International law: concept and subject of regulation. The concept of international law, the subject of regulation The subject of regulation and the system of international law

concept international law

International law- a complex set of legal norms created by states and interstate organizations through agreements and representing an independent legal system, the subject of which is interstate and other international relations, as well as certain domestic relations.

This introductory and concise definition expresses the most essential features of international law. For a more complete understanding of it, it is necessary to take into account other signs, first of all, participation in the creation of norms along with the states of some other subjects of law, peculiar ways of implementing and enforcing international legal norms through collective or individual actions of the states themselves.

International law in its original characteristics - a set of legal norms and a regulator of certain relations - is related to state law (domestic, national law), which is a traditional object of jurisprudence, starting with the theory of state and law.

International law as a terminological category is characterized by a certain degree of conventionality. Historically established and accepted in state and interstate acts, other official documents, in scientific publications

§ 2. Subject of regulation of international law 7

and training courses, the term "international law" 1 is not quite adequate to the true meaning of the concept.

Its prototype is the term established in Roman law jus gentium(“the right of peoples”) 2 .

In reality, interstate law exists, since it is created not by peoples directly, but mainly by states as sovereign political organizations, and is focused primarily on the regulation of interstate relations, and is ensured mainly by the efforts of the states themselves.

Subject of regulation of international law

Relations regulated by international law define international legal relations, which include relations:

a) between states - bilateral and multilateral, among which relations covering the international community of states as a whole are of particular importance;

b) between states and international intergovernmental organizations, primarily in connection with the membership of states in international organizations;

c) between states and state-like entities that have a relatively independent international status;

d) between international intergovernmental organizations.

1 The designations in other languages ​​are identical: in English - "International Law", in French - "Droit international", in German - "Volkerrecht", in Spanish - "Derecho international", in Polish - "Prawo miezdynarodowe", in Finnish - " Kansainvalin-en oikeus", in Ukrainian - "International Law", in Latvian - "Starptantiskas tiesibas", etc.

2 term jus gentium, originally understood as a set of rules that applied to all free people within the territory of the Roman state, regardless of their belonging to a particular genus or nationality, later acquired a broader meaning as a set of generally recognized norms in the relationship of Rome with other states (“common law for all peoples” ) (cm.: Pokrovsky I. A. History of Roman law. Pg., 1917. S. 97-98).

8 Chapter 1. The concept of international law, the subject of regulation

In previous periods, relations between states and national political organizations who led the struggle of peoples (nations) for independence, as well as the relations of such national political organizations with international organizations.

All of these types of relationships can ultimately be qualified as interstate relations, since every international intergovernmental organization is a form of association of states. The political organization of the struggling nation acts as an emerging state, and a state-like entity has a number of characteristics of a state.

Along with international interstate relations, there are international relations of a non-state character- between legal entities and individuals of different states (the so-called relations “with a foreign element” or “with an international element”), as well as with the participation of international non-governmental organizations and international business associations.

In a special category of mixed international relations state-non-state nature, one can single out the relations of states with legal entities and individuals under the jurisdiction of other states, as well as with international non-governmental organizations and international economic associations.

When considering international interstate relations, it should be borne in mind that they acquire such a character because, in their content, they go beyond the competence and jurisdiction of any individual state, become an object of joint competence and jurisdiction of states or the entire international community as a whole.

Such an explanation is necessary because in the legal literature one can find judgments based on a purely territorial approach and reducing international relations to the activities of states outside their territory, the spatial sphere of their sovereignty.

Understanding the subject of international law is connected with the answer to the question: to whom are the norms of international law addressed?

The "Course of International Law" argues that the norms of international law oblige the state as a whole, and not

§ 2. Subject of regulation of international law 9

its specific bodies and officials, and the competence and behavior of state bodies and officials responsible for ensuring the fulfillment of international obligations, are regulated by the norms of domestic law 1 . A clarification is needed here: the norms of international law not only oblige, but also grant powers, that is, they empower. As for the essence of the problem, in real international legal practice, the addressee of these norms is not only the state itself. Many international treaties directly formulate the rights and obligations of well-defined state bodies and even officials, indicate very specific executors of contractual norms, directly laying responsibility for the implementation of obligations on them. Moreover, there are international treaties (and their list is steadily growing), some norms of which are directly addressed to individuals and various institutions (legal entities) as potential bearers of rights and obligations established by treaty norms.

International law exists, as it were, in two dimensions and therefore can be characterized in two aspects. It has been formed and is functioning as part of an interstate system that encompasses diverse components of relationships within the international community 2 . Accordingly, this approach predetermines the understanding of international law as a regulator of international relations 3 , foreign policy actions of states as a legal complex that exists in the interstate system and only in it. This interpretation of international law is common in published scientific papers and textbooks.

At the same time, another aspect deserves attention: the characterization of international law as an integral part of the emerging global legal complex, which includes, along with international law, the legal systems of states,

1 See: International Law Course. M., 1989. T. 1. S. 283-284.

2 See for more details: International Law Course. T. 1. S. 9-12; International law / Resp. ed. G. I. Tushin. M., 1994. S. 3-10, 17-22.

3 According to the Federal Law of July 15, 1995 “On International Treaties of the Russian Federation” “international treaties form the legal basis of interstate relations...”.

Chapter 1. The concept of international law, the subject of regulation

i.e. intrastate, national legal systems. This refers to the coordination, interaction, within which certain norms of international law are involved in the regulation of intrastate relations, are directly applied in the sphere of the legal system of the state.

This is connected with what can be called “oncoming traffic” in modern law: international treaties and other international legal acts are guided by interaction with national legislation, while maintaining a respectful attitude towards it, towards the jurisdictional prerogatives of each state; laws and other regulations states are enriched with norms stipulated by international law, containing references to international treaties, provisions on the joint application of national and international rules and on the priority application of international rules in conflict situations.

Consequently, one of the essential conditions for the knowledge of international law is the study in the complex of international and domestic legal acts intended for the coordinated regulation of homogeneous relations and thus having combined subject of regulation.

The very names of many international treaties clearly indicate their complex (international-domestic) purpose: the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the Convention on the Rights of the Child, treaties (conventions) on legal assistance and legal relations on civil, family and criminal cases, treaties (agreements) on the avoidance of double taxation of income and property, on the encouragement and mutual protection of investments, on cooperation in the field of science and education, social security, etc. Many of the international treaties are correlated in terms of the subject of regulation with the provisions of the Constitution of the Russian Federation, with the laws of the Russian Federation (until December 1991 - with the laws USSR).

Part 1 Art. 17 of the Constitution of the Russian Federation states that the rights and freedoms of man and citizen are recognized and guaranteed "in accordance with the generally recognized principles and norms of international law." In accordance with Art. 2 of the Federal Law of May 31, 2002 "On Citizenship of the Russian Federation" issues of civil

§ 2. Subject of regulation of international law

danships are regulated not only by the Constitution of the Russian Federation, called the Law, other normative legal acts of the Russian Federation, but also by international treaties of the Russian Federation. The Civil Code of the Russian Federation of 1994 1 provides for the direct application of international treaties of the Russian Federation to certain civil law relations (part 2, article 7). The 1995 Federal Law “On the Detention of Suspected and Accused of Crimes” established that detention is carried out in accordance with the principles and norms of international law, as well as international treaties of the Russian Federation (Article 4).

Historically, there has been a distinction between two categories - international public law And international private law. That international law, which we talk about as a regulator of interstate relations, was usually called public international law (in our time, this name is used very rarely, since it has been supplanted by the term "international law"). Private international law traditionally refers to the rules of conduct and relationships between participants in international relations of a non-state nature, referring primarily to civil law and related relations with a foreign (international) element. Such rules are contained both in the internal law of the states under whose jurisdiction the relevant individuals and legal entities are located, and in international treaties and international customs (see § 6, Chapter 1 of this textbook).

The modern relationship between public international law and private international law is characterized by their convergence, interpenetration, since, on the one hand, international relations involving physical and legal entities went beyond the civil law framework, covering issues of family, administrative, labor law, and, on the other hand, international treaties began to play a more significant role in regulating this kind of relationship, directly establishing the rules of conduct for individuals and legal entities under the jurisdiction of various states. Accordingly, the presentation of many issues of international law (international public

12 Chapter 1. The concept of international law, the subject of regulation

law) is inseparable from the involvement of materials of private international law, meaning a real convergence or even combination of the subject of regulation, the range of participants in legal relations, methods and forms of regulation 1 .

Thus, modern international law is characterized by expanding the scope his applications, and consequently, and expansion of the regulatory framework, since a new sphere of application presupposes the creation of legal norms intended for it and adapted to it. This refers to the sphere of domestic relations, in principle, subject to domestic legal regulation. Certain elements of it, by agreement between the states themselves, are considered as objects of joint regulation - with the participation of both domestic and international legal norms.

The noted circumstances make it possible to characterize the norms of international law not only as the rules of interstate relations, but also as the rules of their mutually acceptable actions within their own jurisdiction, adopted in concert by the states, as well as the rules relating to the status and activities of other entities (including individuals and legal entities) in in accordance with the common interests of states.

The subject of any branch of law should be understood, first of all, a certain type of social relations - the object of legal regulation of this branch. The subject of international law is international relations, the participants of which are states, international organizations, nations and peoples fighting for their independence, and some other subjects. In other words, international law regulates the relations that develop between states as subjects of public authority, bearers of state sovereignty.

It is important to remember that not all international relations are the subject of international law. In principle, any social relation, to one degree or another burdened with a foreign element, can be called international. For example, the state can issue a license for a certain type of activity to a foreign legal entity, prosecute foreigners who have committed a crime, register marriages between citizens different countries to enter into agreements with foreign public associations etc. However, all these relations cannot be considered the subject of public international law, since in these cases the state acts solely on the basis of its domestic legislation and is not opposed by a similar subject. International public law, as its very name implies, regulates only those relations that develop in the sphere of public power between states as such, that is, between states as official structures authorized to exercise power functions. In practice, on behalf of the state, all actions on international arena performed by the head of state, the highest legislative and executive bodies, specially authorized bodies and persons.

According to the indicated sign - the presence of a public interest in a legal relationship - one should distinguish between the subject of legal regulation of international public and international private law. Private international law is characterized by a situation where at least one party to a legal relationship (an individual or legal entity) acts in it in his personal capacity, and not on behalf of his state as a whole. It does not matter whether this party is a state body or an official. For example, the head of state or the head of a diplomatic mission can act in the international arena as private individuals, and one or another state body can act only on its own behalf (for example, when concluding a civil law contract).

At the same time, not only political or military relations between states, but also those that are more characteristic of the sphere of private interest can fall into the sphere of interests of public international law. States can conclude with each other contracts of sale, lease, money loan, etc. Despite the pronounced civil law nature of such agreements, they are governed by public international law, since in all the cases listed we are talking about states as such, and the legal relationship is based on an interstate agreement.

Thus, the subject of international law is international relations of a public-imperious nature, the participants of which are states as carriers of state sovereignty . Part of the subject matter of international public law are relations with the participation of international intergovernmental organizations, nations and peoples fighting for their independence, as well as individual self-governing political and territorial entities.

At the same time, in the theory of international law, there is a point of view about the so-called combined subject of legal regulation, when a particular set of relations is regulated by both international and national law. An example is the Institute legal status individuals, the institution of legal assistance, the legal regulation of investments, etc. From this point of view, international public law can directly regulate relations between subjects of national legal systems.

International law as a terminological category is characterized by a certain degree of conventionality. The term "international law", historically established and accepted in state and interstate acts, other official documents, in scientific publications and training courses, is not quite adequate to the true meaning of the concept.

Its prototype is the term "jus gentium" ("law of peoples"), which has developed in Roman law.

In reality, interstate law exists, since it is created not by peoples directly, but mainly by states as sovereign political organizations, and is focused primarily on the regulation of interstate relations, and is ensured mainly by the efforts of the states themselves.

Subject of regulation

Along with international interstate relations, there are international relations of a non-state character- between legal entities and individuals of different states (the so-called relations "with a foreign element" or "with an international element"), as well as with the participation of international non-governmental organizations and international business associations.

In a special category of mixed international relations of a state-non-state nature, one can single out the relations of states with legal entities and individuals under the jurisdiction of other states, as well as with international non-governmental organizations and international economic associations.

When considering international, interstate relations, it should be borne in mind that they acquire such a character because, in their content, they go beyond the competence and jurisdiction of any individual state, they become an object of joint competence and jurisdiction of states or the entire international community as a whole.

Such an explanation is necessary because in the legal literature one can find judgments based on a purely territorial approach and reducing international relations to the activities of states outside their territory, the spatial sphere of their sovereignty.

Understanding the subject of international law is connected with the answer to the question: to whom are the norms of international law addressed?

The "Course of International Law" states that "the norms of international law oblige the state as a whole, and not its individual organs and officials", and the competence and behavior of state organs and officials responsible for ensuring the fulfillment of international obligations are regulated by the norms of domestic law. A clarification is needed here: the norms of international law not only oblige, but also grant powers, that is, empower. As for the essence of the problem, in real international legal practice, the addressee of these norms is not only the state itself. Many international treaties directly formulate the rights and obligations of well-defined state bodies and even officials, indicate quite specific executors of treaty norms, directly laying responsibility for the implementation of obligations on them. Moreover, there are international treaties (and their list is steadily growing), some norms of which are directly addressed to individuals and various institutions (legal entities) as potential bearers of rights and obligations established by treaty norms.

International law exists, as it were, in two dimensions and therefore can be characterized in two aspects. It has been formed and is functioning as part of an interstate system that embraces diverse components of relationships within the international community. Accordingly, this approach predetermines the understanding of international law as a regulator of international relations, foreign policy actions of states as a legal complex that exists in the interstate system and only in it. This interpretation of international law prevails in published scientific works and textbooks.

At the same time, another aspect deserves attention: the characterization of international law as an integral part of the emerging global legal complex, which includes, along with international law, the legal systems of states, i.e., domestic, national legal systems. This refers to the coordination, interaction, within which certain norms of international law are involved in the regulation of domestic relations, are directly applied in the sphere of the legal system of the state.

This is connected with what can be called "oncoming traffic" in modern law: international treaties and other international legal acts are guided by interaction with national legislation, while maintaining a respectful attitude towards it, towards the jurisdictional prerogatives of each state; laws and other normative acts of states are enriched with norms determined by international law, containing references to international treaties, provisions on the joint application of national and international rules and on the priority application of international rules in conflict situations.

Therefore, one of the essential conditions for the knowledge of international law is the study in the complex of international and domestic legal acts intended for the coordinated regulation of homogeneous relations and thus having a combined subject of regulation.

The very names of many international treaties clearly indicate their complex (international-domestic) purpose: the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the Convention on the Rights of the Child, treaties (conventions) on legal assistance and legal relations in civil, family and criminal cases, treaties (agreements) on the avoidance of double taxation of income and property, on the encouragement and mutual protection of investments, on cooperation in the field of science and education, social security, etc. Many of the international treaties are correlated in subject regulation with provisions, with the laws of the Russian Federation (until December 1991 - with the laws of the USSR).

In accordance with Part 1 of Art. 17 of the Constitution of the Russian Federation, the rights and freedoms of man and citizen are recognized and guaranteed "in accordance with the universally recognized principles and norms of international law." In accordance with Part 1 of Art. 9 of the Law on Citizenship of the Russian Federation "when resolving issues of citizenship, along with this Law, international treaties of the Russian Federation regulating these issues shall be applied." The Civil Code of the Russian Federation of 1994 provides for the direct application of international treaties of the Russian Federation to certain civil law relations (part 2, article 7). The federal law "On the Detention of Suspected and Accused of Committing Crimes" of 1995 established that detention is carried out in accordance with the principles and norms of international law, as well as international treaties of the Russian Federation (Article 4).

Historically, there has been a distinction between two categories - international public law And international private law. That international law, which we talk about as a regulator of interstate relations, was usually called public international law (in our time, this name is practically not used, since it has been supplanted by the term "international law"). Private international law traditionally refers to the rules of conduct and relationships between participants in international relations of a non-state nature, referring primarily to civil law and related relations with a foreign (international) element. Such rules are contained both in the internal law of the states under whose jurisdiction the relevant individuals and legal entities are located, and in international treaties and international customs.

The modern correlation of public international law and private international law is characterized by their convergence, interpenetration, since, on the one hand, international relations involving individuals and legal entities have gone beyond the civil law framework, covering administrative law, criminal law and other areas, and with On the other hand, international treaties began to play a more significant role in regulating this kind of relations, directly establishing the rules of conduct for individuals and legal entities under the jurisdiction of various states. Accordingly, the presentation of many issues of international law (public international law) is inseparable from the involvement of private international law materials, meaning a real convergence or even combination of the subject of regulation, the circle of participants in legal relations, methods and forms of regulation.

Thus, modern international law is characterized by expanding the scope of its application, and consequently, and expansion of the regulatory framework, since a new sphere of application presupposes the creation of legal norms intended for it and adapted to it. This refers to the sphere of domestic relations, in principle subject to domestic legal regulation. Certain elements of it, by agreement between the states themselves, are considered as objects of joint regulation - with the participation of both domestic and international legal norms.

The noted circumstances make it possible to characterize the norms of international law not only as the rules of interstate relations, but also as the rules of their mutually acceptable actions within their own jurisdiction, adopted in concert by the states, as well as the rules relating to the status and activities of other entities (including individuals and legal entities) in in accordance with the common interests of states.

International law as a special legal system

Domestic science has developed a characterization of international law as a special legal system. This refers to the real coexistence of two legal systems: the legal system of the state (domestic legal system) and the legal system of interstate communication (international legal system).

The distinction is based primarily on the method of legal regulation: domestic law is created as a result of authoritative decisions of the competent authorities of the state, international law - in the process of harmonizing the interests of various states.

In the legal literature there are attempts to truncate perception and restrictive interpretation of Part 4 of Art. 15 of the Constitution of the Russian Federation and Art. 5 of the Federal Law "On International Treaties of the Russian Federation" in relation to certain industries, which allegedly, due to their specific nature, do not allow the direct application of international legal norms and their priority application in cases of discrepancy with the norms of the relevant laws. This approach to criminal law has become the most common, which is obviously due to the fact that. UKRF „ as stated in part 2, article.

Such a concept and such an official (in the Criminal Code) decision, as it were, oppose a separate industry to a general constitutional principle. 7 of the Convention for the Protection of Human Rights and Fundamental Freedoms, art. 7 of the CIS Convention on Human Rights and Fundamental Freedoms, according to which the qualification of an act as a criminal offense is determined in accordance with the domestic legislation or international law in force at the time of its commission (the wording of the Covenant; in the European Convention - in accordance with domestic or international law, in the CIS Convention - in accordance with national or international law).

Such an approach is also inconsistent with the draft Code of Crimes against the Peace and Security of Mankind. In this document, approved by the UN International Law Commission and awaiting conventional implementation, the principle of criminal liability is expressed quite clearly: "Crimes against the peace and security of mankind are crimes under international law and are punishable as such, regardless of whether they are punishable under domestic law" (clause 2, article 1).

The commentary to this wording of the draft contains, in particular, the following provisions.

The Commission recognized general principle the direct applicability of international law in relation to personal responsibility and punishment for crimes under international law (followed by reference to the Principles of International Law, recognized by the Charter of the Nuremberg Tribunal and the judgment of the Tribunal).

It is possible to imagine a situation in which some kind of conduct that is a crime under international law would not be prohibited under national law. This circumstance cannot serve as an obstacle to qualifying this type of behavior as a criminal offense under international law.

The Commission recognized the general principle of the autonomy of international law in relation to national law in connection with the qualification of conduct constituting a crime under international law.

In theory, arguments have been developed in favor of the concept of demarcation created state of law, i.e. domestic, "national law, and law applied by the state and within the state. The second complex is much broader and more complicated than the first, because, along with the state's own law, it covers those norms that are outside the scope of national law that are subject to application or can be applied in the sphere of domestic jurisdiction. This refers to the norms of interstate law adopted by the state and intended for internal regulation, and the norms of foreign law, the application of which in certain situations is allowed by separate laws and international treaties.

Main features of modern international law

Modern international law operates in a complex environment, since the states that form and implement this law have significant differences in the socio-political system and in their foreign policy positions. International law is called upon by legal means to "save succeeding generations from the scourge of war", to ensure the maintenance of international peace and security, "to promote social progress and better living conditions in greater freedom" (the wording of the Preamble of the UN Charter), to develop friendly relations among states "regardless of political, economic and social systems and on the level of their development" (the wording of the Declaration on the principles of international law concerning friendly relations and cooperation between states in accordance with the UN Charter).

Modern international law has gradually overcome its former discriminatory nature, parted ways with the concept of "international law of civilized peoples", which excluded the so-called underdeveloped countries from equal communication. Today we can state the achievement of the universality of international legal regulation in the sense that all interested states can participate in international cooperation and international treaties.

Modern international law declares a ban on aggressive, predatory wars, violent methods of resolving interstate disputes, and qualifies such actions as a crime against the peace and security of mankind. The UN Charter expressed the determination of states "to show tolerance and to live together, in peace with each other, as good neighbors."

Modern international law has developed a fairly effective mechanism for reaching agreed decisions, ensuring the implementation of accepted norms, as well as mutually acceptable procedures for resolving interstate disputes by peaceful means.

Modern international law has complex legal structure since it includes, as uniform for all or for the majority of states, the rules called universal, universally accepted norms, and the rules relating to a certain group of states or adopted by only two or several states and called local rules.

Modern international law is common to all states in the sense that it is the universally recognized principles and norms that characterize its main content, its social and universal value. At the same time, it is "linked" to each individual state in the sense that, on the basis of generally recognized principles and norms and in accordance with them, each state also creates its own international legal sphere, which is formed from the local norms adopted by it.

The noted circumstance does not give rise to the assertion that each state has "its own" international law. But each state, as a subject of general, universal international law, also has its own international legal components. For the Russian Federation, the main ones, as for all other states, are such universal international legal acts as the Charter of the United Nations, the Vienna Convention on the Law of Treaties, the Vienna Convention on Diplomatic Relations, the Vienna Convention on Consular Relations, the International Covenants on Human Rights , the UN Convention on the Law of the Sea, the Treaty on Principles for the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies, and general multilateral treaties similar to them in terms of coverage of states, as well as generally recognized customs .

At the same time, only for the Russian Federation and for the states interacting with it in specific issues of legal regulation, the sources of international law are (to name only a few examples): the Charter of the Commonwealth of Independent States and other agreements within the Commonwealth, the Open Skies Treaty and other treaty acts within the framework of CSCE (Conferences on Security and Cooperation in Europe), Convention on the Conservation of Anadromous Species in the Northern Part Pacific Ocean, concluded Russian Federation, the United States of America, Canada and Japan, the Agreement on the Conservation of Polar Bears, signed on behalf of the governments of the Union of Soviet Socialist Republics , the United States of America, Canada, Norway and Denmark, as well as dozens of other local acts with several participants and thousands of bilateral treaties (agreements, conventions, protocols) of a different nature - on the regime of the state border, on the delimitation of the continental shelf and the exclusive economic zone, on legal assistance and legal relations in civil, family and criminal cases, on the equivalence of educational diplomas, academic degrees and titles, on economic, scientific -technical and cultural cooperation, etc.

In the conditions of the Russian Federation, the assessment of this concept involves taking into account a special circumstance - the participation in the legal regulation of not only Russian legislation and international treaties concluded by Russia, but also individual laws and other legal acts of the USSR, since they relate to those that have not yet been settled Russian legislation issues, and many international treaties of the USSR.

It should be noted that the question of the applicability of the laws of the USSR is decided by the new states themselves, both in their legislation and in their mutual agreements. Thus, the Agreement on the Principles of Approximation of the Economic Legislation of the Commonwealth Member States dated October 9, 1992 says: "On issues not regulated by economic legislation, the Parties agreed to temporarily apply the norms of the legislation former Union SSR to the extent that they do not contradict the constitutions and national legislation of the Parties".

Termination of existence in December 1991 of the USSR as public education and as a subject of international law did not mean the termination of international treaties concluded in previous years on behalf of the USSR and other international legal acts adopted by it, as well as international customs recognized by it. Its powers and obligations, which made up the content of these sources of law, are transferred to the Russian Federation in the order of international succession (to various degrees to other newly independent states that were previously part of the USSR as union republics). Accordingly, the wordings now used in official documents - "international treaties of the Russian Federation", "international treaties in force", "international treaties with the participation of the Russian Federation", etc. - cover both international treaties concluded on behalf of the Russian Federation and those that retain legal the force of international treaties of the USSR.

Modern international law is the basis of the international legal order, provided by the collective and individual actions of the states themselves. At the same time, within the framework of collective actions, a more or less stable sanctions mechanism is being formed, represented primarily by the UN Security Council, as well as the relevant regional bodies. This international mechanism interacts with the domestic mechanism.

Today there are sufficient grounds for a conclusion about the effectiveness of international law and its further progress.

International law system

International law has a complex system, which is due to the combination of general legal norms-principles and general legal normative complexes, on the one hand, and industries as homogeneous complexes of norms in accordance with the subject of regulation, as well as intra-industry institutions, on the other.

A) basic principles of international law, constituting its core and of decisive importance for the entire mechanism of international legal regulation;

b) institutions common to international law, each of which includes a set of norms of a specific functional purpose - a set of norms on international legal personality, a set of norms on international law-making, a set of norms on international law enforcement (implementation of legal prescriptions), a set of norms on international legal responsibility. Such a distinction is rather conditional and manifests itself mainly in theoretical constructions.

The second category includes branches of international law, i.e., complexes of homogeneous and established norms according to the subject of legal regulation. They are classified both on the grounds that are accepted in domestic law (with some adjustments), and on the grounds inherent in international legal regulation. The list of industries is not entirely based on objective criteria. The generally recognized ones include (without touching on the issue of names so far) such branches: the law of international treaties, the law of external relations (diplomatic and consular law), the law of international organizations, the law international security, international environmental law (law environment), international humanitarian law ("human rights law"), international maritime law, international space law and others.

However, discussions on this issue continue, affecting both the grounds for the constitution of industries, and their specific characteristics (for example, different opinions on international nuclear law, international criminal law, international economic law), and their names (some options are noted above, one can also say about the vulnerability of the term "law of armed conflict"), and the internal structure of individual industries.

Within industries there are sub-sectors And legal institutions as regulatory mini-complexes on specific regulatory issues. So, in the law of external relations (diplomatic and consular law), diplomatic law, consular law, the law of permanent missions to international organizations, the law of special missions, and in their composition - institutions for the formation of representations, their functions, immunities and privileges; in international maritime law - a group of rules governing the regimes of the territorial sea, the continental shelf, the exclusive economic zone, the high seas, the seabed area outside national jurisdiction.

Among the problems of systematization of international law is the problem of determining the branch "registration" of several groups of norms regulating the regime of certain territories (spaces). For example, questions of the legal status of the state territory, including areas with a special regime, the legal status of Antarctica "dropped out" of the industrial classification.

The construction of the course, adopted in this book, is based on the specified system, on its branches, but has some features due to modern needs.

International legal terminology

The terminology used in international law can be divided into two varieties: 1) terms of a political, diplomatic and general legal nature, which are given a specific interpretation; 2) proper international legal terms.

The first group includes the terms political - state, sovereignty, self-determination of peoples and nations, peace, security, war, aggression; diplomatic - diplomatic relations, diplomatic immunities, consular district, international organizations; general legal - legal norm, legal personality, legal responsibility etc. Their international legal interpretation gave rise to derivative phrases. principle of sovereign equality of states, contracting states, law of international security, definition of aggression as an international crime and responsibility for aggression, diplomatic and consular law, international legal norm, source of international law, international legal personality etc.

There are situations when one term has an ambiguous meaning in domestic and international law (for example, different qualitative characteristics are characteristic of the term treaty, on the one hand, in constitutional, labor or civil law, and on the other hand, in international law).

The list of "purely" international legal terms is quite extensive, which will become clear with further acquaintance with the textbook. For now, let's call them international legal recognition, alternative rule, treaty depositary, third state, right of innocent passage, exclusive economic zone, common heritage of mankind, crimes international character, legal assistance in criminal cases, transfer of convicts.

Terms related to both groups are fixed in the Constitution of the Russian Federation (generally recognized principles and norms of international law, interstate associations, ratification, credentials, territorial sea, dual citizenship, extradition), they are widely used in legislation and law enforcement acts. This aspect is essential in the study of international law, when familiarizing with international treaties, in the process of their interpretation and execution.

Attention should be paid to the following terminological problems.

First, the use of the word "right" requires proper precision, since it has two independent meanings. On the one hand, it is a set, a complex of legal norms that form the basis of the legal system or constitute a branch of law. These are the terms Russian law", "international law", "constitutional (state) law", "civil law", "international humanitarian law", "international law of the sea". On the other hand, this is the subjective competence of a participant in a legal relationship. Its options are numerous: life, the right to liberty and security of person, the right to education, the right to apply to interstate bodies, the right of the state to conclude international treaties, the right to self-defense, the right to free navigation on the high seas, the right of the nation (people) to self-determination.

Secondly, in international law, the same term can be used both as a generic concept and to refer to a more specific category. Thus, "international treaty" is also a generalizing concept for all international acts with identical formal features (treaty, agreement, convention, protocol, pact), it is in this sense that it is used in the title of the Vienna Convention on the Law of Treaties and in the title of one of the branches international law, and in the name of one of the varieties of such acts (the Comprehensive Nuclear-Test-Ban Treaty, the Treaty between the Russian Federation and the People's Republic of China on Legal Assistance in Civil and Criminal Matters). " international Conference"As a generic concept, it covers, along with multilateral meetings that have this name, meetings and congresses.

Thirdly, there are known cases of the use of one term to denote various phenomena For example, "protocol" may refer to: a) an independent treaty; b) an annex to a treaty or convention; c) procedure, the order of certain official actions (diplomatic protocol).

Fourthly, it is necessary to state the appearance in the scientific and educational literature of new concepts using already established terms, but having a different content. Such changes are gradually undergoing the phrase "international humanitarian law", which traditionally denoted the norms characterizing the protection of human rights during armed conflicts. Today, in separate textbooks, including this book, the broader content of this concept is substantiated, covering the entire complex of international norms on the consolidation, implementation and protection of rights and freedoms.

Fifthly, completely different international legal categories can be hidden behind superficially similar phrases. The most indicative in this respect are the terms "open sea", "open sky", "open land". Such "identity" of words often gives rise to serious errors. The most characteristic example is the identification of the legally ambiguous categories "extradition" and "transfer" that is widespread even among specialists.

It should be said about the application in international legal acts and diplomatic documents individual terms and expressions directly in Latin. These are "jus cogens" (general peremptory norm, "indisputable right"), "opinio juris" ("legal opinion" recognized as law), "pacta sunt servanda" ("treaties must be observed"), "persona non grata "("unwanted person" - in diplomatic law).

The respectful attitude of international law to national legal terminology is characteristic. In particular, the proviso applies that, in the application of the treaty, any term not defined in the treaty shall have the meaning determined by the legislation of the respective state. For example, in bilateral agreements on the avoidance of double taxation of income and property, it is noted that, for the purposes of the agreement, the meaning of the term "immovable property" is determined by the legislation of the state in whose territory this property is located.

The contractual interpretation of terms has become widespread. This refers to cases where the text of the treaty includes (usually at the beginning of the text) a special article called "use of terms", while a reservation is made that the interpretation used is given only "for the purposes of this treaty", "for the purposes of this convention".

Yes, Art. 2 of the Vienna Convention on the Law of Treaties gives an interpretation of the terms "treaty", "ratification", "acceptance", "reservation", "contracting state", "third state", etc. In Art. 2 of the Vienna Convention on the Succession of States in relation to treaties, such terms as "succession", "predecessor state", "successor state" are characterized. In Art. 1 of the UN Convention on the Law of the Sea explains the terms "area", "body", "pollution marine environment" etc.

The concept of the subject of international law

Definition 1

The subject of international law is a samba of a set of norms of an international legal nature that independently regulate various branches of law, including in the field of international relations and domestic relations.

Speaking about the role of international law in modern world, it should be noted that it is constantly growing. This is due to the fact that a number of problems and processes are constantly repeated, and the state is not able to resolve, regulate them with the help of domestic law on the territory of one state.

Remark 1

At the same time, the field of international law acts as one of the most complex branches of law, far from being always covered in legal theory. In this area, there are many problems and contradictions, as well as gaps that require regulation either through the adoption of new regulations or through the development of international legal principles. Some problems in this area receive a very ambiguous interpretation, which is primarily due to the fact that international law is closely related to international politics. Such a position only complicates the situation in this area.

Separate features of this branch of law are manifested in the scope of international law, which regulates a wide range of legal relations, including between states acting as subjects of international law. The customs of international law, the peculiarities of the relations of subjects, sources, as well as the specifics of the legal regulation of social relations in this area have certain features.

International law is very different from domestic law, which is primarily due to the specifics of the subject matter of international law. It aims to regulate relations between several sovereign states i.e. between two or more states.

Thus, the subject of international law is understood as the specificity of the legal regulation of the industry, that is, the totality of international relations that develop between various subjects of international law, for example, states, organizations, peoples, and so on.

The subject of international law is very broad concept, since the scope of international legal relations very widely covers various areas, for example, the following:

• political;
• economic;
• legal;
• cultural, etc.

From this we can conclude that the interaction between states is carried out in a variety of areas, and not only related to the economic and political development of states, but also cultural, environmental, and other areas.

Method of international law

The method of international law is understood as a special way of influencing a given branch of law on the subject of their regulation. Just like in other branches of law, two main methods of regulation are applied here:

• dispositive;
• imperative.

The first method means on the specifics of such legal regulation, in which any requirements are advisory in nature, that is, legal regulation is based on the legal consciousness of the subjects of law. In the imperative method, the authorities of subjects of law, for example, international organizations, are used, in which subjects of law are obliged to fulfill all the requirements that are put forward in relation to them. Accordingly, any subjects of law have rights and obligations, that is, they have legal capacity, legal capacity, and there is also delinquency, that is, the ability to answer for the offenses committed.

The specifics of the methods of international law

Despite the presence of various methods of legal regulation, international law acts as an independent and integral legal system. At the same time, based on the norms of the Constitution of the Russian Federation, the generally recognized principles and norms of international law and international treaties act only as an integral part of the legal system of Russia, while, having priority over national legislation, international norms do not have priority over the norms Constitution. However, even this situation generates significant discussions in the field of international law.

Mastering the methods of international law makes it possible to fulfill various tasks facing the world community today. Namely:

• ensure the equality of all subjects of international law, especially states;
• settlement of conflicts by any peaceful means, in order to prevent the creation of a military situation;
• permission global problems that face humanity today, including in the environmental sphere, in political sphere, in the economic sphere and so on.

Remark 2

It is also necessary to take into account the need to protect the rights and freedoms of man and citizen on the territory of all states. If a violation by the state of the rights and freedoms of a person and a citizen is revealed, despite the fact that the violation occurs within the state, it must be held responsible for the deed, and the violated rights and freedoms must be restored without fail.

The use of imperative and dispositive methods also makes it possible to form legal documents in this area, which would be both mandatory and recommendatory in nature. Speaking about the sphere of international law, it should be noted that the main documents here are advisory in nature. International documents acquire a binding character if they are signed by states and ratified in the prescribed form. Then sanctions follow for their violation.

The implementation of sanctions is carried out by the relevant authorized bodies, which must ensure the executability of international documents and are often enshrined in them. The main method of resolving all conflicts is their peaceful resolution. However, in the event of a mass violation of the rights and freedoms of man and citizen, genocide, the threat of using weapons of mass destruction, military forces may be used.

MP arose with the advent. state-in. Target: cooperation m / y state-mi.

International law - a complex set of legal norms created by states and interstate organizations through agreements, and representing an independent legal system, the subject of which is interstate and other international relations, as well as certain domestic relations. International law is a special legal system that exists in parallel with national legal systems. Legal system is the totality of all legal phenomena existing in the definition. states. Elements of the right system: system of law; lawmaking; law enforcement; legal awareness; legal ideology, legal relations.

Subject of international law - international relations - relations that go beyond the competence and jurisdiction of any state. Includes relationships:

between states - bilateral and multilateral relations;

between states and international intergovernmental organizations;

between states and state-like entities;

between international intergovernmental organizations.

Peculiarities:

1.MP as a system of law - this is a set of principles and norms created by certain subjects of international relations and regulating international relations.

1) IL norms are created mainly by states and international organizations on the basis of an agreement.

2) International relations that go beyond the competence and jurisdiction of the state - the subject of MT.

2. Legal relationship:

MP subjects: state-in; int. intergovernmental organizations (UN); nations fighting for independence (Org-I liberated. Palestine); state-va-like formations (Vatican).

Objects of international relations:

1) Issues that are inherently international and cannot relate to the internal competence of the state: issues constituting universal interests and values ​​(issues of peace and security; legal regime international territory; global ecological problems and etc.)

2) Other issues that can only be resolved by joint efforts of states based on their mutual interests (establishment of state borders; provision of legal assistance in criminal and civil cases)

3) Issues that are within the internal competence of the state, but for their more effective resolution, cooperation with other states is necessary (ensuring and protecting human rights; exercising international criminal jurisdiction over certain criminal acts).

3. Lawmaking: there is no special in MP. legislator organs; MP is created by the subjects of MP, predominantly. gos-you. Creation norms. by means of international dog., or formed. int. customs.

4. Law enforcement: There is no effective enforcement mechanism in MP. The MP operates on the principle that conscientiousness is fulfilled. their international responsibilities. In MP, n. int. court. institutions that attract MP subjects (International Court of Justice, European Court of Human Rights)

Retortions – responsible actions (measures)

Represari - what follows from the conclusion. int. dog-ra (in case of violation of dog-ra) Ex. - economy. sanctions.