The state as a subject of international law - Государство и право курсовая работа

Главная

Государство и право
The state as a subject of international law

The concept and features of the state as a subject of international law. The sovereignty as the basis of the rights and duties of the state. Basic rights and obligations of the state. The international legal responsibility of states. Full list of rights.


посмотреть текст работы


скачать работу можно здесь


полная информация о работе


весь список подобных работ


Нужна помощь с учёбой? Наши эксперты готовы помочь!
Нажимая на кнопку, вы соглашаетесь с
политикой обработки персональных данных

Студенты, аспиранты, молодые ученые, использующие базу знаний в своей учебе и работе, будут вам очень благодарны.

The relevance of the topic chosen due to the fact of the state's domestic and foreign policy are required to act within the established rights, apart from that, they have certain responsibilities towards other States. Equal rights and, accordingly, equal obligations approved by the State. This suggests that their policy, no State should not restrict the other country in their rights. Today, some states are looking for ways to go beyond the powers assigned to them, violating thus, the rights of other States and the right of peoples. This is mainly expressed legal basis, but it is also illegal party like "relationship." In this regard, it is necessary to examine the established rules of international law the rights and obligations of the state, as well as to identify, in any part of the state can implement its policy, without infringing the interests of other states.
Typical features of international law are determined by the characteristic features of his subjects, in accordance with that law exists to regulate the relationship between sovereign entities, to ensure their interests. The most important feature of the status of subjects of international law lies in the fact that they are directly involved in the organization and implementation of its provisions. Only education that meet the specified requirements may be subjects of international law. Because the range of subjects can not be increased at random. 1
States and intergovernmental organizations are recognized as subjects of international law. Not so obvious is recognized personality of nations, peoples, fighting for the formation of an autonomous state. As an exception, there are atypical entities - Vatican City, a free city.
The object of work is the most important content of the basic legal rights and obligations of states as subjects of international law.
Scope of the work - the basic rights and duties of states.
The purpose of this research is the study of the content of rights and obligations at the same time, the characteristics of states as subjects of international law. To achieve this goal it is necessary to solve the following problems:
- Examine the concept of the state in international law;
- To consider the universally recognized rights and duties of states as subjects of international law.
Historically, international law has emerged as the rules that govern state relations. Representatives of the rights and duties were initially only the state as the only participants in international legal relations. 2
XX century radically changed the entire structure of international relations. Creation of the United Nations and the adoption of the UN Charter, as well as globalization, continuously emerging threats to international peace and security have put the individual states and the international community in general face a difficult choice of getting used to new conditions, which are formed in international relations. 3
The changes that have marked the onset of the XXI century, once again put the state to the need to take account of the new reality, gradually begins to be taken into account in the foreign policy of different countries, and in the practice of the United Nations. This is reflected in many international agreements concluded in recent years.
Survival in today's world where there are processes of globalization, it is permissible only if the consideration of the interests of states and the international community as a whole. International law on this should be not only dominant, but often, and the crucial role that impossible at the absolute sovereignty of States.
This study was conducted with the help of certain methods of investigation, such as a specially-law, comparative legal, historical and other methods of ordering and generalization of scientific material. 4
In analyzing the problem of Fundamental Rights and Duties of States, we used the international normative legal acts, some national laws, as well as scientific literature and manuals.
The structure of the course work consists of conducting, 2 chapters, each of which includes several paragraphs, conclusion and list of references.
CHAPTER 1. THE STATE AS A SUBJECT OF INTERNATIONAL LAW
1. THE CONCEPT AND FEATURES OF THE STATE AS A SUBJECT OF INTERNATIONAL LAW
The subject of state law called the support of individual rights and legal responsibilities. This view is also used in the field of international law, yet has its own characteristics. The subject of international law:
a) may be shared with other entities to form the norms of international law by the conclusion of international agreements and to participate in them;
b) be able to freely and conscientiously carry out its obligations - the rules of international law, and to seek from others of their execution, disposing of international methods of coercion;
c) fairly self-sufficient and independent in international legal relations.
Thus, the subject of international law - an independent participant in international relations, which owns the rights and obligations provided for him by international treaties. There are two types of subjects of international law: primary and derivative. 5
The primary subjects of international law include: public education, as well as the peoples and nations who are fighting for their freedom and independence against colonialism.
Derivative subjects of international law are formed by primary actors endow them with international legal capacity sufficient. They can act as international intergovernmental association or similar public education. For example, the Vatican appears as a derivative subject of international law, because it is an authoritative international status established by the Concordat of Italy February 18, 1984 The Vatican is entitled to conclude international agreements and participate in diplomatic relations with the states. It acts as a permanent observer at the UN.West Berlin from 1971 to 1990, had the status of a derivative subject of international law, according to the agreement between the USSR, USA, Britain and France. Also in this category of subjects can be ranked and gone down in history "free city" - Krakow (1815-1846), Danzig (1920-19Z9), Free Territory of Trieste (1947-1954) and others.
State - this is a special organization of political power, with its special apparatus (mechanism) of the Management Board to reach its normal functioning. 6
There are signs required of a sovereign state as a subject of international law:
c) the power that is able to independently control the population within its territory and to participate in legal relations with other states;
independent states - independent of political control in other states, as well as the ability to independently enter into agreements with other subjects of international law;
- Rudimentary state, do not have all the features peculiar to an independent state;
- Dependent states legally ceded to another subject of international law own powers in foreign policy and international relations, including:
- Colony under foreign subjugation or separately administered territory, "the peoples of these territories are not made ??until the absolute self-government";
- Trust Territories of the United Nations, to which Chapters XII and XIII of the UN Charter. The international structure of guardianship included: the Pacific Islands (1947), Nauru (1947), Somalia (1950), Namibia - the territory of South West Africa (1966). Currently, all these territories became independent;
- "Associated state" provided under the agreement to another public education for the implementation of the right to own inner self and external international relations, as a rule, under the guarantee of their own safety, or the acquisition of financial and economic support.
Formation of the new sovereign state entities - subjects of international law often happened as a consequence of the military and revolutionary action. Thus, in the XIX century. a group of cantons tried to secede from Switzerland, founded his union - Sonderbund (Special Union). They once again returned to the federation through armed forces. In the US desire to exit the eleven southern states of the federation filed a civil war of 1861-1865. After World War II stationed at the site of colonies and overseas possessions was formed more than 100 autonomous public entities. 7
The formation of a new subject of international law is possible in three ways:
combining two or more public entities. For example, in 1964, of two states - Tanganyika and Zanzibar - Tanzania was founded;
the division of the state into several parts. For example, in 1960 the Federation of Mali is divided into two public education - Mali and Senegal, which then joined with The Gambia to form the confederation of Senegambia, ceased to exist in 1988. In 1965, Singapore was allocated from the Federation of Malaysia. In 1971, Bangladesh (Bengal) as a result of military conflict broke away from Pakistan. In the 1990s, there was the collapse of the socialist system of public entities. First, Slovenia and Croatia seceded from Yugoslavia, and by 2002, and Yugoslavia itself ceased to exist, having broken into Serbia and Montenegro. Czechoslovakia disengaged at two public education: the Czech Republic and Slovakia. The Soviet Union, which was formed in 1922, broke up in 1991, and it stood out from the beginning, Latvia, Lithuania and Estonia, and then in the end the Belavezha Accords declared themselves autonomous states, Russia, Belarus, Ukraine. Later, and other Confederated republics - Azerbaijan and Armenia (unleashed the military conflict with each other because of the Karabakh), Georgia (from which as a result of hostilities became independent Abkhazia and South Ossetia), Kazakhstan, Kyrgyzstan, Moldova (in the investigation hostilities from the partition Transdniestrian Republic), Uzbekistan and Tajikistan;
base or formation of new state entities. For example, the UN General Assembly in 1947 adopted a resolution №181, according to which the Palestinian territories are required to be based two independent states - Arab and Jewish. The fulfillment of this resolution the UN lasted almost 60 years. Military conflicts are drawn to this day in Palestine and the State of Israel. 8
By his own polity subjects of international law are divided into simple (unitary) and complex (federations, confederations). Federation appear on the international scene as a single subject of international law. The members of the current majority of federations not appear as subjects of international law. Members of the Federation may be subjects of international law only if the legislation of the Federation takes them this property.
Subjects of the Russian Federation does not have international legal personality of the Constitution, which stipulates that the jurisdiction of the Russian Federation have the "federal structure and the territory"; "Foreign policy and international relations of the Russian Federation, international treaties of the Russian Federation; issues of war and peace "; "Foreign economic relations". Yet to the general jurisdiction of the Russian Federation and its subjects are ranked as "the coordination of international and foreign economic relations of the Russian Federation, pursuant to international treaties." 9
Another provision in the Soviet Union there was according to the Constitution of the USSR: The Federal Republic was an independent Soviet socialist state formation. She independently implemented the state power in its own grounds, with its own constitution, to appoint its own administrative-territorial unit, had the right "to enter into relations with foreign states and to conclude agreements and exchange diplomatic and consular representatives, as well as had the opportunity to participate in the affairs of international organizations." For example, the Ukrainian SSR and Byelorussian SSR in 1947 were signed peace treaties with Italy, Finland, Bulgaria, Romania, Hungary; It is a founding member of the UN and 26 June 1945 in conjunction with the Union of Soviet Socialist Republic adopted the Charter of the United Nations. To all external relations of the Union republics possessed the Ministries of Foreign Affairs.
Union republics are autonomous public entities and significant subjects of international law. In founded in 1996, the Union of Belarus and Russia, too, there were joint bodies, decisions which could be binding on these countries, which are autonomous subjects of international law. 10
The main feature of the state - a state sovereignty in connection with what is presented as the main subject of international law.Sovereignty - the most important political and legal property of public entities. The rule of state power in its own territory and independence of public entities in the international arena is its main legal characteristics.
Rule - full and exclusive authority of the state over a certain territory and obedience of the individual and the power of social communities residing within that territory. The sovereignty of the state means that one can not, citing the judgment or any internal or external nature, to try to impose on other nations as they need to manage their internal affairs. 11
The independence of public entities found in his disobedience, whatever that may be, other state law enforcement. The external aspect of state sovereignty is his right and the ability to consist in its relations with other states and to conduct a foreign policy without a dictatorship and pressure from outside, without the intervention and control in other countries. The independence of public entities on the international scene - not unlimited freedom of action and freedom, limited objective recognized and generally binding principles and norms of international law. The independence of the state represents only an independent state by the rule of law of a State, and not from the universally recognized norms and the current position of international law.
In implementing its own internal and foreign policy of every state is obliged to have respect for the sovereignty of other public entities and follow the universally recognized norms and principles of international law. Honoring the sovereignty of other states provide the international legal order, and, on the contrary, the violation of the sovereignty of other public entities is capable of providing a violation of international order and security. Sovereignty is not only entitles the government to find a solution to its stand-alone internal and external problems, but also gives each public education obligation to consider the interests of other states, as well as the principles of international law. State sovereignty is not only carried out a set of rights and responsibilities. 12
Armed Forces and other troops, police and national security forces are to defend the sovereignty of Russia.
Jurisdiction represents an integral feature of sovereignty, expressing the competence of public entities to hear criminal, civil and other matters, as the activities of state bodies that ensure implementation of national legislation. On the territory of the State implements its own jurisdiction in absolute volume, but in some areas of the state perform limited jurisdiction. Thus, according to the Outer Space Treaty (1967) The State has launched a space object, provide the jurisdiction and control of the subject and the object of every crew during his stay in space, also on a celestial body (Art. VIII). Coastal State has jurisdiction in the exclusive economic zone in connection with the creation and use of artificial islands, installations and structures, marine scientific research, protection and preservation of the marine environment (United Nations Convention on the Law of the Sea, Art. 56). On the continental shelf of a coastal state education takes sovereign rights for the purpose of exploration and exploitation of natural resources of the shelf (Art. 77), also exercise jurisdiction over the organization and use of artificial islands, installations and structures (Art. 80). The state also implements jurisdiction over its own citizens and property, if they are located in the no man's land (eg, in Antarctica). 13
The judgment of the international legal personality of the colonial countries and nations represented in the Declaration of the UN General Assembly (1960), which declared the need to eliminate colonialism and neo-colonial domination define each is international law. The decision of the UN General Assembly №54 from 21 February 1984 approval and preservation of colonial rule proclaimed an international crime.Legitimate combating required to keep under the base of the legitimate authorities who obey the law of the armed forces. The struggle for the separation of the territory from the general public education is referred to as separatism. This concept is not identical to the struggle against the colonial system. The separatists can not claim the status of a belligerent nation as a subject of international law and have legal capacity:
a) it is in a relationship with other subjects of international law;
b) conclude with them international agreements, according to which they undertake certain rights and obligations;
d) have its own representation in international institutions.
2. THE SOVEREIGNTY AS THE BASIS OF THE RIGHTS AND DUTIES OF THE STATE
Political and legal aspects of state power, means its supremacy and fullness in the country, independence and equality of the outside is referred to as the sovereignty of the state. There are two features of state sovereignty:
> Domestic: which forms the supremacy and fullness of state authority over all other authorities in the political structure of society, its monopoly on legislation, administration and jurisdiction within the country within the entire state 'territory;
> Foreign: expressed in the independence and equality of states as a subject of international law in connection with other public entities, non-interference in the domestic affairs of the outside.
Internal sovereignty is also called legislative sovereignty, as it provides the right of legislative power to shape laws. 14
Based on the content of legal acts of the state sovereignty of the state, identified a number of key attributes of sovereignty:
* There is no rule that a higher public authorities in the state: the state power can abolish, admit void any manifestation of any other public authority;
* Independence or the ability to independently implement solutions within the country and outside by following the rules of national and international law;
* Completeness - Coverage of state authority in all spheres of public life, the entire population and public organizations;
* Indivisibility of State authority within its territory - the unity government as a whole and its only functional separation of branches of government: legislative, executive and judicial; immediate implementation of government decrees in their channels;
* Independence in external relations - the opportunity to make their own decisions outside of the country in compliance with international law and respect for the sovereignty of other countries,
* Equality in external relations - the presence in the international relations of such rights and obligations as other countries.
To these should be added to the grounds of sovereignty inalienable.
Are inalienable - the impossibility of arbitrary exclusion of legitimate and legal authorities, only the presence of the law designated to delegate sovereign rights of the state to local authorities (in a unitary state), the regions and local authorities (in the federal state).
As a general rule, the sovereignty over the entire territory of the state, as well as serves as a guiding principle for the participation of the state in the international arena as a subject of international law. 15
Sovereignty possess any state, regardless of the size of their territory, population, form of government and devices. The sovereignty of the state is a basic principle of international law. It found expression in the UN Charter and other international legal instruments.
3. the right to form the state bodies;
4. the right to determine their attributes (and other symbols.)
6. the right to appoint their representatives to other states and international organizations;
7. the right to join unions and other interstate.
However, the state has no right to do whatever he considers necessary in relation to other states. It warns against such actions by international law. For example, the state prohibits the use of force against other states, except for self-defense or authorized by the UN Security Council. Another limitation of the freedom of action of the state is a legal obligation to perform a treaty concluded. For example, members of the European Union concluded an agreement under which a large portion of their economic life is subject to the leadership of the Union. In addition, the European Union has its own terms and its own court, which is based on the principle that in the event of a conflict between the laws of the Union and the laws of the Member State belongs to the priority of the laws of the Union. Despite these limitations, the members of the European Union are sovereign states.
It should be distinguished from the sovereignty of the state sovereignty of the people and the sovereignty of the nation. 16
The sovereignty of the people means the rule of the people and the media as a source of power, their right to decide their own destiny, either directly or through representative bodies to participate in shaping the policies of the state, the composition of its organs, to control the activities of the government.
The sovereignty of the people, enshrined in the Constitution - the qualitative characteristics of democracy, democratic regime in the country.
State sovereignty does not necessarily imply sovereignty of the people. The sovereignty of states can be combined with the lack of sovereignty of the people, with the presence of the totalitarian regime of despotism. Usually (but not always) the absence of external sovereignty of a State entails loss of sovereignty of the people as the inner freedom of its political status. In a democratic state the source and basis for cooperation of government is a constituent power of the people. Here the sovereignty of the people is the source of national sovereignty. 17
The sovereignty of the nation is the sovereignty of the nation, which is realized through its fundamental rights. The fundamental rights of the nation:
- Legally guaranteed freedom of action (if possible) of the nation, which is in accordance with the achieved level of human evolution is able to ensure its existence and development. The measure of freedom is enshrined in an international standard as a common and equal for all nations. The fundamental rights of the nation:
- The right to life and free development, possession of a real opportunity to determine the nature of their national life, including the ability to exercise the right to political self-determination (public self-organization - including the creation of an independent state);
- The right to the free development of national needs - economic and social;
- The right to the spiritual and cultural development, respect for national honor and dignity, the development of the national language, customs and traditions;
- The right to dispose of the natural and material resources in their territories;
- The right to peaceful coexistence with other peoples and nations;
- The right to environmental safety, and others.
Thus, the sovereignty of the nation, its sovereignty means having a real opportunity to determine the nature of their national life, to decide matters relating to the development of national freedom and national needs, the right to respect for national honor and dignity, the development of culture, language, customs, traditions, and the creation of national institutions. The sovereignty of one nation is not possible without respect for the sovereignty of other nations and nationalities, with no respect for their national needs and rights. 18
What is the ratio of state sovereignty and the sovereignty of the nation in the multinational states?
In a multinational state's sovereignty can not be a sovereign nation as the ethno-social community. It includes obligations with respect to other nations, who are contemporaries of the "titular" nation, exist in parallel with it.
State sovereignty is exercised by a multinational state must guarantee the sovereignty of each of the united nations. If the nation exercise their right to political self-determination by combining in a federal state (federation), the sovereignty of each of the united nations is achieved by ensuring that the sovereign rights of subjects of the Union, to cede part of their rights multinational state (eg, protection of common state borders, the implementation of a common financial, fiscal and defense policy).
The main thing is that the nation, the majority in the country and gave the name of the state, did not use his advantage to limit the rights of other nations. Illegal and unacceptable any national discrimination or a desire to subjugate other nations.
Under the UN Charter, any public education shall respect the right of nations to self-determination and to guarantee this right. However, the right to self-determination is not the same right to national sovereignty. You can not equate the right of peoples to self-determination and the right to secession for membership in a particular state and secession. National sovereignty does not necessarily imply sovereignty. Self-determination can take the form of cultural autonomy, ie, the development of the national language, conducting teaching in their mother tongue, restoration and development of its culture, art, etc. If all the peoples of the multinational state will seek permission to create an independent state (state sovereignty), the world will be involved in the chaos.
State, national, and national sovereignty are interconnected in a democratic state. 19
TABLE OF CONTENTS CHAPTER 2 FUNDAMENTAL RIGHTS AND DUTIES OF THE STATE
Basic rights and obligations of the state - a category that reflects the conditions necessary for the life of the state in the international community. Therefore, they belong to the category of so-called inalienable rights, which in normal conditions can not be restricted. All of them are the same regardless of their size, economic and military power and other differences.
Basic rights and obligations due to the nature of the state and nature of the community. We can say that what the community, such rights and obligations, and on the other hand, what are the rights and obligations of States, so is the international community. As the latest content of the rights and responsibilities expanded, enriched. 20
The fundamental rights are associated with sovereignty. Often they are called sovereign rights. They serve as a prerequisite for the acquisition of certain rights and obligations. In the exercise of its sovereign rights of the state are limited to the respective rights of other states. Using the rights to the detriment of the rights and legitimate interests of other states is an abuse of rights. Each State enjoys the rights inherent in full sovereignty, and other states are obliged to respect these rights and not interfere with their implementation. The UN General Assembly has repeatedly urged states to abandon the law, extraterritorial action is contrary to the sovereignty of other states.
To implement the sovereign rights of states is essential notion of jurisdiction. The latter is a manifestation of sovereignty and state power is, its volume and scope. In terms of the full jurisdiction of the distinguished and limited by the scope of - the territorial and extraterritorial, the nature of power - legislative, executive and judicial.
Full jurisdiction means the power of the state to prescribe behavior and ensure the implementation of its requirements by all means at its disposal legal means. Limited jurisdiction means that the State may prescribe the behavior, but it is more or less limited in the use of means of ensuring compliance with the requirements.
Given the importance of fundamental rights and duties of states, the UN General Assembly in the early years of its existence, requested the International Law Commission to prepare a draft of the declaration. In 1949, the Commission presented a project which, however, was not accepted. With the adoption of the Declaration on Principles of International Law in 1970 reduced the relevance of the question, because the principles defined the fundamental rights and duties of states. In addition, in 1974 the General Assembly adopted the Charter of Economic Rights and Duties of States. 21
UN Charter enshrined the most important law of the State of the people, person - the right to life and the world, as well as the obligation to cooperate for this purpose.
Each state is entitled to demand the resolution of disputes by peaceful means and the duty to respect the corresponding rights of other States.
Each state has the right to decide their own internal affairs and the duty not to interfere in the affairs of other relevant countries.
The state has the right to cooperate with other states based on democratic principles enshrined in the UN Charter, and has a duty to cooperate. 22
The state has the right to freely choose their socio-political system and the corresponding duty to respect the right of other states, as well as equal rights and self.
Noteworthy is the development of the principle of sovereign equality. All States are equal before international law, each of them is obliged to respect the personality of
The state as a subject of international law курсовая работа. Государство и право.
Курсовая работа по теме Развитие творческих способностей младших школьников в процессе трудового обучения
Сочинения Огэ 2022
Реферат: Роль финансов в создании и функционировании свободных экономических зон как одном из направлений интеграции России в мировую экономику
Реферат: Организационно-правовые формы страховщиков. Скачать бесплатно и без регистрации
Контрольная работа по теме Правовое государство: от античности до современности
Реферат: Этнические конфликты на территории бывшего СССР. Скачать бесплатно и без регистрации
Курсовая Сюжетно Ролевая Игра
Отчет По Практике На Тему Деятельность Страховой Компании "Коместра"
Дипломная работа по теме Исследование альтернативных технологий переработки отходов жизнедеятельности человека
Реферат На Тему Сравнительный Анализ Европейской И Американской Моделей Менеджмента
Дипломная работа по теме Пути повышения рентабельности производства Борисовского завода пластмассовых изделий
Эссе Егэ Английский Скачать
Средства Индивидуальной Защиты В Чс Реферат
Курсовая работа: Nonequivalent vocabulary in English language. Скачать бесплатно и без регистрации
Реферат: Формування клімату і погоди Клімат України і Європи
Проверочные Контрольные Работы
Реферат по теме Недостатність підшлункової залози
Реферат: Стиль барокко во Франции
Сочинение 9.3 По Васильеву
Реферат: Государственный аппарат России в 1900-1917. Скачать бесплатно и без регистрации
Выдающийся российский флотоводец и исследователь Дальнего Востока, адмирал Геннадий Иванович Невельской (1813-1876) - География и экономическая география реферат
Поняття безпеки, небезпеки, ризику та причини травмування людини - Безопасность жизнедеятельности и охрана труда реферат
Грибные болезни хлебных злаков - Биология и естествознание курсовая работа