dr/ Marwan Hayel Abdulmoula
2017 / 5 / 17
International law is an independent system of law existing outside the legal orders of particular states. It differs from domestic legal systems in a number of respects. For example, although the United Nations (UN) General Assembly, which consists of representatives of some 190 countries, has the outward appearances of a legislature, it has no power to issue binding laws. Rather, its resolutions serve only as recommendations—except in specific cases and for certain purposes within the UN system, such as determining the UN budget, admitting new members of the UN, and, with the involvement of the Security Council, electing new judges to the International Court of Justice (ICJ). Also, there is no system of courts with comprehensive jurisdiction in international law. The ICJ’s jurisdiction in contentious cases is founded upon the consent of the particular states involved. There is no international police force´-or-comprehensive system of law enforcement, and there also is no supreme executive authority. The UN Security Council may authorize the use of force to compel states to comply with its decisions, but only in specific and-limit-ed circumstances-;- essentially, there must be a prior act of aggression´-or-the threat of such an act. Moreover, any such enforcement action can be vetoed by any of the council’s five permanent members (China, France, Russia, the United Kingdom, and the United States). Because there is no standing UN military, the forces involved must be assembled from member states on an ad hoc basis.
international law definition :
International law is a system of legal principles and norms regulating relations between peoples and states and determining their mutual rights and obligations. ... The norms of international law are contained in bilateral and multilateral interstate treaties, and also form in the form of international customs.
The peculiarities of international law can be traced in its comparison with the domestic law:
By the way of formation of norms. The norms of the domestic law are created by the national authorities of states. The norms of international law are created by its subjects, and above all by states, by means of an agreement, the essence of which is the coordination of the will of states´-or-other subjects of international law-;-
By subjects. Subjects of internal law are physical and legal persons, state bodies, subjects of international law are sovereign states fighting for the creation of an independent state, nations and peoples, international organizations and some state entities, for example, the Vatican-;- On the subject of regulation. Domestic law is called upon to regulate relations between subjects of national law of individual states. The subject of regulation of international law are interstate relations in the broad sense of the word-;-
By sources of law. The norms of international and domestic law exist in various legal forms. Domestic norms are formulated in the form of laws, decrees, decrees, etc., international legal - in the form of international treaties, customs, decisions of international organizations, acts of international conferences and meetings-;-
By the way of implementation of norms. The norms of national law are provided by the compulsory force of the state. Ensuring the implementation of international legal norms, due to the fact that in international relations there is no education standing over international legal subjects, is produced by the subjects of international law (individually´-or-collectively).
-function-s of international law :
Coordinating - with its help, subjects of international law establish standards of conduct among themselves.
Regulatory - the rules of international law are designed to regulate legal relations, and not to discourage them and not complicate them.
Security - international law contains rules on responsibility that induce subjects of international law to follow generally accepted norms of international law.
Protective - there are mechanisms that protect the legitimate rights and interests of subjects of international law.
Sources of International Law :
Sources of international law are the forms of existence of international legal norms in which the rules of conduct agreed by the subjects of international law are expressed. In other words, the sources of international law are the forms of the implementation of the final result of the normative process in agreement with the will of sovereign states and other subjects of international law , Which has been expressed in contractual´-or-customary international legal norms.
In the centuries-old international practice of states, there are two main sources of international law - an international treaty and an international custom.
In accordance with Art. 2 of the Vienna Convention on the Law of Treaties of 1969, an international treaty "means an international agreement concluded between States in writing and governed by international law, regardless of whether such an agreement is contained in one document, in two´-or-more interrelated documents, and Also regardless of its specific name "(treaty, convention, agreement, pact, act, protocol, exchange of notes, letters, etc.).
It is in the international treaty that the objectives of concluding an international treaty, the object of a treaty, the rights and obligations of the contracting parties, the procedure and conditions for the entry into force of the treaty, the duration of the contract are specified in writing, the parties liability for non-fulfillment of contractual obligations and other agreed and binding to perform Position. The international treaty, which has gone through all stages of concluding, is a legitimate means of proving in international and national judicial bodies and institutions.
Most states of different legal systems legally confirm the succession with respect to international treaties and the compulsion to fulfill the international treaties to which they are parties, emphasize the priority of international legal norms over national laws and their priority implementation.
International custom is a rule of behavior that is repeated for a long time in a similar situation (situation), which is silently acknowledged and executed by subjects of international law in their international practice as a customary international legal norm. Article 38 of the Statute of the International Court of Justice defines "international custom as evidence of universal practice recognized as a legal norm".
In other words, in order for a certain rule of conduct to become an international custom (the usual international legal norm), it must satisfy simultaneously three conditions: the duration of the occurrence of repetition, manifestation in a similar situation (situation), the consent of the subjects of international law themselves to recognize such a rule of conduct in As an international custom. At the same time, international practice shows that the "historical duration" of the repeatability of the rule of behavior under the influence of scientific and technological progress is steadily declining. If, for example, the recognition of freedom of navigation in the framework of the subsequently established principle of freedom of the high seas as an international custom took centuries, recognition of the freedom to lay submarine cables and pipelines took much less time, the recognition of the freedom of scientific research - even less, and the recognition of freedom Exploration and use of outer space - the minimum period.
Basic principles of international law :
principles of international law ,they are the basic universally recognized norms that have the highest legal force. All other international legal norms and internationally significant actions of subjects must comply with the provisions of the basic principles.
All principles of international law are of paramount importance and must be strictly applied in interpreting each of them taking into account others.
Principles are interrelated: violation of one provision entails non-observance of others. For example, a violation of the principle of the territorial integrity of the state simultaneously violates the principles of the sovereign equality of states, non-interference in internal affairs, the nonuse of force and the threat of force, etc.
Since the basic principles of international law are international legal norms, they exist in the form of certain sources of international law.
Initially, these principles acted in the form of international legal customs, but with the adoption of the UN Charter, the basic principles acquire a contractual and legal form. Thus, the seven principles of international law (the sovereign equality of states, the conscientious fulfillment of international obligations undertaken, the peaceful settlement of international disputes, the denial of the threat´-or-use of force, etc.) are contained in the UN Charter. In this art. 103 of the Charter provides that in the event that the obligations of the UN members under the UN Charter are in contradiction with the obligations under any international treaty, the obligations under the Charter prevail.
The content of the basic principles was elaborated in the Declaration on the Principles of International Law concerning Friendly Relations and Cooperation among States in accordance with the UN Charter (1970) and other international documents. As applied to European conditions, the content of the basic principles was specified in the acts of the Conference on Security and Cooperation in Europe (CSCE), in particular, the Helsinki Final Act of 1975, the Final Document of the Vienna Meeting of 1989.
Let us examine the content of the basic principles of international law in more detail.
I. The principle of the sovereign equality of States and respect for the rights inherent in sovereignty. According to this principle, all states in international relations enjoy sovereign equality, have equal rights and duties and are equal members of the world community. The notion of equality means that:
All states are legally equal-;-
All States should respect the legal personality of other States-;-
All States enjoy the rights inherent in full sovereignty. They have the right to independently resolve questions about their participation in international conferences and organizations, international treaties, etc .-;-
Territorial integrity and political independence of states are inviolable, state borders can be changed only on the basis of an agreement and in accordance with the norms of international law-;-
States freely choose their political, economic, social and cultural systems-;-
States must fulfill their international obligations in good faith.
II. In accordance with the principle of non-use of force´-or-the threat of force, all States in international relations are obliged to refrain from the threat´-or-use of force against the territorial integrity and political independence of other states´-or-in any other way incompatible with the purposes of the United Nations. States, on the basis of universally recognized principles and norms of international law, must faithfully fulfill their international obligations with regard to the maintenance of peace and security. The threat of force should not be used as a means of settling disputes between states. Aggressive wars are declared crimes against peace and humanity and entail responsibility under international law. Propaganda of war is also prohibited.
III. According to the principle of peaceful settlement of international disputes, states are obliged to resolve their international disputes with other states by peaceful means in such a way that international peace, security and justice are not endangered. Disputes of states should be resolved on the basis of the principle of sovereign equality, in accordance with the principle of free choice of means for resolving the dispute and taking into account other principles.
International law provides States with a wide range of peaceful means of resolving international disputes. Disputes can be resolved through negotiation, examination, mediation, conciliation, arbitration, judicial proceedings, appeals to international organizations´-or-other means at the choice of states. If the parties do not resolve the dispute by one of the above means, they should seek to resolve the differences by other peaceful means. The UN plays an important role in the peaceful settlement of international disputes.
IV. On the basis of the principle of non-interference in the internal affairs of States, each state has the right to choose independently its political, economic, social´-or-cultural system without interference from other states. In this connection, the states:
Do not have the right -dir-ectly´-or-in-dir-ectly to interfere in the internal´-or-external affairs of another state-;-
Should not encourage subversive activities aimed at changing the structure of another state through violence-;- and
Should not interfere in the internal struggle in another state, refrain from assisting terrorist´-or-subversive activities.
V. Principle of territorial integrity of states. States must respect each other s territorial integrity and refrain from any actions incompatible with the purposes and principles of the UN Charter. States are also obliged to refrain from turning each other s territory into an object of occupation´-or-use of force in violation of international law. No occupation´-or-acquisition of territory is thus recognized as lawful.
VI. The principle of inviolability of borders. The states regard as inviolable all the borders of each other and the borders of all states in Europe and must refrain from any demands´-or-actions aimed at seizing part´-or-all of the territory of another state.
VII. The principle of respect for human rights. Respect for human rights and freedoms is an integral part of a comprehensive system of international security. States are obliged to respect human rights and fundamental freedoms for all, without distinction as to race, sex, language´-or-religion. Respect for human rights is an essential factor for peace, justice and democracy, which are necessary for friendly relations and cooperation between them. States have an obligation to promote the effective exercise of civil, political, economic, social´-or-cultural rights and freedoms that flow from the inherent dignity of each individual and are essential to its free and full development.
VIII. The principle of the right to self-determination of peoples and nations. All peoples have the right to freely determine, without outside interference, their political status and their economic, social and cultural development. The means by which the people exercise the right to self-determination are: the creation of a sovereign and independent state, the free accession to´-or-integration with an independent state, the establishment of any other political status freely chosen by the people. States are obliged to refrain from any violent actions that deprive peoples of the right to self.
IX. Principle of cooperation between states. States must cooperate with each other in accordance with the purposes and principles of the United Nations. Developing cooperation, states should promote mutual understanding and trust, friendly relations among themselves, improve the welfare of peoples.
X. In accordance with the principle of conscientious fulfillment of international obligations, States are obligated to fulfill in good faith their international obligations. In exercising their sovereign rights, including the right to establish laws and administrative rules, States must conform to their obligations under international law.
List of sources :
-Institute of Economics and Law of Ivan Kushnir, 2010-2017-
-Biryukov PN "International Law" M .: Lawyer. 1998
-Bekiashev K.A. International public law .- M., 640p. 2003-
dr/ Marwan Hayel Abdulmoula