The principle of sovereign equality of states means that. International law

This principle underlies all interstate relations and applies to any areas of such relations; it occupies a special place in the system of principles, in a certain sense creating a legally favorable basis for the formation of other principles and their normal functioning. It is one of the cornerstones of international law and the international legal order. Modern world consists of states, different in size of territory, geographic location, the composition and size of the population, the nature and composition natural resources, level of development, political influence, economic strength, military power, etc. Under these conditions, maintaining a certain balance and ensuring cooperation is possible to a large extent due to the existence of the legal principle of the sovereign equality of states. The states monitor its observance especially carefully.

A bit of history: This principle dates back to the Middle Ages, when monarchs sought to legally equalize their international status. For this, the legal formula of the ancient Roman lawyers par in parem non habet imperium (an equal has no power over an equal) was borrowed. It was based on the principle of equality of monarchs - sovereigns.

The modern international community recognizes sovereignty as an inalienable property of every state and the most important basis for the existence of the international legal order.

This principle developed as an international legal custom and was subsequently enshrined in the UN Charter (Article 2), the Final Act of the CSCE on August 1, 1975, the Final Document of the Vienna Meeting of Representatives of the CSCE Participating States in 1989, the Paris Charter for a New Europe in 1990, the Charter economic rights and obligations of states, in the charters of international organizations of the UN system, regional international organizations, in many bilateral and multilateral agreements, Outcome Document of the 2005 UN 60th Anniversary World Summit.

The entire international community is based on the principle of the sovereign equality of all states. Only mutual respect by states of each other's sovereign equality ensures their cooperation and maintenance of the international legal order.

The Declaration on the Principles of International Law points to the following elements of the principle of the sovereign equality of States:

States are equal legally, those. have equal basic rights and obligations, have the right to participate in international treaties and organizations;

Each state enjoys the rights inherent in full sovereignty, i.e. independently exercises legislative, executive, judicial power on its territory, builds international relations at its own discretion;

Every state has an obligation to respect legal personality other states;

- territorial integrity and political independence l states are inviolable;

Every state has the right to freely choose and develop its political, social, economic and cultural systems;

Each state is obliged in good faith fulfill their international obligations And live in peace with other states.

In the Final Act of the CSCE, states committed themselves not only to respect the principle of sovereign equality, but also to respect the rights inherent in sovereignty.

In their mutual relations, states must respect differences in historical and socio-political development, diversity of positions and views, domestic laws and administrative rules, the right to determine and exercise, at their own discretion and in accordance with international law, relations with other states. States have the right to belong to international organizations, to be or not to be parties to international treaties, including treaties of alliance, and to be neutral.

The principle of the sovereign equality of states, as it were, breaks down into two principles - the principle sovereignty and principle equality of states.

Sovereignty- this is the sovereignty of the state within the country and independence outside.

The sovereignty of states, according to the theory of the social contract (J. LOCKE, T. GOBBS, J.-J. RUSSO), is a secondary phenomenon. Sovereignty belongs to the people (primary sovereignty). The people, in the common interest, under a social contract - the constitution - transfers to the state part of their rights inherent in sovereignty. Thus, the sovereignty of the state is a secondary sovereignty.

It follows from this that peoples themselves determine how they should live, what kind of power they should have, what kind of social system to build and in what direction to develop it. The state is the representative of the people, which is obliged to express its will. State sovereignty extends not only within the territory, but also to objects, actions of individuals / legal entities of the state outside its territory (in part and to the extent that are provided for by international law).

Sovereignty does not mean complete freedom of action, let alone their isolation, since they live and coexist in an interconnected world. The freedom of action of states is limited by law - international law. International law is an instrument of "docking" and ensuring "sovereignty".

On the other hand, an increase in the number of issues that States voluntarily submit to international regulation, does not mean their automatic withdrawal from the sphere of internal competence.

The need to respect the rights inherent in sovereignty is especially often pointed out in connection with the achievements of scientific and technological progress, which should not be used to the detriment of other states. This concerns, for example, the danger of military or any other hostile use of means of influencing natural environment and so on.

States are increasingly transferring some of their powers, which were previously considered inalienable attributes of their sovereignty, in favor of international organizations. This happens for various reasons, including in connection with the increase in the number of global problems, expanding areas of cooperation and, accordingly, increasing the number of objects of international legal regulation. But, by transferring part of their powers to organizations, states do not limit sovereignty, but, on the contrary, implement one of their sovereign rights- the right to conclude contracts. By concluding an agreement, the state exercises sovereignty, restricts freedom of action, but not its sovereign rights. Moreover, the treaty opens up new opportunities for the state that go beyond the agreed limits. Otherwise, states would not enter into legal relations.

EXAMPLE: In a decision of the Permanent Court of International Justice ( predecessor of the International Court of Justice, operated within the framework of the League of Nations) in the Wimbledon case (1923), it was said: "The House refuses to see in the conclusion of any treaty ... a renunciation of sovereignty."

In addition, states, as a rule, reserve the right to control the activities of international organizations.

Quite often the opinion is expressed about the incompatibility of sovereignty with international law. Meanwhile, thanks to sovereign power, states are able to create the norms of international law, give them binding force and ensure their implementation within the country and in international relations.

International law ceases to protect the sovereign rights of states in which the anti-democratic regime violates human rights. The state has no right to issue laws that violate human rights, the people. Violation of a peremptory norm by a bilateral treaty is the business of all states.

Part of the principle of the sovereign equality of states is also the immunity of the state (its persons and things) from the jurisdiction of another state by virtue of the principle “an equal has no power over an equal”.

Equality means that every state is a subject of international law. States interact with each other as equals, despite their actual inequality. Yes, one state is big, the other is smaller; one state is economically powerful, the other is still developing; one state has many international treaties and the international obligations arising from them, the other has fewer; But legally they are equal in rights, equal before international law, have an equal ability to create rights for themselves and assume obligations.

All states have the right to participate in the decision international problems in which they are legitimately interested. At the same time, states do not have the right to impose on other states the established international legal norms.

At the same time, there is no reason to simplify the problem of ensuring equality. Whole story international relations permeated by the struggle for influence, for domination. And today, this trend is hurting cooperation and the rule of law. Many scientists believe that the equality of states is a myth. No one, including myself, will deny the actual inequality of states, but this is only emphasizes the importance of establishing their legal equality. People are also unequal in their abilities, but this does not raise doubts about the significance of their equality before the law.

PROBLEM: Are certain international legal regimes a violation of the principle of sovereign equality, say, for example, the position of permanent members of the UN Security Council?

(A COMMENT: the number of members of the Security Council is 15. To take decisions on substantive issues nine votes are required, including the concurring votes of all five permanent members. This - the "great power unanimity" rule, often referred to as the "right of veto" ( China, Russian Federation, United Kingdom, United States and France ) ),

status of nuclear powers under the Non-Proliferation Treaty nuclear weapons 1968

(A COMMENT : Treaty establishes that a nuclear-weapon state is one that has produced and detonated such a weapon or device before January 1, 1967(i.e. USSR, USA, UK, France, China). The treaty consists of a preamble and 11 articles. The most important are Art. I and II containing main obligations nuclear and non-nuclear states. Art. I obliges states possessing nuclear weapons not to transfer to non-nuclear countries these weapons and control over them, and also not to assist them in their production or acquisition; Art. II obliges non-nuclear participants in the Diaspora not to accept transfers of nuclear weapons from anyone, not to produce them, and not to seek anyone's help for this purpose. Art. III of the treaty speaks of guarantees that non-nuclear states will comply with their obligations not to produce their own nuclear weapons; verification of the fulfillment of their obligations is entrusted to the International Atomic Energy Agency. However, the agreement provides that the required guarantees must not interfere with economic development states or international cooperation in the field of the use of nuclear energy for peaceful purposes and obliges its participants to exchange equipment, materials, scientific and technical information for these purposes, to facilitate the receipt of benefits by non-nuclear states from any peaceful use of nuclear explosions (§ 3, Art. III, IV and V)),

(A COMMENT : The IMF has a “weighted” vote principle: the ability of member countries to influence the activities of the Fund by voting is determined by their share in its capital. Each state has 250 "basic" votes, regardless of the size of its contribution to the capital, and an additional one vote for every 100 thousand SDRs of the amount of this contribution. This arrangement ensures a decisive majority of votes for the leading states).

Reflecting the real state of affairs, international law in exceptional cases, allows inequality in rights, but at the same time associates special rights with additional responsibilities. All of the above examples refer to specific rights, not sovereign rights. The sovereign status of all states is the same.

In my opinion, these exceptions only confirm the rule and there is no violation of the principle of sovereign equality of states. These are legitimate exceptions. Exceptions agreed between states and enshrined in the norms of international law, bearing additional obligations, special responsibility of states. A legitimate exception to this principle should be considered and common system preferences, which provides special benefits and benefits to developing and least developed countries in international trade.

EXAMPLE:

The World Bank provides loans only to poor countries.

Such a system is considered as a way of approaching from the formal equality of states to the actual equality.

Much still depends on the legal activity of the state. Ceteris paribus, more active participation in international legal relations gives the state a wider range of rights and legal opportunities. The reality of the sovereign equality of the state depends to a large extent on the consistency with which it defends it. Sovereign equality must take into account the legitimate interests of other states and the international community as a whole. It does not give the right to block the will and interests of the majority.

Equality legal status states means that all norms of international law apply to them equally, have equal binding force. States have an equal capacity to create rights and incur obligations. According to the International Court of Justice, equality also means equal freedom in all matters not regulated by international law.

All states have an equal right to participate in the solution of international problems in which they have a legitimate interest. The 1974 Charter of Economic Rights and Duties of States states: “All States are legally equal and, as equal members of the international community, have the right to participate fully and effectively in the international decision-making process…”.

At the same time, one should not turn a blind eye to reality. The actual influence of the major powers on the rule-making process is palpable.

EXAMPLE: Thus, the regime of outer space was determined precisely by them. The creation of treaties in the field of arms limitation depends on them. On this basis, some scholars are of the opinion that equality is more characteristic of the law enforcement stage than at the stage of creating norms of international law. However, international instruments and international practice are increasingly recognizing the equal right of all states to participate in the rule-making process. In addition, acts created on the initiative of major powers should take into account the interests of the international community as a whole.

legal tools ensuring the principle of sovereign equality in various areas are "principles-standards": the principle of reciprocity, the principle of non-discrimination, the principle of granting the most favored nation treatment, the principle of granting national treatment, and others.

CONCLUSION: As long as sovereign states exist, this principle will remain essential element system of principles of international law. Its strict observance ensures the free development of every state and people. Sovereign equality is real only within the framework of international law.

The essence of this principle is the rule that the maintenance of the international legal order is possible and can be ensured only with full respect for the legal equality of the participants. This means that each state is obliged to respect the sovereignty of other participants in the system, i.e. their right within their own territory to exercise legislative, executive, administrative and judicial power without any interference from other states, as well as to independently exercise their foreign policy. The sovereign equality of states is the basis of modern international relations, which is enshrined in paragraph 1 of Art. 2 of the UN Charter, which states: "The Organization is based on the principle of the sovereign equality of all its members."

This principle is also enshrined as a fundamental one in the charters of international organizations of the UN system, in the constituent documents (charters) of the vast majority of regional international organizations, in multilateral and bilateral agreements of states and international organizations, in legal acts of international organizations.

In modern international law, this principle is most fully reflected in the Declaration on Principles of International Law Concerning Friendly Relations and Cooperation among States in accordance with the UN Charter. Later, this principle was developed in the Declaration of Principles of the Final Act of the Conference on Security and Cooperation in Europe, the Final Document of the Vienna Meeting of Representatives of the States Parties to the Conference on Security and Cooperation in Europe in 1989, the Charter of Paris for a New Europe in 1990 and a number of other documents.

The main social purpose of the principle of sovereign equality is to ensure equal participation in international relations of all states, regardless of economic, social, political or other differences. Since states are equal participants in international communication, they all have fundamentally the same rights and obligations.

In accordance with the Declaration on Principles of International Law Concerning Friendly Relations and Cooperation among States in accordance with the UN Charter of 1970, the concept of sovereign equality includes the following elements:

1) states are legally equal;

2) each state enjoys the rights inherent in full sovereignty;

3) each state is obliged to respect the legal personality of other states;

4) the territorial integrity and political independence of the state are inviolable;

5) every state has the right to freely choose and develop its political, social, economic and cultural systems;

6) each state is obliged to fulfill fully and in good faith its international obligations and to live in peace with other states.

In the Declaration of Principles of the CSCE Final Act, states committed themselves not only to respect the principle of sovereign equality as set out in the UN Charter and the 1970 Declaration, but also to respect the rights inherent in sovereignty. Thus, in relations among themselves, states must respect differences in historical and socio-political development, diversity of positions and views, domestic laws and administrative rules, the right to determine and exercise, at their own discretion and in accordance with international law, relations with other states, the right to belong to international organizations, to be or not to be parties to bilateral and multilateral treaties, including union treaties, as well as the right to neutrality.

At the same time, it should be noted that the legal equality of states does not mean their actual equality, which is taken into account in real international relations. One example of this difference is in the status of permanent and non-permanent members of the UN Security Council.

Sovereignty is an essential property of a state. Thus, no state, group of states or international organization cannot impose the norms of international law they have created on other states. The inclusion of a subject of international law in any system of legal relations can be carried out only on the basis of voluntariness.

Currently, the following trend is observed: states transfer part of their powers, which were previously considered integral attributes of state sovereignty, in favor of the international organizations they create. For example, in a number of international organizations, the founding states moved away from the previously used principle of formal voting equality (one country - one vote) and adopted the so-called weighted voting method, according to which the number of votes a country has depends on the size of its contribution. to the budget of the organization and other circumstances.

The aforementioned 1970 Declaration on Principles of International Law emphasizes that, in the interpretation and application of the principles set forth therein, they are interrelated and each principle must be considered in the context of all others. Thus, there is a close connection between the principle of the sovereign equality of states and their obligation not to interfere in matters that are essentially within their domestic jurisdiction. The concept of the internal competence of the state in theory causes controversy, since it depends on the level of development of international relations. At present, it is customary to correlate domestic competence with the international obligations of each particular state.

Sovereignty, as the main property inherent in the state, does not mean the complete independence of states, or even more so their isolation, since they live and coexist in an interconnected world, therefore, it is illogical to talk about absolute, unlimited sovereignty.

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The principle of the sovereign equality of states

Introduction

One of the basic principles on which International law and international relations lie and rely is the Principle of the sovereign equality of states. However, it is not so easy to understand and define. A number of scientists have different definitions and concepts of the same term. From the point of view of international law, all states are sovereign.

However, sometimes this notion of sovereignty is divided into two parts:

1. Legal sovereignty;

2. Behavioral sovereignty.

This essay is mainly focused on the sovereign equality of states, which is something like legal sovereignty and is actually a component of it. This concept is called the principle of the sovereign equality of states, consisting of a number of ideals on which international organizations, nation-states, etc. build relationships with each other. Some of them are:

1) In international organizations such as the United Nations Security Council and the IMF, votes different countries have unequal power to reflect some basic measures of power. At the same time, international organizations use the principle of sovereign equality through equal voting procedures, such as General Assembly the United Nations;

2) All states are equal before each other, and therefore they should be given equal rights in relation to each other to self-determination and non-interference in their internal affairs.

1. Understanding sovereignty and the origin of the principle of sovereign equality

Sovereignty was defined by Oppenheimer as follows: "Sovereignty is the supreme power which is exercised at the international level not by legal powers over all other states, but rather by legal authorities that are not in right dependence on any other power."

The concept of state sovereignty is inextricably linked with its status as an international legal personality. At this point, it is important to note that sovereignty and international law are concepts that are slightly antagonistic to each other.

The idea of state sovereignty is that, on the one hand, the state must be able to govern itself, without outside interference. On the other hand, at the heart of international law is the idea that rules should be able to limit state behavior. None of the states, however, should claim absolute dominance at the present time, and a balance must be maintained between them.

The principle of "sovereign equality" is present in customary international law, as well as in the League of Nations, which is the predecessor of the United Nations.

The Congress of Westphalia was undoubtedly the first important event in the development of international organizations. This led to the Treaty of Westphalia, signed in 1648, which formally incorporated the principle of sovereign equality for the first time.

Despite the fact that the provisions of the treaty do not include the word "sovereignty", the treaty contained all the rules for the implementation of this principle. The treaty respected the choice of each state in choosing a religion, including as a principle that the reigning monarch had exclusive, legitimate power within its territory and could act within that territory without interference from other powers. After Westphalia, the countries participating in the treaty began to respect each other's sovereignty.

And the final approval of the principle of sovereign equality - the inclusion of the principle in Article 2, paragraph 1 of the Charter of the United Nations. This principle in the UN Charter includes both internal and external sovereignty.

From the moment this principle was included in the UN Charter, all Member States were required to follow it. However, in practice, it has been found that it is not implemented equally by all states. An example can be taken from the case of Nicaragua, where one of the three claims raised by Nicaragua against the US was based on sovereign equality.

The representatives of Nicaragua argued, on the basis of the principle of sovereign equality, believing that the rules of international law governing relations between sovereign states equally do not give the right to change applications for recognition unilaterally, if the right is expressly protected ...

In addition, the Advisory Opinion provides an MC to the case on the Legality of the Threat or Use of Nuclear Weapons of 8 July 1996, where Judge Weeramantry expressed a dissenting opinion that the use of nuclear weapons is contrary to the principle of the sovereign equality of States.

Thus, it can be noted that the challenged principle has been called into question on a number of occasions, a look into which will help in a better understanding of this principle and its meaning in international law.

The essence of the principle of sovereign equality

This doctrine recognizes that all states are equal under the law, despite their apparent inequalities in other respects: inequalities in territory, wealth, military force or level of civilization. In the case of claims by Norwegian shipowners, the Permanent Court of Arbitration stressed that: "International law and justice are based on the principle of equality between states."

Oppenheimer also gives a definition: “States are by nature, of course, unequal in terms of power, territory, and the like. But, as members of the community of nations, they are, in principle, equal regardless of differences between them, if differences between them can exist.

Any attempt on the part of the state to weaken the operation of this principle can lead to serious consequences of political tension or protest, therefore. The concept of sovereign immunity also finds its expression in the principles of the independence and dignity of the state. It has been adopted by the legislation of a number of countries. It was also confirmed in the draft articles on jurisdictional immunities of States and their property provisionally adopted by the International Law Commission in 1986.

The theory of sovereign equality evolved from the concept of natural equality. This was first analyzed by Thomas Hobbes in his book Leviathan. This was after research developed by Pufendorf. Hobbes compared the notion of the state of nature to scientific reasoning based on relations between states, which logically revealed the doctrinal ideas of sovereign equality. Grotius's ideas were not entirely based on the same premise, as has been erroneously pointed out by some scholars.

2. Elements of the principle of sovereign equality

sovereignty congress equality hobbes

Since states are equal participants in international communication, they all have fundamentally the same rights and obligations.

According to the 1970 Declaration, the concept of sovereign equality includes the following elements:

a) states are legally equal;

b) each state enjoys the rights inherent in full sovereignty;

c) each state is obliged to respect the legal personality of other states;

d) the territorial integrity and political independence of the state are inviolable;

e) every state has the right to freely choose and develop its political, social, economic and cultural systems;

f) every state is obliged to fulfill fully and in good faith its international obligations and to live in peace with other states.

In the Declaration of Principles of the CSCE Final Act, states committed themselves not only to respect the principle of sovereign equality as set out in the UN Charter and the 1970 Declaration, but also to respect the rights inherent in sovereignty. The latter means that in their mutual relations, states must respect differences in historical and socio-political development, diversity of positions and views, domestic laws and administrative rules, the right to determine and exercise, at their own discretion and in accordance with international law, relations with other states. Among the elements of the principle of sovereign equality is the right of states to belong to international organizations, to be or not to be parties to bilateral and multilateral treaties, including union treaties, as well as the right to neutrality.

Conclusion

The principle of the sovereign equality of states is one of the fundamental principles in international law. If this principle is not observed, there can be no question of any equal international relations. How can there be equal relations between countries if one member of these relations influences the will of others, due to inequality in rights.

Of course, the principle of sovereign equality has greatly contributed to the preservation of peace, but among scientists there are disagreements in the concept of the principle of sovereign equality. For example, “Is the UN Permanent Security Council a violation of the principle of the sovereign equality of states?” is one of the issues raised by the Islamic Republic of Iran.

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The principle of the sovereign equality of states

Parameter name	Meaning
Article subject:	The principle of the sovereign equality of states
Rubric (thematic category)	Right

This principle is, as it were, the starting point of modern international law as a whole, combining two specific legal features that characterize each state - an inherent property of the state, denoted by the term ʼʼsovereigntyʼʼ (see Chapter V), and equality with other states in international communication. Therefore, often in treaties between states it is about mutual respect for each other's sovereignty. The sovereignty of states predetermines the method of international legal regulation of their relations - an agreement between them.

For the first time, the interpretation of the term "sovereign equality" of states was given at the San Francisco Conference, which adopted the UN Charter. It was contained in the report of Committee I/1 of that Conference, which was subsequently approved by the First Commission and the plenary of the Conference.

According to this interpretation, the ʼʼsovereign equalityʼʼ of states must mean that˸

1) states are legally equal;

2) they enjoy all the rights that follow from their sovereignty;

3) the identity of the state must be respected, as well as ᴇᴦο territorial integrity and political independence;

4) the state must conscientiously fulfill its duties and international obligations in international communication.

This interpretation fully retains its meaning to this day.

In turn, according to the Declaration on the Principles of International Law of 1970, the main content of the principle under consideration is as follows.

All states enjoy sovereign equality. They have the same rights and the same duties and are equal members of the international community, regardless of differences in economic, social, political or other nature (paragraph 1).

The concept of sovereign equality includes, in particular, the following elements˸

a) states are legally equal;

b) each state enjoys the rights inherent in full sovereignty;

c) each state is obliged to respect the legal personality (personality) of other states;

d) the territorial integrity and political independence of the state are inviolable;

e) every state has the right to freely choose and develop its political, social, economic and cultural systems;

f) Every State has the duty to fulfill fully and in good faith its international obligations and to live in peace with other States.

Let us clarify that the expression that states ʼʼhave the same rights and the same dutiesʼʼ refers to the norms of general international law, i.e. norms established by the international community of states as a whole. Now they are generally recognized as not only conventional, but also customary legal norms.

However, the similarity of the rights and obligations of states under general international law does not mean at all that states cannot assume new international obligations or obligations, clarifying and developing existing norms, under local agreements, if they do not contradict the basic principles of international law. It is in this way that modern international law develops first of all - from local norms to universal ones.

The principle of sovereign equality of states - the concept and types. Classification and features of the category "Principle of sovereign equality of states" 2015, 2017-2018.

The principle of sovereign equality of states means that. International law

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