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The concept of international security law. Concept, principles and sources of international security law

Introduction

1. The concept of international security law

1.1. Special principles of international security

1.2. Universal system of collective security

1.3. Regional collective security systems

2. Confidence measures

2.1. Neutrality and its role in maintaining international peace and security

Conclusion

Bibliography

Introduction

The topic of this work, “international security law,” was not chosen by chance; in my opinion, it is the most relevant today. This can be explained by the dynamically developing political situation in the international arena.

The task of ensuring international security ultimately comes down to solving problems related to the development and implementation of political and legal means of preventing wars and armed conflicts, maintaining or restoring international peace. In the broadest sense, all normative material of modern international law is aimed at solving these problems. In a narrower sense, the solution to the problem of ensuring peace is the norms of international security law, the main purpose of which is in one way or another connected with the implementation of the principle of non-use of force and the threat of force in international relations.

Thus, in the theory and practice of international relations there is no single concept of security. In particular, there are such varieties as “national security”, “global security”, “general security”, “international security”, etc. Each of them implies coverage of a special complex of social relations, has different historical, ideological, political and legal origins.

1. The concept of international security law

One of the most important goals of the world community is to ensure international security. International security is understood as a state of international relations in which threats to peace, violation of peace and acts of aggression in any form are excluded, and relations between states are built on the norms and generally recognized principles of international law.

In accordance with Art. 1 of the UN Charter, one of the most important goals of this organization is to maintain international peace and security and to take, for this purpose, effective collective measures to prevent and eliminate threats to peace and suppress acts of aggression or other violations of the peace and implement them by peaceful means, in accordance with the principles of justice and international law , settling or resolving international disputes or situations that may lead to a breach of the peace.

International law plays a special role in ensuring international security. Currently, a relatively independent branch has emerged in international law - international security law, which is a subsystem within the framework of an integral, unified system of international law.

The norms of international security law are enshrined in many international legal acts, primarily in the UN Charter, charters of regional collective security organizations, disarmament treaties, limitation of armed forces, agreements on confidence-building measures and a number of others.

The core of the branch of international security law consists of the basic principles of international law, such as the non-use of force and threats of force, non-interference in internal affairs, and others. At the same time, international security law also has its own special principles - the principle of equal security and the principle of non-damage to the security of states.

The means of ensuring international security established by international law can be divided into the following groups:

b) by role in ensuring international security;

c) by scope (within the territory of one state, within a region, worldwide).

There is a wide range of international legal means to ensure international security. It includes particulars:

peaceful means of resolving international disputes;

collective security systems (universal and regional);

measures to prevent the arms race and disarmament;

non-alignment and neutrality;

confidence measures.

One of the most important measures for maintaining international peace is the collective security system. From the point of view of international law, collective security is a set of joint activities of states and international organizations to prevent and eliminate threats to international peace and security and suppress acts of aggression and other violations of peace. Legally, the international security system is formalized by international treaties.

There are general and regional systems of collective security.

The general (universal) system of collective security is provided for by the UN Charter and provides for the following measures:

means of peaceful resolution of international disputes;

measures to ensure peace using regional security organizations;

temporary measures to suppress violations of international peace and security;

coercive measures against violating states without the use of armed forces;

coercive measures against aggressor states using armed forces.

Regional collective security systems are created in accordance with Chapter. VIII of the UN Charter “Regional Agreements”. The UN Charter does not in any way prevent the existence of regional agreements or bodies for the settlement of such matters as the maintenance of international peace and security which are appropriate for regional action, provided that such agreements or bodies and their activities are compatible with the purposes and principles of the UN. States which have entered into such agreements or constitute such bodies shall make every effort to achieve the peaceful resolution of local disputes through such regional agreements or such regional bodies before referring such disputes to the UN Security Council.

1.1. Special principles of international security

The fundamental principles of international security are the principle of equal security and the principle of non-damage to the security of states.

These principles are reflected in the UN Charter. UN General Assembly Resolution 2734 (XXV), Declaration on Strengthening International Security of 16 December 1970, Declaration on Strengthening the Effectiveness of the Principle of Non-Threat or Use of Force in International Relations (18 November 1987), UN General Assembly Resolution 50/6 , Declaration on the occasion of the fiftieth anniversary of the United Nations of October 24, 1995, Declaration on the Principles of International Law concerning Friendly Relations and Cooperation among States in accordance with the Charter of the United Nations of October 24, 1970 and other international legal instruments.

Thus, in accordance with the UN Charter, all members of the UN shall resolve their international disputes by peaceful means so as not to jeopardize international peace and security and justice, and shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, as well as and in any other way inconsistent with the purposes of the United Nations.

The principles of international security are also reflected in the Declaration on Strengthening the Effectiveness of the Principle of Non-Threat or Use of Force in International Relations (November 18, 1987). In accordance with the Declaration, each state is obliged to refrain in its international relations from the threat or use of force against the territorial integrity or political independence of any state, as well as from any other actions inconsistent with the purposes of the United Nations. Such threat or use of force is a violation international law and the Charter of the United Nations and entail international responsibility. The principle of non-threat or use of force in international relations is universal in character and binding, regardless of the political, economic, social or cultural system or allied relations of each state. No considerations may be used to justify the threat or use of force in violation of the Charter.

States have an obligation not to induce, encourage or assist other States in the use or threat of force in violation of the Charter.

By virtue of the principle of equality and self-determination embodied in the Charter, all peoples have the right freely to determine, without external interference, their political status and to pursue economic, social and cultural development, and every State is obliged to respect this right in accordance with the provisions of the Charter. States must comply with their obligations under international law to refrain from organizing, instigating, aiding or participating in paramilitary, terrorist or subversive activities, including mercenary activities, and in other States from condoning organized activities aimed at committing such acts, to the extent its territory.

States are obliged to refrain from armed intervention and all other forms of interference or attempted threats directed against the legal personality of the State or against its political, economic and cultural foundations. No state should use or encourage the use of economic, political or any other measures with the aim of obtaining the subordination of another state in the exercise of its sovereign rights and obtaining any advantages from it. In accordance with the purposes and principles of the UN, states are obliged to refrain from promoting wars of aggression.

Neither the acquisition of territory as a result of the threat or use of force, nor any occupation of territory as a result of the threat or use of force in violation of international law will be recognized as a lawful acquisition or occupation.

All member states of the world community are called upon to make efforts to build their international relations on the basis of mutual understanding, trust, respect and cooperation. The parameters of the above set the goal of developing bilateral and regional cooperation as one of the important means of enhancing the effectiveness of the principle of non-threat or use of force in international relations.

Within the established criteria of proper conduct, States are guided by their commitment to the principle of peaceful resolution of disputes, which is inextricably linked with the principle of non-threat or use of force in international relations. States parties to international disputes must resolve their disputes exclusively by peaceful means in a manner that does not jeopardize international peace, security and justice. To this end, they use such means as negotiation, investigation, mediation, conciliation, arbitration, litigation, recourse to regional bodies or agreements or other peaceful means of their choice, including good offices.

In furtherance of their obligations under the UN Charter, states take effective measures to prevent the threat of any armed conflicts, including conflicts in which nuclear weapons may be used, to prevent an arms race in outer space and to stop and reverse the arms race on Earth, to reduce the level of military confrontation and strengthen global stability.

In furtherance of their stated commitment to strengthening the rule of law and order, states cooperate at the bilateral, regional and international levels to:

preventing and combating international terrorism;

active assistance in eliminating the causes underlying international terrorism.

In order to ensure a high level of trust and mutual understanding, states seek to take specific measures and create favorable conditions in the field of international economic relations in order to achieve international peace, security and justice. At the same time, the interests of all countries in reducing the gap in levels of economic development, and in particular the interests of developing countries around the world, are taken into account.

The principles of international security were enshrined in the Declaration of Principles of International Law concerning Friendly Relations and Cooperation among States in accordance with the UN Charter. Thus, in accordance with the Declaration, each state in its international relations is obliged to refrain from the threat or use of force against the territorial integrity or political independence of any state, or in any other way incompatible with the purposes of the UN. Such threat or use of force is a violation of international law and the UN Charter; they should never be used as a medium for resolving international issues.

War of aggression is a crime against peace, which entails liability under international law.

In accordance with the purposes and principles of the UN, states are obliged to refrain from promoting wars of aggression. Each State has the obligation to refrain from the threat or use of force to violate the existing international boundaries of another State or as a means of resolving international disputes, including territorial disputes and issues relating to state boundaries. Equally, each State has the obligation to refrain from the threat or use of force to violate international demarcation lines, such as armistice lines, established by or consistent with an international agreement to which that State is a party or to which that State is otherwise bound to comply. Nothing in the foregoing should be construed as prejudicing the positions of the parties concerned as to the status and consequences of the establishment of such lines under their special regimes or as impairing their temporary nature.

States are obliged to refrain from acts of reprisals involving the use of force. Each state is obliged to refrain from any violent actions that deprive the peoples referred to in the specification of the principles of equality and self-determination of their right to self-determination, freedom and independence. Each State is obliged to refrain from organizing or encouraging the organization of irregular forces or armed bands, including mercenaries, to invade the territory of another State.

Each State is obliged to refrain from organizing, instigating, assisting or participating in acts of civil war or terrorist acts in another State or from condoning organizational activities within its own territory aimed at the commission of such acts, where the acts involve a threat of force or its application. The territory of a State must not be subject to military occupation resulting from the use of force in violation of the provisions of the Charter. The territory of a State must not be subject to acquisition by another State as a result of the threat or use of force. No territorial acquisition resulting from the threat or use of force shall be recognized as legal. Nothing in the foregoing should be construed as violating:

a) the provisions of the Charter or any international agreement concluded before the adoption of the Charter and having legal force in accordance with international law; or

b) the powers of the Security Council in accordance with the Charter.
All states must negotiate in good faith with a view to the speedy conclusion of a universal treaty on general and complete disarmament under effective international control and strive to take appropriate measures to ease international tension and strengthen confidence among states.

All States must, on the basis of generally recognized principles and norms of international law, fulfill in good faith their obligations with respect to the maintenance of international peace and security and strive to improve the effectiveness based on the Charter of the United Nations Security System.

Nothing in the terms of the foregoing should be construed as extending or limiting in any way the scope of the provisions of the Charter relating to cases where the use of force is lawful.

States shall resolve their international disputes by peaceful means in a manner that does not jeopardize international peace and security and justice. Each state shall resolve its international disputes with other states by peaceful means in such a way as not to jeopardize international peace and security and justice.

States should, therefore, strive for the speedy and fair resolution of their international disputes through negotiation, inquiry, mediation, conciliation, arbitration, litigation, recourse to a regional body or agreement, or other peaceful means of their choice. In seeking such a settlement, the parties must agree upon such peaceful means as are appropriate both to the circumstances and to the nature of the dispute.

The parties to a dispute are obliged, if they do not reach a resolution of the dispute by one of the above-mentioned peaceful means, to continue to seek a settlement of the dispute by other peaceful means agreed upon by them.

States that are parties to an international dispute and other states must refrain from any action that could worsen the situation to such an extent as to expose

threat to the maintenance of international peace and security, and must act in accordance with the purposes and principles of the United Nations.

International disputes are resolved on the basis of the sovereign equality of states and in accordance with the principle of free choice of means of peaceful resolution of disputes. The application of a dispute settlement procedure or the consent to such a procedure which has been freely agreed upon between States in respect of existing or future disputes to which they are parties shall not be considered inconsistent with the principle of sovereign equality.

States have an obligation not to interfere in matters within the domestic competence of any state. No state or group of states has the right to interfere, directly or indirectly, for any reason whatsoever, in the internal and external affairs of another state. As a consequence, armed intervention and all other forms of intervention or any threats directed against the legal personality of a State or against its political, economic and cultural foundations are a violation of international law.

No state may use or encourage the use of economic, political or other measures with a view to obtaining the subordination of another state in the exercise of its sovereign rights and obtaining from it any advantages. No state shall also organize, assist, incite, finance, encourage or tolerate armed, subversive or terrorist activities aimed at changing the system of another state through violence, or interfere in internal struggles in another state.

The use of force to deprive peoples of their national existence is a violation of their inalienable rights and the principle of non-interference.

Every State has the inalienable right to choose its own political, economic, social and cultural system without any form of interference from any other State.

The principle of sovereign equality of states, including in the field of security, is also important. All states enjoy sovereign equality. They have the same rights and obligations and are equal members of the international community, regardless of differences of economic, social, political or other nature.

In particular, the concept of sovereign equality includes the following elements:

states are legally equal;

each state enjoys the rights inherent in full sovereignty;

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

territorial integrity and political independence of the state are inviolable;

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

Every state is obliged to fulfill fully and conscientiously its international obligations and live in peace with other states.

1.2. Universal system of collective security

The main instrument for maintaining peace and preventing the outbreak of war is the universal system of collective security provided for by the UN Charter. The Charter establishes the foundations of the modern world legal order, the principles of relations between states in the international arena and provides for a whole range of measures to preserve international peace and suppress acts of aggression. Among them:

· means of peaceful resolution of international disputes;

· measures to ensure peace using regional security organizations;

· coercive measures against violating states without the use of armed forces;

· coercive measures against aggressor states using armed forces.

One of the most important elements of the universal system of collective security is the peaceful resolution of international disputes, which is determined by Chapter. VI UN Charter “Peaceful Settlement of Disputes”. In accordance with this chapter of the UN Charter, parties to any dispute, the continuation of which might endanger the maintenance of international peace and security, shall, in the first instance, endeavor to resolve the dispute by negotiation, inquiry, mediation, conciliation, arbitration, or other peaceful means of their choice . The UN Security Council, when it considers it necessary, requires the parties to resolve their dispute through such means. It is authorized to investigate any dispute or any situation which may give rise to international friction or give rise to a dispute, to determine whether the continuation of that dispute or situation is likely to endanger the maintenance of international peace and security.

In addition, any UN member can bring any dispute to the attention of the Security Council or the General Assembly. A State which is not a Member of the Organization may also bring to the attention of the Security Council or the General Assembly any dispute to which it is a party if it undertakes in advance with respect to that dispute an obligation for the peaceful settlement of disputes.

In accordance with the UN Charter, measures can be taken to ensure international peace using regional security organizations. In accordance with Art. 53 of the Charter of the UN Security Council uses, where appropriate, such regional agreements or bodies for enforcement action under its authority. However, regional organizations cannot take any coercive action without authority from the Security Council, with the exception of measures related to repelling an armed attack on one of the states participating in the regional collective security system.

An important element of the general system of collective security is also actions regarding threats to peace, violations of peace and acts of aggression, provided for in Chapter. VII of the UN Charter.

Thus, the Security Council determines the existence of any threat to the peace, any breach of the peace or act of aggression and makes recommendations or decides what measures should be taken to maintain or restore international peace and security. To prevent the situation from worsening, the Security Council is authorized, before making recommendations or deciding to take action, to require the parties concerned to implement such temporary measures as it finds necessary or desirable. Such temporary measures must not prejudice the rights, claims or position of the parties concerned. The Security Council takes due account of the failure to comply with these temporary measures.

The Security Council has the power to decide what measures, other than the use of armed force, should be used to implement its decisions, and it may require

members of the Organization to apply these measures. These measures may include complete or partial interruption of economic relations, rail, sea, air, postal, telegraph, radio or other means of communication, as well as severance of diplomatic relations.

If the Security Council considers that the said measures may be insufficient or have already proven insufficient, it is authorized to take such action by air, sea or land forces as may be necessary to maintain or restore international peace of security. Such actions may include demonstrations, blockades and other operations by air, sea or ground forces of Members of the Organization. All Members of the Organization, in order to contribute to the maintenance of international peace and security, undertake to place at the disposal of the Security Council, upon its request and in accordance with a special agreement or agreements, the armed forces, assistance and related facilities necessary for the maintenance of international peace and security. , including the right of way. Thus the agreement or agreements determine the number and type of troops, the degree of their readiness and their general disposition and the nature of the services and assistance provided.

Plans for the use of armed forces are drawn up by the Security Council with the assistance of the Military Staff Committee, which is created to advise and assist the Security Council on all matters relating to the military needs of the Security Council in the maintenance of international peace and security, to the use of troops provided at his disposal, and to the command of them, as well as to the Regulation of Arms and to eventual disarmament. The Military Staff Committee consists of the chiefs of staff of the permanent members of the Security Council or their representatives. Any member of the Organization not permanently represented on the Committee shall be invited by the Committee to cooperate with it if the effective performance of the duties of the Committee requires the participation of that member of the Organization in the work of the Committee. The Military Staff Committee, subordinate to the Security Council, is responsible for the strategic direction of any armed forces placed at the disposal of the Security Council. Issues relating to the command of such forces will have to be worked out later.

The UN Charter does not affect the inherent right of individual or collective self-defense if an armed attack occurs on a Member of the Organization until the Security Council takes measures necessary to maintain international peace and security. Measures taken by Members of the Organization in the exercise of this right of self-defense shall be immediately communicated to the Security Council and shall in no way affect the power and responsibility of the Security Council, in accordance with this Charter, to take at any time such action as it may deem necessary to maintaining or restoring international peace and security.

1.3. Regional collective security systems

The creation and operation of regional collective security systems is determined by Chapter. VIII of the UN Charter “Regional Agreements”, documents of these organizations and other international legal documents.

In accordance with the UN Charter, members of a regional organization that have entered into such agreements or constitute such bodies must make every effort to achieve the peaceful resolution of local disputes through such regional agreements or such regional bodies before referring such disputes to the Security Council. The Security Council should encourage the development of the application of the peaceful resolution of local disputes through such regional agreements or regional bodies, either on the initiative of the States concerned or on its own initiative.

The Security Council must always be fully informed of actions taken or proposed by regional agreements or by regional bodies to maintain international peace and security.

Regional collective security systems are characterized by the following features:

· the obligation of the parties to the treaty to resolve disputes among themselves exclusively by peaceful means is established;

· provides for the obligation of participants to provide individual or collective assistance to a state that has been subjected to an armed attack from the outside;

· the UN Security Council is immediately notified of collective defense measures taken;

· as a rule, the treaty involves states of the same region, and the treaty itself is valid within a predetermined area specified in the agreement of the parties;

· the admission of new states into the security system established by the treaty is possible only with the consent of all its participants.

Regional collective security systems include:

1) Collective security system within the CIS

In accordance with the Collective Security Treaty of 1992, the Agreement on the approval of the Regulations on the Collective Security Council of 1992 (Armenia, Kazakhstan, Kyrgyzstan, the Russian Federation, Tajikistan, Uzbekistan participate), a Collective Security Council was established within the CIS. The seat of the Council is Moscow.

The Council consists of the heads of participating states and the Commander-in-Chief of the SIA. By decision of the Council, the Secretary General of the Council is appointed, as well as the Commander-in-Chief of the armed forces of the states parties to the Treaty.

The Council shall, in particular, establish and take such measures as it finds necessary to maintain or restore peace and security. Such measures shall be immediately notified to the UN Security Council.

Within the framework of the CIS, the United Armed Forces of the Commonwealth have also been created - troops, forces and command and control bodies, allocated from the armed forces of the Commonwealth states and operationally subordinate to the High Command of the Allied Forces, but remaining directly subordinate to the military command and control bodies of their states.

The CIS Charter stipulates that in the event of a threat to the sovereignty, security and territorial integrity of one or more member states or international peace and security, members of the Commonwealth shall carry out mutual consultations to take measures to eliminate the emerging threat, including peacekeeping operations and the use of armed forces in order to implement the right to individual or collective self-defense under Art. 51 of the UN Charter. The decision on the joint use of armed forces is made by the Council of Heads of State or interested members of the CIS.

2) Organization of American States

The Organization of American States (OAS) was created on the basis of the Inter-American Treaty of Mutual Assistance of 1947, the OAS Charter of 1948, and the Inter-American Treaty for the Peaceful Settlement of International Disputes of 1948. In the 60s and 70s. Significant changes were made to the 1947 Treaty and the OAS Charter.

The goals of the OAS are to achieve peace and security on the American continent, strengthen solidarity and cooperation, protect territorial integrity, organize joint action in the event of aggression, and peacefully resolve disputes.

Any American state that has ratified its Charter can be a member of the OAS. Currently, all American states participate in the OAS, with the exception of Canada and Cuba.

In accordance with Art. 25 of the OAS Charter, any aggression against one of the American states is considered as aggression against all the others. The Charter provides an expanded list of cases in which states have the right to use measures of “legitimate collective self-defense”: if the inviolability or integrity of territory, or the sovereignty or political independence of any American state is violated by an armed attack or act of aggression, or an intra-continental conflict between American states, or in resulting from a situation that could threaten America's peace.

Unlike other regional collective security systems, the OAS Charter does not provide for the obligation of the OAS to notify the UN Security Council of military measures taken, which appears to be inconsistent with the provisions of the UN Charter.

The structure of the OAS is more complex than that of other regional organizations.

The highest body of the OAS is the General Assembly, in which all OAS member states are represented.

A Consultative Meeting of Foreign Ministers has been created to consider urgent problems. A Defense Advisory Committee was established under it to coordinate the activities of participants on issues of military cooperation.

The functions of the OAS Council, consisting of representatives of the OAS member states, include familiarization with all inter-American treaties concluded by the OAS states, development of draft conventions within the OAS, ensuring the work of the so-called. Pan American Union, facilitating relations with the UN, etc.

The General Secretariat of the OAS (formerly the Pan American Union) is headed by the Secretary General of the OAS, elected for five years.

In addition to the main bodies in the OAS, there are auxiliary structures: specialized conferences and specialized organizations (Inter-American Commission on Human Rights, Inter-American Judicial Committee, etc.).

3) North Atlantic Treaty (NATO)

The North Atlantic Treaty was signed in 1949. The original members of NATO were the USA, Great Britain, France, Italy, etc., a total of 26 states. Currently there are 16 members of NATO.

According to the provisions of the North Atlantic Treaty (Articles 5 and 7), an armed attack against one or more member states will be considered an attack against all of them; if such an attack occurs, each participant will assist the party under attack by all means, including the use of armed force. An attack includes an armed attack, both on the territory of Member States and on their ships and aircraft in a specific area.

Any such attack and all measures taken shall be immediately reported to the UN Security Council, which shall take measures to restore and maintain international peace and security.

In accordance with the Treaty, a NATO Council is created, in which all members are represented. The Council establishes auxiliary bodies - the Defense Committee, the Committee of the Chiefs of Staff, etc. Any other European state that is able to implement the principles of this Treaty, by agreement of all parties, can join NATO, in accordance with the provisions of the Treaty.

4) Southeast Asian Defense Treaty

The Southeast Asian Defense Treaty was signed in 1954 by eight states (USA, England, France, Australia, New Zealand, Pakistan, Thailand, Philippines). According to the provisions of the Treaty (Article 4), in the event of an armed attack against one of the parties in the area covered by the Treaty, state parties are obliged to provide individual and collective assistance in repelling the aggression in accordance with their constitutional provisions. Moreover, the concept of “area covered by the treaty” includes all the territories of the Asian parties to the treaty and the area of the southwest Pacific Ocean. The UN Security Council is immediately notified of the measures taken.

A Council is created to consider issues of implementation of the provisions of the agreement. You can become a party to the Treaty with the unanimous consent of all its members.

2. Confidence measures

The institution of confidence-building measures plays an important role in preventing the threat of war. Confidence building measures are a system of organizational and legal measures carried out in order to reduce military danger and ensure trust between states.

The current system of confidence-building measures in Europe is based, first of all, on the provisions of the CSCE documents and includes both measures to ensure interaction and communication between states, and notification of military activities, and the dispatch of observers to military exercises.

The Helsinki Final Act of 1975 provides for the implementation of the following confidence-building measures between CSCE states:

· advance (21 days) notice of major military exercises involving over 25,000 people;

· exchange of observers at military exercises;

· advance notice of major troop movements.

The confidence-building measures contained in the Final Act were improved by the Final Document of the Stockholm Conference on Confidence- and Security-Building Measures and Disarmament in Europe in 1986.

The document, in particular, establishes:

preliminary (42 days) notification of certain types of military activities (for example, military activities involving more than 13,000 people, 300 tanks, or 5,000 paratroopers are subject to notification);

monitoring and control of certain types of military activities. States invite observers from all other participants to observe activities involving over 17,000 military personnel or 5,000 paratroopers. At the same time, during the performance of their functions, observers are granted diplomatic privileges and immunities, and are required to exchange annual plans for military activities subject to notification;

prohibition to carry out activities subject to notification that are not included in the relevant plans;

ensuring compliance with confidence building measures. CSCE states have the right to conduct, upon request, inspections in the zone of application of confidence-building measures (but no more than three per year and no more than one from each participant).

Vienna CSCE Documents 1990 and 1992 significantly expanded both the list of confidence-building measures and the scope of their application, and now the system of confidence-building measures includes new institutions (on-site inspections, technical control, etc.).

2.1. Neutrality and its role in maintaining international peace and security

An important international legal means of ensuring international security is neutrality. In modern international relations, there are the following types of neutrality: permanent, positive, traditional and contractual.

Permanent neutrality is the international legal status of a sovereign state, according to which it is obliged not to participate in armed conflicts, not to join military alliances (blocs), and not to allow the construction of military bases of foreign states on its territory.

The integrity and inviolability of such a state, on the one hand, is secured by internal acts, on the other hand, it can be guaranteed by an international treaty to which other states are parties.

The permanently neutral states are, in particular, Switzerland and Austria.

Positive neutrality (non-alignment movement) presupposes non-participation in military alliances of states, active participation in the struggle to prevent war, maintain peace, and for disarmament. About 100 countries in Asia, Africa and Latin America pursue a policy of positive neutrality.

The Non-Aligned Movement is guided by the following principles: ensuring international peace and security, defusing international tension, ending the arms race, restructuring international economic relations on a fair and democratic basis, establishing a new international information order.

The highest forum of the non-aligned movement is the Conference of Heads of State and Government of Non-Aligned Countries, which convenes once every three years. The implementation of the decisions of the Conference is entrusted to the Coordination Bureau, created in 1973. Members of the Bureau are elected on the basis of the principle of regional representation.

Traditional neutrality is the neutrality of a state not formalized in an international treaty, but observed by it voluntarily for a long time (for example, Sweden). The main feature of traditional neutrality is that it expresses the neutral position of the state during war.

Traditional neutrality differs from permanent neutrality in that a permanently neutral state maintains neutrality, based on an international treaty, permanently. Traditional neutrality is not associated with international legal obligations and can be terminated unilaterally at any time.

Treaty neutrality is a neutrality in which the rights and obligations of the parties are determined by an international treaty.

Thus, in accordance with the Treaty of Accord and Cooperation between the Russian Federation and Canada (Ottawa, June 19, 1992), the Russian Federation and Canada agree to refrain from the threat or use of force against the territorial integrity or political independence of each other and to resolve any mutual disputes peacefully means, using UN mechanisms, the Conference on Security and Cooperation in Europe and other international agreements to which they are parties. If one of the parties becomes the object of armed aggression, the other party, in accordance with its agreements regarding relations in the field of security and defense, will not provide military or any other assistance to the aggressor. If one party considers that the emerging situation threatens international peace or its vital security interests, bilateral consultations will be held at its request.

Conclusion

In conclusion, I would also like to highlight one of the key problems of international security - disarmament. Currently, international law has developed a wide range of norms on arms limitation and disarmament. The main areas of international cooperation in this area are:

· nuclear disarmament (Treaty Banning Tests of Nuclear Weapons in the Atmosphere, in Outer Space and Under Water (Moscow, August 5, 1963), Treaty on the Non-Proliferation of Nuclear Weapons (Geneva, July 1, 1968), Comprehensive Nuclear Test Ban Treaty dated September 24, 1996;

· prohibition of the production and elimination of certain types of weapons (Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on Their Destruction 1972, Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction 1993 G.);

· limitation of certain types of weapons (Treaty between the USSR and the USA on the Limitation of Anti-Ballistic Missile Defense Systems of 1972, Treaty on the Reduction and Limitation of Strategic Offensive Arms of 1991, Treaty on Further Reduction and Limitation of Strategic Offensive Arms of 1993)

· limitation of the areas for the placement of certain types of weapons (Treaty on the Prohibition of Nuclear Weapons in Latin America, 1967, Treaty on the Prohibition of the Placement on the Bottom of the Seas and Oceans and in Their Subsoil of Nuclear Weapons and Other Types of Weapons of Mass Destruction, 1971, etc.);

· limitation and reduction of armed forces (Treaty on Conventional Armed Forces in Europe 1990);

· demilitarization and neutralization of certain territories (Antarctica - under the 1958 Treaty);

· general security measures (Convention on the Prohibition of Military or Any Other Hostile Use of Environmental Modification Means, 1976).

Thus, international security is a complex political and legal concept of a specific historical nature. The process of formation in the public legal consciousness of ideas about the means and methods of ensuring international security, the military-political and legal content of this concept, the nature of the relationship between international and national security, as well as the corresponding rule-making and law enforcement activities of states in different eras of human history were significantly influenced by the results of a long and far from straightforward process of understanding the problems of war and peace, the relationship between law and force in international relations.

Bibliography

1. Charter of the United Nations

2. Declaration of Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations, October 24, 1970.

5. Constitution of the Russian Federation, 1993

7. Declaration on respect for the sovereignty, territorial integrity and inviolability of the borders of the member states of the Commonwealth of Independent States, April 15, 1994.

8. Charter of the United Nations Educational, Scientific and Cultural Organization, November 16, 1945.

11. International law: Textbook \ ed. V.I. Kuznetsov. – M:. Law 2005 – 672 p.

12. International law: Textbook. 2nd ed., revised. and additionally - Kalamkaryan R.A., Migachev Yu.I. 2006 – 736s.

The main, fundamental realities in the field of international security and interstate relations have already been quite clearly defined, which, in particular, include the following:

1. Ideological and class struggle cannot form the basis of peaceful interstate relations.
2. Nuclear war cannot be a means of achieving political, economic, ideological or any other goals. That's why there are treaties banning nuclear weapons and weapons of mass destruction.
3. International security is comprehensive. That is, it affects many issues and spheres of public life.
4. International security is indivisible. The security of one state cannot be built at the expense of the security of another. An arms race must not be allowed.
5. The peacekeeping role of the UN in the fight for security has grown immeasurably

The above-mentioned realities of the modern world and other factors indicate, on the one hand, the multifaceted and comprehensive nature of international security, and on the other, the inextricable connection between the security of each individual state and the security of the entire international community as a whole, as well as the connection between security and development.

International law plays a special role in ensuring international security. Currently, a relatively independent branch has emerged in international law - the law of international security, which is a subsystem within the framework of an integral, unified system of international law.

The means of ensuring international security established by international law can be divided into the following groups:

a) by content (peaceful means and coercive measures);
b) by role in ensuring international security;
c) by scope (within the territory of one state, within a region, worldwide).

There is a wide range of international legal means to ensure international security. It includes particulars:

- peaceful means of resolving international disputes;
- collective security systems (universal and regional);
- measures to prevent the arms race and disarmament;
- non-alignment and neutrality;
- confidence measures.

International security law is a set of rules governing military-political relations between subjects of international law in order to prevent the use of armed force, disarmament and arms limitation. International security is based on a balance of interests and can only be ensured by maintaining this balance. The concept of international security is set out in the UN Charter (Articles 39–51). The Charter imposed on states the obligation to use armed forces only in the general interest, i.e. enshrined the principle of centralized use of armed forces. The right to individual and collective self-defense is an inalienable right of all states, but it is only possible in response to aggression. The right to self-defense represents an exception to the general principle of centralized use of force.

The concept of comprehensive security is based on the concept of global development (put forward by the Independent Commission on Disarmament and Security - Palme Commission). The collective security system under the UN Charter did not become effective, since the military-political confrontation between East and West after World War II blocked the real implementation of Art. 39–51 of the Charter, providing for the creation of the UN Armed Forces and endowing the UN Security Council with the means of influencing the world community. The right to collective self-defense led to the creation of two opposing military blocs - the Warsaw Department and NATO.

The concept of comprehensive security is based on the recognition of the interdependence of all states and the need to create an international legal mechanism that would express the priority of universal human values and ensure the rule of law in politics. The end of the Cold War, the cessation of the existence of the socialist camp and the Warsaw Division made it possible to develop a modern concept of comprehensive security. The meaning of this concept is that such an organization of international relations is necessary that would exclude the possibility of war. The peculiarity of the concept is its comprehensive approach: a comprehensive level of measures aimed at establishing universal peace, covering various areas of social relations (economic, cultural, environmental, humanitarian, military, political).

The concept of comprehensive security is expressed in special resolutions of the UN General Assembly on the creation of a universal system of peace and security - the UN Declaration on Strengthening the Effectiveness of the Principle of Non-Threat or Use of Force in International Relations, 1987; UN Declaration on the Prevention and Resolution of Disputes and Situations That May Threaten International Peace and Security and on Strengthening the Role of the UN in This Field, 1988; Declaration on Fact-Finding in the Maintenance of International Peace and Security, 1991; Declaration on Improving Cooperation between the United Nations and Regional Agreements or Bodies for the Maintenance of International Peace and Security, 1994.

The core of international security law consists of the general principles of international law - first of all, the principles of the non-use of force and the threat of force, the peaceful resolution of international disputes, territorial integrity and the inviolability of borders. The system of international security law has special principles:

- the principle of equality and equal security - states and military blocs between which there is a strategic balance are obliged not to upset this balance, while striving for disarmament;
- the principle of non-damage to the security of the state - you cannot strengthen your security at the expense of the security of others; no one can have unilateral advantages in ensuring their own security;
– the principle of equal security – the right of every state to security; ensuring security for everyone equally; taking into account the interests of all contracting parties in any negotiation process; reaching an agreement based on a balance of interests.

Features of international security law as a branch of law - its principles and norms are intertwined with the principles and norms of other branches of international law. International security law is a complex branch of law that includes the norms of other legal branches and institutions.

Currently, formally and legally, there is an extensive arsenal of means to ensure international security. The most important are collective security systems on a universal and regional basis, collective measures to prevent armed conflicts, and disarmament. Features of these tools:

– their exclusively peaceful nature – demilitarization and neutralization, non-alignment, neutrality, disarmament, liquidation of military bases, confidence-building, peaceful resolution of disputes;
– the possibility of the lawful use of force in response to aggression or the threat of aggression – the use of coercive measures by resolution of the Security Council, the right to individual and collective self-defense;
- increasing the role of international control - on-site inspections, inviting observers to military exercises, verifying that states are fulfilling their disarmament obligations.

International security is a world order in which favorable international conditions have been created for the free development of states and other subjects of international law

In conditions of international security, each state has the best conditions for pursuing policies aimed at increasing the material standard of living of people, the free development of the individual, and ensuring the full rights and freedoms of man and citizen.

International security is understood in the broad and narrow sense of the word.

International security in a broad sense includes a complex of political, economic, humanitarian, information, environmental and other aspects of security.

International security in the narrow sense includes only its military-political aspects.

International security law is a branch of international law, which is a system of principles and norms governing military-political relations of states in order to ensure peace and international security 1 . The norms of this industry are aimed at ensuring both international and national security.

The sources of international security law are international treaty, international custom, binding decisions of international organizations, primarily the United Nations Security Council.

The basis of international security law is the generally recognized principles of modern international law, including: non-use of force or threat of force, territorial integrity of states, inviolability of state borders, non-interference in the internal affairs of states, peaceful resolution of disputes, cooperation between states.

In addition to the generally recognized principles of international law, international security law also has its own sectoral principles 2.

Experts in the field of international law consider the following to be the branch principles of international security law.

The principle of the indivisibility of international security means that in the 21st century. the world is indivisible as never before. Planet Earth is a small part of the Universe. The states of our planet are closely interconnected. With modern means of communication and transport, you can

or hours to reach any corner of the planet. Life shows that any crisis in one part of the globe, be it natural disasters, armed conflicts or acts of international terrorism, immediately has a negative impact in other parts. States set themselves the task of improving the universal system of international security, the foundations of which are laid by the provisions of the Charter of the United Nations.

The principle of not causing damage to the security of other states presupposes the implementation of a foreign policy by the state that takes into account to the maximum extent the security of not only its own state, but also the entire world community. Of course, ensuring the national security of the state is one of the priorities of its highest bodies, because we are talking about the security of society, ensuring and protecting human and civil rights. At the same

time, each state, when developing and implementing its foreign policy, implementing military-political and military-technical ties with other states, must take into account as much as possible all aspects of ensuring the security of both its allies and the international community as a whole.

In international security law, for a long time, the principle of equal and identical security has been substantiated, which in its essence develops and specifies the previous principle - non-damage to the security of other states 1 . This means that a state must ensure its security by balancing it with the capabilities of ensuring the security of other states. We are talking about a kind of security parity.

However, actual practice shows that this principle is applicable only in relations between militarily powerful states, for example, permanent members of the UN Security Council. As for states that cannot be classified as large and powerful, this principle was often not applied to them. The events of the last two decades, when the United States used force against Grenada (1983), Nicaragua (1984), Yugoslavia (1999), Iraq (2003), clearly show that not everyone is guided by the principle of equal and equal security.

This principle was formed in an era when two main economic and political systems competed with each other in the international arena - socialist and capitalist. They were personified by the USSR and the USA, which, by the power of their weapons, by the beginning of the 70s of the 20th century. were many orders of magnitude superior to other states. It was then that these two, as they were called, superpowers in the military sphere achieved strategic parity. Neither could allow the other side to get ahead militarily. And this was a blessing for the whole world, since the threat of a nuclear cataclysm was not

allowed the USSR and the USA to resort to weapons to clarify disputes between them. This strategic parity allowed the two powers to begin a long-term process of limiting and reducing nuclear weapons and their means of delivery 1 .

After the collapse of the USSR in 1991, the United States emerged as a world leader, since it not only did not lose its former power, but also significantly increased it. Naturally, the United States has a desire to use its enormous economic, financial and military power to arrange the world the American way. And immediately the existence of the principle of equal and equal security was threatened. This principle came under particularly severe attacks at the turn of the 20th and 21st centuries, when the United States not only took military action against a number of states, but also withdrew from such an international agreement as basic for strategic stability as the Anti-Cancer Treaty of 1972.

The system of comprehensive international security includes a wide range of international legal means of ensuring international security, and in particular:

peaceful means of resolving international disputes;

collective security systems (universal and regional);

measures to prevent the arms race and disarmament;

non-alignment and neutrality;

confidence measures.

One of the most important measures for maintaining international peace is the collective security system.

From the point of view of international law, collective security is a set of joint activities of states and international organizations to prevent and eliminate threats to international peace and security and suppress acts of aggression and other violations of peace. Legally, the international security system is formalized by international treaties. There are universal and regional systems of collective security.

INTERNATIONAL SECURITY LAW

International Security Law– a set of principles and norms governing the military-political relations of states in order to maintain peace and security, prevent and suppress acts of aggression and armed intervention, ensure international stability and preserve international law and order.

To this end, a number of specific measures have been developed in the practice of international relations: 1) the creation of collective security systems, 2) disarmament and arms limitation, 3) confidence-building measures and international control.

International security law is based on the basic (generally recognized) principles of international law, among which the principle of non-use of force or threat of force in international relations, the principle of peaceful resolution of international disputes, the principle of the territorial integrity of states, and the principle of the inviolability of state borders are of particular importance. The principle of equal and equal security, the principle of indivisibility of international security, the principle of non-damage to the security of other states, and the principle of disarmament can be named as special (sectoral) principles.

The main sources regulating international legal methods and means of ensuring peace are international treaties. These, first of all, include: the UN Charter (Chapters I, VI, VII, VIII), multilateral and bilateral treaties aimed at prohibiting or limiting the use of specific weapons, and arms reduction. The category of sources of international security law can include resolutions of the UN General Assembly, the provisions of which are normative in nature. Among the regional sources of international security law, one can highlight collective security treaties adopted within the framework of regional international organizations (North Atlantic Treaty of 1949, Arab League Treaty on Collective Security of 1955, CIS Treaty on Collective Security of 1992, etc.).

2. Collective security: concept, types. The collective security system provided for by the UN Charter.

Collective Security is a system of joint actions of states established by the UN Charter with the aim of maintaining international peace and security, preventing or suppressing acts of aggression. In international law, there are 2 types of collective security systems: universal and regional.

In the post-war period, a global collective security system (CSS) was created in the form of the UN. The system of collective measures provided for by the UN Charter for the purpose of maintaining international peace and security includes:

Measures to prohibit the threat or use of force in relations between states (Clause 2 of Article 2 of the Charter);

Measures for the peaceful resolution of international disputes (Chapter VI);

Disarmament measures (Articles 11, 26, 47);

Measures for the use of regional security organizations (Chapter VIII);

Compulsory security measures without the use of armed forces (Article 41, Chapter VII), as well as those associated with their use (Article 42).

UNSC carries out two main functions:

1) preventive – aimed at preventing threats to international peace and security;

2) coercive – aimed at restoring international peace and security.

The subjects of the UN collective security mechanism are: UN member states, UN bodies - the General Assembly, the Security Council, the Secretary General, as well as regional international organizations by virtue of Chapter VIII of the UN Charter. The competence of each subject is strictly delimited.

The Security Council is the main UN body responsible for maintaining international peace and security. It is the Security Council that carries out both the preventive and punitive functions of the UN collective security system.

The Security Council has the power to investigate any dispute or situation which may give rise to international friction or cause a dispute to determine whether the continuation of that dispute or situation is likely to threaten the maintenance of international peace and security (Article 34 of the UN Charter).

At any stage of a dispute the continuation of which might endanger the maintenance of peace or security, or a situation of a similar nature, the Security Council may recommend to States the appropriate procedure or methods of settlement enumerated in Art. 33 of the Charter. If the parties to a dispute do not resolve it by the means specified in this article, and the Security Council considers that the continuation of the dispute may actually endanger the maintenance of peace and security, it may itself determine the terms of the resolution of the dispute. Council decisions at this stage are recommendatory character.

If the dispute has not been resolved using the specified means and measures, or there is already a threat to peace or security or it has already been violated, the Security Council must qualify the situation, i.e. determine whether he is dealing with a threat to the peace, a breach of the peace, or an act of aggression. Depending on this, he decides what measures should be taken under Art. 41 and 42 of the Charter for the maintenance or restoration of international peace and security. The Security Council at this stage has the right to decide on any temporary measures under Art. 40 of the Charter to prevent the situation from worsening. Such temporary measures must not prejudice the rights, claims or position of the parties concerned.

If previous measures taken by the Security Council have not led to positive results, or the Council has decided that it is dealing with a breach of the peace or an act of aggression, it has the right to proceed to coercive measures:

Not related to the use of armed forces under Art. 41 (complete or partial interruption of economic relations, railway, sea, air, postal, telegraph, radio or other means of communication, as well as severance of diplomatic relations);

Related to the use of armed forces under Art. 42, if the Council considers that the measures provided for in Art. 41 may not be sufficient or has already proven to be insufficient.

Art. 43 of the Charter determines the procedure for UN members to place at the disposal of the Security Council the necessary armed forces, assistance and related facilities, including the right of passage, on the basis of a special agreement (agreements) concluded by the Council with UN member states with their subsequent ratification. Such agreements are concluded at the request of the Council, which is in the nature of a decision. Leadership of the Armed Forces in accordance with Art. 47 of the Charter is implemented by the Military Staff Committee under the Security Council, which includes the chiefs of staff of the permanent members of the Council or their representatives. However, neither Art. 43 nor Art. 47 were never put into effect due to disagreements between the permanent members of the Security Council throughout its existence. This led to the virtual cessation of the activities of the MSC since 1947, to the absence of armed forces subordinate to the Security Council and, as a consequence, to the extra-statutory practice of the UN in the field of the creation and use of armed forces.

An example of such practice is the creation of multinational forces under the UN flag and the conduct of peacekeeping operations.

3. UN peacekeeping operations: essence, principles and evolution.

From Art. 40 of the Charter implies the right of the Security Council to monitor the implementation of decisions on temporary measures. Based on this article, the practice of creating and using peacekeeping operations(OPM). This institution dates back to 1948, when the Palestine Truce Supervision Authority (UNTSO) was created. It was a UN military observer mission of unarmed officers - “blue berets”. In 1956, during the operation of the first Emergency Force in the Middle East (UNEF-1), the armed forces (“blue helmets”) of UN member countries were used. Starting with the UN Operation in the Congo (ONUC) in 1960-64. Civilian personnel became widely used, and the United Nations Transition Assistance Group in Namibia (UNTAG) brought 1,500 international police officers into the PKO for the first time.

The tasks solved with the help of OPM over the years boil down to the following:

a) investigation of incidents and negotiations with conflicting parties with a view to their reconciliation,

b) checking compliance with ceasefire agreements,

c) assistance in maintaining law and order,

d) protection of humanitarian activities during conflict,

d) monitoring the situation.

Depending on the upcoming PKO missions can be military observer missions and peacekeeping forces, including contingents of troops carrying light weapons used only for self-defense.

Since the first deployment of military observers in 1948, United Nations peacekeeping activities have continually evolved. As a result, PMOs have become not only multicomponent in composition, but also multifunctional in the nature of their activities. Established principles and practices of peacekeeping quickly adapt to the demands of the times, while the basic conditions for success remain unchanged:

1) a clear and real mandate;

2) cooperation of the parties in fulfilling this mandate;

3) consistent support from the Security Council;

4) the willingness of states to provide the necessary military, police and civilian personnel, including specialists;

5) effective leadership from the UN at Headquarters and in the field;

6) adequate financial and logistical support.

In most cases, UN peacekeeping operations have prevented the escalation of regional conflicts and brought an element of stability to dangerous situations in many regions. However, in a number of cases, PKOs suffered major setbacks and even failures when operations were carried out in the absence of an agreement between the conflicting parties. The failures were contributed to by unclear and contradictory Security Council mandates and the assignment of tasks to the PKO that went beyond peacekeeping, for example, the requirement to undertake coercion in the face of insufficiently strong political leadership on the part of the Security Council, lack of personnel, equipment, and funding.

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