the provisions of their charters. However, the will of international organizations, unlike the will of states, is not sovereign.
Thus, the law of international organizations forms a set of rules governing the legal status, activities of the organization, interaction with other subjects of international law, participation in international relations.
