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International legal personality of nations and peoples fighting for independence. International Law Arab People of Palestine

Recognition of the international legal personality of nations and peoples is directly related to the adoption of the UN Charter, which enshrined as a fundamental principle the right of a nation and people to self-determination. This principle was later developed in documents adopted by the UN General Assembly: the Declaration on the Granting of Independence to Colonial Countries and Peoples of 1960 and the Declaration of Principles of International Law of 1970, which established the personification of nations and peoples as subjects of international law. The terms “people” and “nation” in international instruments were considered identical.

The successful development of the anti-colonial struggle in the 60s of the twentieth century led to universal recognition of the international legal personality of nations and peoples who have embarked on the path of self-determination. The practice of concluding international treaties between sovereign states and national liberation bodies has spread, which, in addition, received observer status in international intergovernmental organizations, and their representatives have the right to participate in international conferences.

The norms of international law and the practice of international relations have determined the scope of the legal capacity of the fighting nation, which includes a complex of the following basic (subject-specific) rights:

The right to independent expression of will;

The right to international legal protection and assistance from other subjects of international law;

The right to participate in the work of international organizations and conferences;

The right to participate in the creation of international legal norms and to independently fulfill one’s obligations

The right to take coercive measures against violators of national sovereignty.

These rights, which form the basis of the international legal capacity of a people, have specifics, distinguishing it from the universal legal capacity of sovereign states. A people (nation) fighting for independence can participate in international relations only on issues related to the exercise of the right to self-determination. This situation is most clearly manifested in the practice of international organizations of the UN system. The UN Charter and the charters of other organizations of the UN system recognize only a sovereign state as a full member of the organization. National entities in the UN system have a special status - associate members or observers.

The doctrinal interpretation of the international legal personality of nations and peoples has developed in a rather contradictory and ambiguous manner. The main problem of scientific controversy was the question of determining the scope of the international legal capacity of a nation (people).

The existence of the international legal personality of nations and peoples was most consistently defended in Soviet international legal doctrine, coming from ideas of national sovereignty, due to the possession of which a nation (people) is the main (primary) subject of international law, endowed universal legal capacity. A nation (people) was understood not simply as a population living in a certain territory, but as an organizationally formed cultural and historical community, aware of its unity. Soviet scientists believed that every people (nation) is a potential subject of international law, but it becomes a participant in real international legal relations from the moment the struggle for its political self-determination begins.

IN Western international legal doctrine The international legal personality of nations and peoples was clearly recognized only as a result of the successful development of the anti-colonial movement. However, the universal scope of the legal capacity of this subject of international law has never been recognized by Western scientists. In general the essence of this doctrine can be expressed as follows: a nation that has a political organization and independently carries out quasi-state functions has the right to participate in international relations, but has a limited scope of legal capacity, including powers of a specific nature (the right to decolonization, the right to social, economic and political self-determination, the right of national minorities demand protection and defend your rights).

In the last decade, approaches to determining the legal personality of nations (peoples) fighting for independence have changed and in domestic (modern) international legal doctrine. Russian researchers also recognized that a nation (people) has a specific legal capacity limited by the right to self-determination. In addition, today, when the vast majority of former colonial peoples have achieved independence, the right of a nation to self-determination has begun to be viewed in another aspect, as the right to the development of a nation that has already freely determined its political status. Most domestic researchers now believe that the principle of the people’s right to self-determination is necessary be consistent with other principles of international law, especially when it comes to the self-determination of individual nations within the framework of a multinational sovereign state. Such self-determination does not at all imply the obligation to secede and create a new state. It implies an increase in the level of independence, but without threatening the territorial integrity of the state and human rights. This position was consolidated in the resolution of the Constitutional Court of the Russian Federation dated March 13, 1992, which states that “without denying the right of the people to self-determination, exercised through a legitimate expression of will, one should proceed from the fact that international law limits it to compliance with the principle of territorial integrity and the principle respect for human rights."

Concept of international law
- The concept of international law and its features
- Rules of international law
  - Classification of norms of international law
  - Creation of international law
- International legal sanctions and international control
- International legal relations
- Legal facts in international law
Dominance (supremacy) of law (Rule of Law) in modern international law
- Origins of the concept of the rule of law
- Legal content of the concept of the rule of law: goals, structural content, direction of regulatory impact, connection with other concepts comparable in essence
The principle of good faith as the basis for the effectiveness of international law
- Legal essence of the principle of good faith
  - The relationship between the principle of good faith and other principles and institutions of international law
- The principle of good faith and the principle of inadmissibility of abuse of rights
  - The principle of good faith and the principle of inadmissibility of abuse of rights - page 2
Formation, general character, sources and system of modern international law
- The formation and general nature of modern international law
- Sources of international law
  - Decisions of international organizations as sources of international law
- System of international law
- Codification of international law
Subjects and objects of modern international law
- The concept and types of subjects of international law. Contents of international legal personality
- States are the main subjects of international law
- International legal personality of nations and nationalities fighting for their independence
- International legal recognition as an institution of law
  - Declarative and constitutive theories on the meaning of international legal recognition
- - International organizations - secondary subjects of international law
- Legal status of the individual in international law
- Object of international law and international legal relations
  - Object of international law and international legal relations - page 2
Basic principles of international law
- The concept of basic principles of international law
- Principles Guiding the Maintenance of International Law and Security
- General principles of interstate cooperation
- The principle of good faith as a general principle of law and as one of the fundamental principles of modern international law
Interaction of international and domestic law
- The sphere of interaction between international and domestic law
- Influence of domestic law on international law
- The influence of international law on domestic law
- Doctrines of the relationship between international and domestic law
Law of international treaties
- International treaty and the law of international treaties
- Structure of international treaties
- Conclusion of international treaties
- Validity of international treaties
- Validity and application of treaties
- Interpretation of international treaties
- Termination and suspension of international treaties
Law of international organizations
- The concept and main features of an international organization. Classification of international organizations
- The procedure for creating international organizations and terminating their existence
- Legal personality of international organizations
- >Legal nature of international organizations and organization of their activities
  - Rights of international organizations
  - The nature of legal acts of international organizations
- UN as an international organization
  - Organization Structure
  - Universal Declaration of Human Rights
  - Human rights issues
- UN specialized agencies
  - UNESCO and WHO
  - International Civil Aviation Organization, Universal Postal Union, International Telecommunication Union
  - World Meteorological Organization, International Maritime Organization, World Intellectual Property Organization
  - International Fund for Agricultural Development, General Agreement on Tariffs and Trade, IAEA
  - The World Bank
- Regional organizations
  - Commonwealth of Independent States (CIS)
Diplomatic and consular law
- Concept and sources of diplomatic and consular law
- Diplomatic missions
  - Representative office staff
- Consular offices
  - Privileges and immunities of consular posts
- Permanent missions of states to international organizations
- Special Missions
International Security Law
- Concept of International Security Temperament
- Special principles of international security
- Universal system of collective security
- UN activities to celebrate the Year of Dialogue among Civilizations under the auspices of the United Nations
- Regional collective security systems
- Disarmament is a key issue in international security
- Neutrality and its role in maintaining international peace and security
Human rights and international law
- Population and its composition, citizenship
- Legal status of foreigners
- Right of asylum
- International cooperation on human rights issues
- International protection of the rights of women and children
- International protection of minority rights
- Human right to decent housing
  - Government obligations to ensure the human right to adequate housing
  - Institute of “recognition” in the field of ensuring the right to adequate housing
  - Elements of housing rights
  - Possibilities of considering housing rights in court
International cooperation in the fight against crime
- Main forms of international cooperation in the fight against crime and its legal basis
- Combating international crimes and crimes of an international nature
  - Drug distribution and trafficking
- Legal assistance in criminal cases
- International Criminal Police Organization - Interpol
International economic law
- The concept of international economic law and its sources. Subjects of international economic law
- International legal framework for economic integration
- Improving the system of international economic relations and forming a new economic order
- Special principles of international economic law
- Main areas of international economic relations and their legal regulation
- International organizations in the field of interstate economic relations
Territory in international law (general issues)
- State territory
- State border
- Legal regime of international rivers
- Demilitarization of the territory
- Legal regime of the Arctic and Antarctic
International maritime law
- The concept of international maritime law
- Internal sea waters and territorial sea
- Adjacent and economic zones
- Legal regime of the high seas
- Concept and legal regime of the continental shelf
- Legal regime of international straits and channels
International air law
- The concept of international air law and its principles
- Legal regime of airspace. International flights
- International air services
International space law
- Concept and sources of international space law
- International legal regime of outer space and celestial bodies
- International legal regime of space objects and astronauts
- International legal responsibility for activities in outer space
- Legal basis for international cooperation in the peaceful use of outer space
- The importance of practical measures by the world community for the peaceful use of outer space
International environmental law
- The concept of international environmental law, its principles and sources
- International organizations and conferences in the field of environmental protection
- Protection of the environment of the World Ocean, protection of the atmosphere and prevention of climate change, protection of flora and fauna
- Protection of the aquatic environment of international rivers and the environment of polar regions
- Environmental protection in the process of space and nuclear activities
- International legal regulation of hazardous waste management
International legal means of resolving international disputes
- The essence of the peaceful settlement of international disputes
- Means of resolving international disputes
- Resolution of international disputes by court
  - Creation of a new International Court within the United Nations
  - Dispute resolution procedure
  - Bodies and specialized agencies of the United Nations authorized to apply to the Court for an advisory opinion
- Dispute resolution in international organizations
International law in times of armed conflict
- The concept of the law of armed conflict
- The outbreak of war and its international legal consequences. Participants in the war (armed conflict)
- Means and methods of warfare
- Neutrality in war
- International legal protection of victims of armed conflicts
- The end of the war and its international legal consequences
- Development as a way to prevent conflicts

International legal personality of nations and nationalities fighting for their independence

A feature of modern international law from the point of view of its subjects is that nations and peoples who are fighting for their state independence are recognized as participants in international legal relations and the creation of norms of international law.

The struggle of nations and peoples to form their own independent state is legal in accordance with international law and the UN Charter. This follows from the right of nations to self-determination - one of the most important international legal principles.

In the UN Charter and other international legal documents, the term “people” is used in the relevant sections as a subject of self-determination, which does not affect the essence of the problem. In our science, the terms “people” and “nation” are considered equivalent and both are often used together.

The struggle of peoples (nations) for the formation of their own independent states is legitimate in any form - peaceful and non-peaceful, including in the form of a national liberation war. Moreover, violent obstruction of the right to self-determination, the preservation of colonialism in all forms - old (in the form of all kinds of direct colonial possession, occupation, protectorates, etc.) and new - in the form of neo-colonialism (unequal treaties, enslaving loans and credits, other foreign control) are inconsistent with international law.

During the national liberation struggle, peoples can create their own governing bodies that exercise legislative and executive functions and express the sovereign will of nations. In such cases, the fighting nations become participants in international legal relations, subjects of international law who exercise their international rights and obligations through the mentioned bodies. These were, for example, the Algerian National Liberation Front, the People's Movement for the Liberation of Angola (MPLA), the Mozambique Liberation Front (FRELIMO), and the South West African People's Organization (SWAPO). This is the Palestine Liberation Organization (PLO).

Like sovereign states, nations fighting for their state independence have full international legal personality; they can enter into relations with other states and international organizations, send their official representatives for negotiations, participate in international conferences and international organizations, and conclude international treaties. . During the armed national liberation struggle, nations and peoples, like states, enjoy the protection of international law norms designed for the event of war (regarding the treatment of the wounded, prisoners of war, etc.), although these norms are often violated. In all these cases, we are essentially talking about new independent states emerging during the national liberation struggle, and therefore they are considered full subjects of international law.

The legal personality of fighting nations, like the legal personality of states, is objective in nature, i.e. exists independently of anyone's will. Modern international law confirms and guarantees the right of peoples to self-determination, including the right to free choice and development of their socio-political status.

The principle of self-determination of peoples is one of the basic principles of international law; its formation dates back to the end of the 19th and beginning of the 20th centuries. It acquired especially dynamic development after the October Revolution of 1917 in Russia.

With the adoption of the UN Charter, the right of a nation to self-determination finally completed its legal formalization as a fundamental principle of international law. The Declaration on the Granting of Independence to Colonial Countries and Peoples of 1960 concretized and developed the content of this principle. Its contents were most fully formulated in the Declaration of Principles of International Law of 1970, which states: “All peoples have the right freely to determine, without outside interference, their political status and to pursue their economic, social and cultural development, and every State has the obligation to respect this right in in accordance with the provisions of the UN Charter."

In modern international law there are norms confirming the legal personality of fighting nations. Nations struggling to establish an independent state are protected by international law; They can objectively apply coercive measures against those forces that prevent the nation from acquiring full international legal personality and becoming a state. But the use of coercion is not the only and, in principle, not the main manifestation of the international legal personality of nations. Only a nation that has its own political organization that independently carries out quasi-state functions can be recognized as a subject of international law.

In other words, the nation must have a pre-state form of organization: a popular front, the beginnings of government and management bodies, the population in the controlled territory, etc.

It is necessary to take into account that not all, but only a limited number of nations can (and do) have international legal personality in the proper sense of the word - nations that are not formalized into states, but are striving for their creation in accordance with international law.

Thus, almost any nation can potentially become a subject of legal relations of self-determination. However, the right of peoples to self-determination was recorded in order to combat colonialism and its consequences, and as an anti-colonial norm, it fulfilled its task.

Currently, another aspect of the right of nations to self-determination is acquiring particular importance. Today we are talking about the development of a nation that has already freely determined its political status. In current conditions, the principle of the right of nations to self-determination must be harmonized and consistent with other principles of international law and, in particular, with the principle of respect for state sovereignty and non-interference in the internal affairs of other states. In other words, we need to talk no longer about the right of all (!) nations to international legal personality, but about the right of a nation that has received its statehood to develop without outside interference.

A struggling nation enters into legal relations with the state that controls this territory, other states and nations, and international organizations. By participating in specific international legal relations, it acquires additional rights and protection.

There are rights that a nation already possesses (they stem from national sovereignty) and rights that it struggles to possess (they stem from state sovereignty).

The legal personality of a struggling nation includes a set of the following fundamental rights: the right to independent expression of will; the right to international legal protection and assistance from other subjects of international law; the right to participate in international organizations and conferences; the right to participate in the creation of international law and independently fulfill accepted international obligations.

In practice, there are cases of recognition as a nation fighting for self-determination (national liberation movements), a belligerent and a rebel side. We are talking about the recognition of a military-political formation that has a strong organization headed by a responsible person, controls a significant part of the territory of the state and wages a continuous and coordinated struggle with the central government for a long time.

Such recognition took place in the case of the Arab-Israeli conflict (recognition of the Palestine Liberation Organization), in the process of decolonization of Africa. In relation to national liberation movements operating in Africa, the UN recognized only those of them that were also recognized by the Organization of African Unity as the only representatives of their peoples. In essence, this was recognition of the organs of national liberation.

More complex situations also occur. For example, in Ethiopia, both the opposition to the central government and the military forces of Eritrea fought against the existing central government. After the overthrow of the regime of Mangistu Haile Mariam, the opposition came to power in Addis Ababa and recognized the independence of Eritrea, led by the leaders of the armed resistance. However, a war soon began between them over the disputed territory, which has not yet been completed. In the case under consideration, we are dealing with a situation where two governments are involved in a political struggle.

Recognition of a belligerent and rebel party is essential for the purposes of international humanitarian law applicable in armed conflicts. Such recognition means that the state expressing recognition qualifies the actions of the belligerent and rebel party as not regulated by the norms of national legislation, including criminal law, since the relevant norms of international humanitarian law apply to the relations of the parties to the conflict.

Recognition in these cases is also important from the point of view of protecting the interests of third states on the territory of the country,

where such an armed conflict occurs. A third state that recognizes the belligerents can declare neutrality and demand respect for its rights.

It is worth mentioning the precedent of recognition as a nation applied by the Entente powers in 1917-1918. in relation to Czechoslovakia and Poland, which were then just being constituted as independent states, but were already creating their military formations on French territory, which necessitated such recognition.

After the local authorities unilaterally declared the independence of Kosovo on February 17, 2008, taking into account the related complication of the political situation in Serbia and the Balkans in general, Russia demanded the convening of a meeting of the UN Security Council to discuss the current situation. However, the United States, without waiting for a meeting of the UN Security Council, announced its intentions to recognize the independence of Kosovo and establish diplomatic relations with it. This action by the United States was encouraged by several other states, which also announced their intentions to recognize Kosovo as an independent state. From the point of view of the generally accepted approach in international law, recognition cannot create an independent state and, therefore,

" cannot affect the status of Kosovo, which is an integral part of Serbia. The Serbian authorities considered the US position 1 as an act of interference in their internal affairs. The Serbian National Security Council decided to create a team of lawyers to file claims against countries, including the United States, recognized the independence of Kosovo. At the same time, the Serbian government considered the best way out of the current situation the decision of the US administration to refuse to recognize the independence of Kosovo. The US subsequently established diplomatic relations with Kosovo and opened an embassy in Pristina. As can be seen from this example, the institution of recognition here served as a tool for complicating the situation related to the determination of the status of Kosovo, and was used to undermine the consensus reached on the basis of UN Security Council Resolution 1244 (1989).

At the 2008 session of the UN General Assembly, at the proposal of Serbia, a resolution was adopted requesting the International Court of Justice to issue an advisory opinion on the question: “Does the unilateral declaration of independence by the Provisional Institutions of Self-Government of Kosovo comply with international law?”

More on topic 6.1.3. Recognition of a nation fighting for self-determination, a belligerent and rebel side:

Forms of self-determination; content of the principle of self-determination; subjects of self-determination
Nations-ethnic groups and nation-states in Russian statehood: history and modernity.
1. Recognition of the quality of an international personality by subjects of international law.
Limitation of belligerents in the choice of methods and means of warfare
CHAPTER X ASSISTANCE OF THE SOVIET UNION TO THE PEOPLES FIGHTING FOR INDEPENDENCE
3. Strengthening cooperation and unity of peoples fighting against colonialism
5. Citizens of neutral states and their property on the territory of warring states
The electors rebelled against such claims and even declared that the one elected by the electors
Appendix Na 9 Procedure for accepting a plea of guilty. Deal of recognition. Rules and practice of the US Federal Courts
18. The formal side of publicity. - The material side, called the beginning of social authenticity (offentlicher Glaube). - The positive and negative side of social credibility. Fidelity and completeness of the patrimonial book
§ 7. Recognition of a movable thing as ownerless and recognition of the right of municipal ownership to an ownerless immovable thing

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Introduction

1. Subjects of international law: concept, characteristics and types. Contents of international legal personality

2. International legal personality of nations and peoples fighting for their independence. National sovereignty: concept and methods of its implementation

3. The principle of self-determination of nations and peoples. Its relationship with the principle of territorial integrity of states

Conclusion

List of used literature

Introduction

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

A subject of international law is an independent entity that, thanks to its capabilities and legal properties, is capable of possessing rights and obligations under international law and participating in the creation and implementation of its norms. The subjects of public international law (hereinafter referred to as PIL) include states, nations and peoples fighting for their liberation, state-like entities, and international institutions.

The relevance of this topic lies in the fact that, being subjects of international law, nations and peoples fighting for their independence acquire certain rights and obligations in international law.

Primary subjects of MPP are not created by anyone as such. Their appearance is an objective reality, the result of a historical process. These are, first of all, states and, in some cases, nations and peoples. Due to the inherent state sovereignty of the former, and national sovereignty of the latter, they are ipso facto (only as a result of the fact of their existence) recognized as bearers of international rights and obligations. There are no rules in MPP that would give primary subjects legal personality. There are only norms confirming the existence of their legal personality from the moment of formation. In other words, the legal personality of primary subjects does not depend on anyone’s will and is objective in nature.

Derivative subjects of MPP are created by primary ones, and the legal sources for their establishment are an international treaty and, as a variation of it, constituent documents in the form of charters. Derived subjects have limited legal personality, which is due to the recognition of these participants in international relations by primary subjects. Moreover, the extent of their international legal personality depends on the intention and desire of their creators. Derived subjects of LSP include state-like entities and intergovernmental organizations.

The MSP subject is a collective entity. Each subject has elements of organization: the state - power and management apparatus; a struggling nation is a political body representing it within the country and in international relations; international organization - permanent norms, etc. Each of them has an independent legal status and acts in the external arena on its own behalf. Some scientists believe that only the presence of three elements (possession of rights and obligations arising from international legal norms; existence in the form of a collective entity; direct participation in the creation of international legal norms) gives grounds to “consider this or that entity a full-fledged subject of international law.”

Thus, the purpose of this work is to consider nations and peoples fighting for their independence as subjects of international law.

To achieve this goal, it is necessary to solve the following tasks:

· consider the subjects of international law: concept, characteristics and types. Reveal the content of international legal personality;

· give the concept of international legal personality of nations and peoples fighting for their independence. National sovereignty: concept and methods of its implementation;

· consider the principle of self-determination of nations and peoples, its relationship with the principle of territorial integrity of states.

1. Subjects of international law: concept, characteristics and types. Contents of international lawsubjectivity

Subjects of international law are participants in international relations who have international rights and obligations, exercise them on the basis of international law and, if necessary, bear international legal responsibility P.N. Biryukov. International law. - M.: Yurist, 1998.

Depending on their legal nature and origin, subjects of international law are divided into two categories: primary and derivative (secondary). They are sometimes called sovereign and non-sovereign.

The primary subjects of international law are states, and under certain circumstances also peoples and nations that independently participate in international relations and evolve towards acquiring their own statehood in one form or another.

The primary subjects of international law are independent and self-governing entities, which from the very beginning, by the very fact of their existence (ipsо facto - lat.), become bearers of international rights and obligations. Their legal personality does not depend on anyone’s external will and is objective in nature. By entering into relationships with each other, the primary subjects of international law make possible the creation of an international legal order and the existence of international law itself.

The category of derivative (secondary) subjects of international law includes entities whose source of legal personality is agreements or any other agreements of primary subjects of international law, primarily states, and in some cases, agreements between already constituted derivative subjects of international law.

Derived (secondary) subjects of international law are mainly intergovernmental organizations, less often - other independent political units endowed with elements of statehood. All of them operate in international relations within the competence provided for by the relevant constituent documents - charters or other legal acts. Such documents determine in each specific case the scope and content of the legal personality of derivative subjects of international law. In this sense, their legal personality is of a constitutive nature, and it can cease (or change) simultaneously with the termination or change of the constituent document Kalalkaryan N.A. Migachev Yu.I. International law. - M.: “Yurlitinform”, 2002. .

Subjects have all the elements of international legal personality (legal and legal capacity). International legal personality includes such important rights as:

· the right to conclude international treaties;

· be members of international organizations;

· have their own official representations (diplomatic, consular, etc.);

· participate in international conferences, etc.

Among the main subjects of international law, states come first. The state is the main political organization of modern society. There is no supreme power over states in international relations that could dictate to them the rules of behavior in their relations with each other. States are at the same time the main creators and guarantors of compliance with international law. At the same time, states are not legally subordinate to each other. This expresses the sovereignty of states.

Sovereignty is an integral quality of the state as a subject of international law. It arose along with the state. Its symbols are the coat of arms, flag and anthem, reflecting historical, geographical and national features.

Thanks to sovereignty, states are equal to each other in legal terms, that is, they have equal rights regardless of the size of their territory, population, economic and cultural development, military power, etc.

The principle of sovereign equality of all states is one of the basic principles of international law. It is enshrined in the UN Charter, as well as in the UN Declaration of Principles of International Law of 1970 and states the following: “Every state has the obligation to respect the legal personality of other states.” International Law: Textbook. Rep. ed. Yu.M. Kolosov, E.S. Krivchikova. - M.: International. relations, 2000.

Self-determination of nations and peoples, judging by modern international legal practice, can be carried out in a variety of forms, including those in which the problem of recognizing the international legal personality of a particular people does not arise.

In addition, the principle of equal rights and self-determination of peoples should not be used to the detriment of the territorial integrity and political unity of states that respect it and ensure the representation of all segments of the population in government bodies without any discrimination.

International relations may involve special political-territorial entities (sometimes called state-like entities), which have internal self-government and, to varying degrees, international legal personality.

Most often, such formations are temporary in nature and arise as a consequence of the unsettled territorial claims of various countries against each other.

What is common to political-territorial entities of this kind is that in almost all cases they were created on the basis of international agreements, usually peace treaties. Such agreements endowed them with a certain international legal personality, provided for an independent constitutional structure, a system of government bodies, the right to issue regulations, and have limited armed forces.

Any subject of international law has:

· legal capacity;

· tortiousness.

Legal capacity is the ability of a subject of international law to have subjective rights and legal obligations. This ability is possessed by:

· states - at the time of formation;

· nations fighting for independence - from the moment of recognition;

· intergovernmental organizations - from the moment the constituent documents enter into force;

· individuals - upon the occurrence of situations defined in the relevant international treaties.

The presence of legal capacity means the legal ability of persons to generate subjective rights and legal obligations by their actions.

Legal capacity means the exercise by subjects of international law independently, through their conscious actions, of their rights and obligations. For example, in accordance with the Agreement on Cooperation in Combating Economic Crimes of 1996, the parties will strive to bring the legislation of their states in accordance with international law. The parties determine the list of their authorized departments responsible for the implementation of this agreement. Each state has the right to send requests to the other party for assistance in collecting information and materials about acts related to the laundering of funds obtained as a result of criminal activity. The requesting party is obliged to provide banking, credit, financial and other documents.

Subjects of international law have delictual capacity, i.e. the ability to bear legal responsibility for offenses committed. So, according to Art. 31 of the 1982 UN Convention on the Law of the Sea, the flag State is liable for any damage or loss caused to the coastal State as a result of the failure of any warship or other government vessel operated for non-commercial purposes to comply with the laws and regulations of the coastal State relating to passage through the territorial sea, or the provisions of the Convention, or other rules of international law. In accordance with Art. II Convention on International Liability for Damage Caused by Space Objects of 1972, a state is absolutely responsible for paying compensation for damage caused by its space object on the surface of the Earth or to an aircraft in flight.

All subjects of international law are bearers of corresponding rights and obligations. This property is called legal personality, which includes two main structural elements (in the general theory of law, legal status is added):

· ability to possess rights and bear responsibilities (legal capacity);

· ability to independently exercise rights and responsibilities (capacity).

· Types of legal personality:

· general (states, GCD);

· industry (intergovernmental organizations);

· special.

General legal personality is the ability of actors (ipso facto - lat.) to be a subject of international law in general. Only sovereign states have such legal personality. They are the primary subjects of international law. Theoretically, nations fighting for their independence also have a common legal personality.

Sectoral legal personality is the ability of actors to be participants in legal relations in a certain area of interstate relations. Intergovernmental organizations have such legal personality. For example, the International Maritime Organization (IMO) has the right to participate in legal relations affecting international merchant shipping, and can approve international legal norms regarding the safety of navigation, the efficiency of navigation, and the prevention and control of pollution from ships.

Intergovernmental organizations cannot deal with other problems besides their statutory ones, and therefore their legal personality is limited to a certain industry or an isolated problem (for example, disarmament, the fight against hunger, protection of the Antarctic natural environment).

Special legal personality is the ability of actors to be a participant in only a certain range of legal relations within a particular branch of international law. For example, natural persons (individuals) have special legal personality. Their legal personality is, in particular, recognized by the Universal Declaration of Human Rights of 1948 (Article 6), the International Covenant on Civil and Political Rights of 1966 (Article 2 et seq.), the International Convention on the Protection of the Rights of All Migrant Workers and Their Members families 1990 (art. 8 et seq.).

Thus, subjects of international law must have the ability to independently participate in international relations regulated by international law and directly enter into legal interaction with other persons authorized or obliged by international law.

Legal personality, in unity with other general rights and obligations of subjects of international law, is covered by the concept of legal status. The main elements of the latter are the rights and obligations of actors of international law in real legal relations, the basis of which are the imperative principles of international law and the corresponding legal fact. So, according to Art. 6 of the Vienna Convention on the Law of Treaties of 1969, each state has the legal capacity to conclude a treaty. This legal capacity of states is based on such generally recognized principles of international law as the principle of respect for state sovereignty and sovereign equality of states, as well as the principle of cooperation between states. In the event of an armed attack (aggression), each state has the inalienable right to individual or collective self-defense (Article 51 of the UN Charter).

2. International legal personality of nations and peoples fighting for their independence. National sovereignty: understanding Tie and ways of its implementation

With the adoption of the UN Charter, the right of a nation to self-determination finally completed its legal formalization as a basic principle of international law. The Declaration on the Granting of Independence to Colonial Countries and Peoples of 1960 concretized and developed the content of this principle. Its content was most fully formulated in the Declaration of Principles of International Law of 1970, which states: “All peoples have the right freely to determine, without outside interference, their political status and to pursue their economic, social and cultural development, and every state is obliged to respect this right in in accordance with the provisions of the UN Charter."

In modern international law there are norms confirming the legal personality of fighting nations. Nations struggling to establish an independent state are protected by international law; They can objectively apply coercive measures against those forces that prevent the nation from acquiring full international legal personality and becoming a state. But the use of coercion is not the only and, in principle, not the main manifestation of the international legal personality of nations. Only a nation that has its own political organization can be recognized as a subject of international law.

It should be noted that according to international law, fighting nations are recognized as subjects of international law represented by national liberation bodies. Fighting nations become participants in international legal relations after the creation in certain territories of power structures capable of acting on behalf of the population inhabiting this territory in interstate relations. As practice shows, such bodies are usually: the national front; political parties expressing the interests of the majority of the nation; National Liberation Army; the provisional revolutionary government and other resistance bodies created during the war of liberation; a representative legislative assembly elected by referendum and the executive body formed by it. Organs of national liberation receive the right to enter into relations with other states and international organizations, participate in international conferences, and enjoy the protection of international law.

The organs of national liberation were the National Liberation Front of Algeria, the People's Movement for the Liberation of Angola, the People's Organization of South West Africa, the Organization of African Unity, the Liberation Organization I (Palestine), the East Pakistan People's League, which expressed the independence of the Bengali people and proclaimed the People's Republic of Bangladesh.

As a subject of international law, nations and peoples fighting for their self-determination, represented by their permanent bodies, can enter into 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.

Currently, another aspect of the right of nations to self-determination is acquiring particular importance. Today we are talking about the development of a nation that has already freely determined its political status. In current conditions, the principle of the right of nations to self-determination must be harmonized and consistent with other principles of international law and, in particular, with the principle of respect for state sovereignty and non-interference in the internal affairs of other states. In other words, we need to talk no longer about the right of all nations to international legal personality, but about the right of a nation that has received its statehood to develop without outside interference.

There are rights that a nation already possesses (they stem from national sovereignty) and rights that it struggles to possess (they stem from state sovereignty).

Thus, the sovereignty of a struggling nation is characterized by the fact that it does not depend on its recognition as a subject of international law by other states; the rights of a struggling nation are protected by international law; a nation, on its own behalf, has the right to take coercive measures against violators of its sovereignty.

In the domestic doctrine, the recognition of peoples and nations as subjects of international law has traditionally been defined as an explicit or tacit act of a sovereign state, stating the entry into the international arena of a new sovereign entity or government, aimed at establishing relations between the recognizing and recognized parties in accordance with generally accepted principles and norms international law. It is believed that modern international law’s recognition of the people’s right to self-determination, sovereignty, and participation in international relations inevitably leads to the recognition of the people as the main bearer of sovereignty, the original subject of international law. This view is based on the principles of international law, which fix the legal personality of nations in the process of struggle for liberation, which place the struggling nation under the protection of international law. The fundamental rights of a nation in the field of international relations include the right to:

· expression of the will of the people fighting for independence;

· recognition of the legal personality of their bodies;

· international legal protection and receiving assistance from states and international organizations;

· participation in the activities of international organizations and intergovernmental conferences;

· participation in the creation of international law;

· independent implementation of current international legal norms.

In recent years, other points of view regarding the legal personality of peoples and nations have appeared in the Russian science of international law. It is proposed to include only states and interstate organizations among the subjects of international law on the basis that the legal personality of peoples and nations fighting for the creation of an independent state is not generally recognized. According to some Russian scientists, peoples who can realize one of the principles of international law - the right to self-determination - should be classified as “special subjects of international law.” It seems that such judgments contradict the principle of self-determination of peoples and nations fighting for independence, which is generally recognized in modern international law and must be respected by the entire world community.

Speaking about national sovereignty, we can define that this represents the sovereignty of the nation, its political freedom, the possession of a real opportunity to determine the nature of its national life, including, first of all, the ability to politically self-determinate up to the separation of the formation of an independent state.

The sovereignty of a nation is manifested in the real ability to independently and sovereignly resolve issues related to its national freedom, state-legal organization, and relationships with other nations and nationalities. Each nation has the right to determine its own destiny, decide the issue of national-state organization, it has the right to join one or another state and unite with other nations in one form or another of a state union, leave a given state and form its own independent national state. Each nation has the right to preserve and freely develop its language, customs, traditions, and relevant national institutions.

The sovereignty of a nation has as its prerequisite national needs, interests and goals arising from the objective conditions of its existence and which are the most important stimulator of the development of the nation, its struggle for its liberation. Interests expressed by the leading class of a given nation, as well as national interests in the full sense of the word, can be put forward as national.

National sovereignty means the right to self-determination, up to and including secession and the formation of an independent state. In multinational states formed through the voluntary unification of nations, the sovereignty exercised by this complex state naturally cannot be the sovereignty of the nation alone. Depending on the way in which the united nations exercised their right to self-determination - by uniting into union states and by federation on the basis of autonomy or confederation, state sovereignty exercised by a given multinational state must guarantee the sovereignty of each of the united nations. In the first case, this is achieved by ensuring the sovereign rights of the subjects of the union, which have ceded part of their rights to a multinational state. In the second case, the sovereignty of nations is ensured by protecting the autonomy of nation states. But in both cases, the multinational state, represented by its highest bodies, is the bearer of the sovereignty not of any individual nation, but of the sovereignty belonging to this particular multinational state, expressing both the common interests of all united nations and the specific interests of each of them. The main thing is that a multinational state in any of its varieties ensures real sovereignty for each of the nations that make up its composition.

Consequently, the state, especially a democratic one that recognizes natural human rights, guards the freedom of any individual, regardless of his nationality, therefore national, ethnic, racial characteristics should not become a criterion of state power. Thus, national sovereignty should be understood as a democratic principle, according to which every nation has the right to freedom, to independent and independent development, which must be respected by all other nations and states.

3. Pthe principle of self-determination of nations and peoples. Eth relationship with the principle of territoreal integrity of states

At a conference in San Francisco, the USSR put forward an initiative to include the principle of self-determination of peoples in the UN Charter, which was supported by representatives of Great Britain, the USA and China. As a result, this principle ceased to be an exclusively political principle and became a principle of positive international law (Article 1, paragraph 2, and Article 55, paragraph 1, of the UN Charter). In the Declaration of Principles of International Law (dated October 24, 1970), the content of this principle is revealed as follows: “By virtue of the principle of equal rights and self-determination of peoples enshrined in the UN Charter, all peoples have the right to freely determine, without outside interference, their political status and to exercise their economic, social and cultural development, and every State is obliged to respect this right in accordance with the provisions of the Charter." The same Declaration states that the means of exercising the right to self-determination may be “the creation of a sovereign and independent state, free accession to or association with an independent state, or the establishment of any other political status.”

In addition, the principle of self-determination of peoples is reflected in the documents of the Conference on Security and Cooperation in Europe - the Helsinki Final Act of 1975, the Final Document of the Vienna Meeting of 1986, the document of the Copenhagen Meeting of the Conference on the Human Dimension of the CSCE of 1990, as well as other international legal acts.

The right of peoples to self-determination is one of the fundamental human rights. Thus, the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights of December 19, 1966 (Article 1) states: “All peoples have the right to self-determination. By virtue of this right, they freely establish their political status and freely ensure their economic, social and cultural development... All States Parties to this Covenant... shall, in accordance with the provisions of the UN Charter, promote the exercise of the right to self-determination and respect this right." international legal personality sovereignty self-determination

The connection between the right to self-determination and human rights is drawn attention to in the UN General Assembly resolution entitled “The universal realization of the right of peoples to self-determination” (1994), which emphasizes that the realization of the right of peoples to self-determination “is a fundamental condition for the effective provision and observance of human rights ". It is important to note that the International Court of Justice, in a number of its decisions, confirmed the thesis that the principle of self-determination “is one of the basic principles of modern international law.”

So what is the specific content of the right of peoples to self-determination? In order to answer this question, it is necessary to keep in mind that this right can be exercised in one of three forms:

1) the status of autonomy within the existing state (i.e. providing a certain people with appropriate representation in the central government bodies on an equal basis with the population of the entire state);

2) creation of their own state;

3) secession (secession) of the state that includes the given people.

At the same time, it is of fundamental importance that the right to self-determination presupposes freedom of choice between these three possibilities Pienkos J., International Public Law, 2004. . Without such freedom of choice, it is impossible to talk about the people's true right to self-determination. This is precisely the true essence of the principle of self-determination of peoples, which they are trying to dilute for the sake of considerations of imperial politics and ideology.

In the science of international law, three main points of view have emerged regarding the relationship between the principle of self-determination of peoples and the principle of territorial integrity of the state:

1) the principle of territorial integrity has priority over the principle of self-determination of peoples;

2) the principle of self-determination of peoples has priority over the principle of territorial integrity;

3) both principles have equal legal force.

As Polish authors Vladislav Chaplinski and Anna Wyrozumska believe, “the right to self-determination cannot belong to national minorities and does not justify the right to secession. In practice, the principle of self-determination was subordinated to the principle of territorial integrity” Kzaplinski V., Wyrozumska A.. International public law. Warsaw, 2004. .

An interesting position regarding the relationship between the principles of self-determination of peoples and territorial integrity was taken by the Constitutional Court of the Russian Federation, which in its ruling of March 13, 1992 stated: “Without denying the right of the people to self-determination, exercised through a legal expression of will, one should proceed from the fact that international law limits it respect for the principle of territorial integrity and the principle of respect for human rights." This position rather supports the primacy of the principle of territorial integrity over the principle of self-determination. However, this approach actually makes the principle of self-determination redundant, or, at best, reduces this principle to the right of the people to autonomy within a single state.

Moreover, as evidenced by the history of international relations (for example, the emergence of independent nation-states in Europe), the right to self-determination of a people has prevailed over the principle of territorial integrity. As Professor G.M. writes in this regard. Melkov: “The principle of equal rights and self-determination of peoples, which was originally a tool in the struggle against colonialism in the New World and an example for peoples under colonial yoke on other continents, as well as the principle of respect for human rights and freedoms, first appeared in the US Declaration of Independence, adopted on 4 July 1776, in the Bill of Rights (the first ten amendments and additions to the US Constitution), adopted on September 17, 1787, and in the French Declaration of the Rights of Man and the Citizen, adopted in 1789. Subsequently, these principles were reflected in the Peace Decree , adopted in Russia on October 26 (November 8), 1917, and in the Declaration of the Rights of the Peoples of Russia, adopted on November 2 (15), 1917. In all these documents, the main provisions were the sovereignty of peoples and their right to self-determination, which were in no way connected with the need to respect the territorial integrity of the United States, England and Russia."

The second point of view seems more reasonable and more consistent with the meaning of the principle of self-determination. Here is what is said about this in the article “the right to self-determination” in the electronic encyclopedia Wikipedia: “Meanwhile, there is an opinion that the principle of territorial integrity is aimed exclusively at protecting the state from external aggression. This is what its wording in paragraph 4 of Art. 2 of the UN Charter: “All Members of the United Nations shall refrain in their international relations from the threat or use of force, either against the territorial integrity or political independence of any State, or in any other manner inconsistent with the Purposes of the United Nations,” and in the Declaration of Principles of International rights: “Every state must refrain from any action aimed at partial or total violation of the national unity and territorial integrity of any other state or country.” Proponents of this opinion point out that the application of the principle of territorial integrity is actually subordinate to the exercise of the right to self-determination - so, according to the Declaration on the principles of international law, in the actions of states “nothing should be interpreted as authorizing or encouraging any action that would lead to the dismemberment or partial or complete violation of the territorial integrity or political unity of sovereign and independent states observing in their actions the principle of equal rights and self-determination of peoples ". Thus, the conclusion is drawn that the principle of territorial integrity is inapplicable to states that do not ensure the equality of the peoples living in it and do not allow the free self-determination of such peoples."

At the same time, it should be borne in mind that there is no hierarchy between the basic principles of international law, which is generally characteristic of the principles of law as such. “Principles,” writes the American scientist Ronald Dworkin in his book “Taking Rights Seriously,” “have a feature that norms do not have - they can be more or less weighty or important. When two principles come into conflict ... those who This conflict must be resolved, the relative weight of each of these principles must be taken into account. It is, of course, impossible to make an exact measurement, and the decision in favor of the greater importance of any particular principle or strategy is often controversial. However, the very concept of a principle contains an indication that it has such a feature and that it makes sense to talk about how important or important it is.” Dvorkin R. About rights seriously. M., 2004. P. 51. .

From this point of view, the principle of equal rights and self-determination of peoples should be considered in the context of other basic principles of international law, primarily such as the principle of territorial integrity, the principle of non-use of force, the principle of peaceful resolution of disputes, the principle of respect for human rights, as well as the principle of democracy, which is sometimes is considered as a general principle of law.

4. Task

After the formation of the Islamic Republic of Pakistan in 1947, East Pakistan was practically in the position of a colony. The policy of the ruling circles of Pakistan was aimed at subjugating the Bengali people of East Pakistan and exploiting them. So, in the late 50s early 60s. 66% of the assets of all industrial enterprises, 70% of insurance companies and 80% of banking assets were in West Pakistan. East Pakistan accounted for only 1/5 of government spending on industrialization and 1/6 on the development of culture and education. Positions in the civil service, the armed forces, and the police were occupied mainly by immigrants from West Pakistan. West Pakistanis tried to impose Urdu as a “national language” on the Bengalis, although this language was native to only 0.63% of East Pakistanis.

Indicate the ways in which people can exercise their right to self-determination.

Who speaks on behalf of a nation fighting for its self-determination in the international arena?

What rights does a nation fighting for its independence have in the field of international relations?

Do the Bengali people have the right to self-determination and the formation of their own state?

Solution

1. The 1970 UN Declaration of Principles of International Law states: “The creation of a sovereign and independent State, free accession to or association with an independent State, or the establishment of any other political status freely determined by a people, are forms of the exercise by that people of the right to self-determination " To this it should be added that granting the people broad national-state and cultural autonomy within the framework of a multinational state is another form of their self-determination, a form that should now be given preference over the most radical form, which provides for separation and the formation of an independent state.

2. Nations fighting for their liberation are subjects of international law. In the international arena they are represented by bodies of national liberation, performing the functions of public authority. Recognition of an organ of a struggling nation is a statement of its international legal personality. For example, recognition of the Palestine Liberation Organization as the representative of the Palestinian people. The PLO has enjoyed permanent observer status at the UN since 1974.

Recognition of the rebels meant that the recognizing state would recognize the fact of the uprising and would not regard the rebels as armed criminals. The rebels were recognized as having the right to receive humanitarian assistance from both states and international organizations and to exercise other fundamental rights.

In the event of occupation, bodies leading the national resistance are created. Recognition of resistance bodies means recognition of the authorities fighting against the occupiers. The need for such recognition arises in cases where the authorities that organized this struggle are in exile (the French Committee of National Liberation, the Czechoslovak National Committee). From the moment of recognition, the organs of popular resistance received the status of fighters, which made it possible to apply the rules of war to them and provide humanitarian assistance.

3. Like sovereign states, nations fighting for their state independence have full international legal personality, they can enter into relations with other states and international organizations, send their official representatives for negotiations, participate in the work of international conferences and international organizations, conclude international treaties. During the armed national liberation struggle, nations and peoples, as well as states, enjoy the protection of international law norms designed for the event of war (regarding the treatment of the wounded, prisoners of war, etc.), although these norms are often violated. In all these cases, we are essentially talking about new independent states emerging during the national liberation struggle, and therefore they are considered full subjects of international law.

4. The principle of self-determination of peoples and nations as a mandatory norm was developed after the adoption of the UN Charter. One of the most important goals of the UN is “to develop friendly relations between nations on the basis of respect for the principle of equality and self-determination of peoples...” (Clause 2 of Article 1 of the Charter). This goal is specified in many provisions of the Charter. In Art. 55, for example, it is closely connected with the task of raising living standards, solving international problems in the economic and social fields, in the areas of health, education, culture, human rights, etc.

The principle of self-determination has repeatedly received confirmation in UN documents, in particular in the Declaration on the Granting of Independence to Colonial Countries and Peoples of 1960, the Human Rights Covenants of 1966, and the Declaration of Principles of International Law of 1970. The Declaration of Principles of the CSCE Final Act particularly emphasizes the right of peoples to control their own destinies. After the collapse of the colonial empires, the question of self-determination of nations in the sense of the formation of independent national states was largely resolved.

In resolution 1514 (XV) of December 14, 1960, the General Assembly expressly stated that “the continued existence of colonialism impedes the development of international economic cooperation, retards the social, cultural and economic development of dependent peoples and is contrary to the ideal of the United Nations of universal peace ". According to the same resolution and many other UN documents, insufficient political, economic, social or educational preparedness should not be used as a pretext for refusing independence.

UN documents express the main normative content of the principle of self-determination. Thus, the 1970 Declaration of Principles of International Law emphasizes: “The creation of a sovereign and independent State, free accession to or association with an independent State, or the establishment of any other political status freely determined by a people, are forms of the exercise by that people of the right to self-determination.”

By unleashing an essentially colonial, illegal war against the population of the eastern province on March 25, 1971, the ruling militaristic junta not only trampled on the legitimate right of the East Bengali nation to self-determination, but also grossly violated the principles and purposes of the UN Charter. The policy of the West Pakistani authorities, who tried to eliminate the legal political opposition through mass terror and violence, turned out to be in conflict with the basic norms and principles of modern international law: the principle of self-determination of peoples enshrined in the UN Charter, the principle of respect for human rights and fundamental freedoms for all, without distinction race, gender, language and religion, as enshrined in the UN Charter and the Universal Declaration of Human Rights of 1948, the norms contained in the 1948 Convention on the Prevention and Punishment of the Crime of Genocide, etc.

The people of East Bengal, having taken the path of armed struggle, have not lost the right to international legal protection as a rebel, since nations that are potential subjects of international law become not “potential” but “actual” its subjects from the moment they begin to wage war. fight for your liberation.

The people of East Bengal clearly expressed their desire for independence, which the central government had to reckon with, during the first general elections in the history of Pakistan.

Conclusion

Nations and peoples fighting for their independence are a category of subjects of international law that have certain rights in the field of international relations, implemented as a particular of such subjects is recognized by any states, and subject to its territory, population, statehood and ability to carry international responsibility in connection with offenses in which he may enter into with other subjects of international law.

The collapse of the colonial system led to the emergence of new independent states as a result of self-determination of nations. The circle of subjects of international law is constantly expanding, and this process is not yet completed. In 1990, the people of Namibia in southern Africa achieved state independence, and the process of self-determination of the Palestinian people continues in various forms.

During the consideration of the first issue of this course work, it was established that any subject of international law has: legal capacity, legal capacity, and delictual capacity.

After studying the second question, we can conclude that the legal personality of fighting nations, like the legal personality of states, is objective in nature, i.e. exists independently of anyone's will. Modern international law confirms and guarantees the right of peoples to self-determination, including the right to free choice and development of their socio-political status.

The conclusion from the third question of this topic under study is that the right of peoples to self-determination is one of the fundamental human rights. The principle of equal rights and self-determination of peoples should be considered in the context of other basic principles of international law, primarily such as the principle of territorial integrity, the principle of non-use of force, the principle of peaceful resolution of disputes, the principle of respect for human rights, as well as the principle of democracy, which is sometimes considered as a general principle of law.

Like sovereign states, nations fighting for their state independence have full international legal personality. During the armed national liberation struggle, nations and peoples, like states, enjoy the protection of international law norms designed for the event of war (regarding the treatment of the wounded, prisoners of war, etc.), although these norms are often violated. In all such cases, we are essentially talking about new independent states emerging in the course of the national liberation struggle, and therefore they are considered full subjects of international law.

List of used literature

1. Constitution of the Russian Federation. Adopted by popular vote on December 12, 1993 (as amended on July 25, 2003). - Help system guarantor.

2. Convention “On the Protection of Human Rights and Fundamental Freedoms (ETS No. 5)” of November 4, 1950 (as amended on March 11, 1994). - Help system guarantor.

3. International Covenant on Civil and Political Rights of December 16, 1966. - Help system guarantor.

4. International Covenant “On Economic, Social and Cultural Rights” of December 16, 1966. - Help system guarantor.

5. Antselevich G.A., Vysotsky A.F. Modern international public law. - M.: International relations, 2003.

6. Antselevich G.A., Vysotsky A.F. Modern international public law. - M.: International relations, 2004.

7. Biryukov P.N. International law. - M.: Yurist, 1998

8. Kalalkaryan N.A. Migachev Yu.I. International law. - M.: “Yurlitinform”, 2002.

9. Ivashchenko L.A. Fundamentals of international law. - M.: International relations, 2004.

10. Ivashchenko L.A. Fundamentals of international law. - M.: International relations, 2005.

11. International law: Textbook. Rep. ed. Yu.M. Kolosov, E.S. Krivchikova. - M.: International. relationships, 2000

12. Lazarev M.I. Theoretical issues of modern international law. - M.: Legal literature, 2005.

13. Pienkos J., International public law, 2004.

14. Kzaplinski V., Vyrazumskaya A.. International public law. Warsaw, 2004.

15. Dvorkin R. About rights seriously. M., 2004. P. 51.

16. International law: Collection of lectures for universities / ed. Streltsova N.K. - M.: MGUPRAV, 2003.

17. Raminsky I.P. Nations and peoples in international law. - M: International relations, 2004.

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