The concept and principles of international law are enshrined in various declarations and conventions adopted by representatives of the international community. These legal documents define universally recognized norms that are binding on all parties to interstate relations. Let us further consider the concept and principles of international law in more detail.
Definition
International law is an independent and independent legal institution providing regulation of interstate and other relations in the sphere of common interests of different countries. It is formed by the state individually or in conjunction with other powers.
Generally recognized principles and norms of international law
All of them have a predominantly imperative character. They contain obligations with respect to each participant in interstate relations. The generally recognized principles and norms of international law are a kind of foundation on which the interaction of representatives of the world community is based.
All these provisions are divided into basic and industry. The application of the principles of international law of the first group is possible in all areas of international relations. In a number of cases, when characterizing any actions of members of the world community as contradicting generally accepted norms, they mean a violation of just the basic provisions, if they do not imply non-compliance with more specific requirements (for example, those present in any intergovernmental agreement). In the latter case, a reference to non-fulfillment of the terms of a specific contract, and not of the principles of international law, will be more true. This, in fact, is the difference between special and basic provisions. The latter are enshrined in Conventions, Declarations, etc., and the latter in agreements and treaties.
UN Charter
Quite often in the political sphere, the principles enshrined in the UN Charter are mentioned. This usually refers to the main international legal provisions governing interstate relations. I must say that the UN Charter can be considered not only a document regulating the work of the United Nations, but also a source of principles of international law.
Many lawyers note that, despite the fact that the main provisions enshrined in the Charter relate mainly to the activities of the UN, the relations between its members, their content is actually much wider.
Firstly, this normative act enshrines certain principles of international humanitarian law, formulated even before the adoption of the Charter. It is, in particular, about the sovereign equality of countries, non-interference in the affairs of another state.
Secondly, certain principles became generally recognized only after the adoption of the Charter. Prior to its approval, these provisions were not used in the practice of interstate relations. It is, in particular, about the principles of self-determination of peoples, the non-use of force. They arose under the influence of a rapidly changing international environment. At the same time, the establishment and development of the procedure for applying the principles of international law required a certain time.
The self-determination of peoples is also mentioned in documents from 1920. Then the USSR signed intergovernmental agreements with a number of Asian countries. The principle of international law on the self-determination of peoples, however, became generally recognized precisely after the adoption of the UN Charter.
Despite the fact that the main provisions governing interstate relations and enshrined in the Charter are addressed mainly to UN members, representatives of the world community began to believe that their action applies to all countries either immediately after their adoption (as the principle of the non-use of military or other force), or after a short period (as a provision on self-determination).
It seems that the creators of the UN already at the initial stages of the functioning of the Organization were oriented to the fact that the principles enshrined in the Charter should become universally recognized. Article 6, paragraph 2, of this legal document states that the UN ensures the implementation of political actions by countries that are not its members in accordance with the established principles of international law. This is necessary to maintain peace and security on the planet.
It should be noted that the above provision cannot be regarded as the desire of the UN to impose on all states the rules developed by the Organization. Meanwhile, the experience of the Second World War showed that for the normal existence of peoples, the participation of all members of the world community in maintaining peace and security on Earth is necessary.
Declaration of provisions
All principles of international law are elements of one system. They have an inextricable connection with each other and cannot be used and exist separately from each other. It is impossible to oppose one position to another, to put some norms in the first place, and some - in the last. All this is reflected in the Declaration on the Principles of International Law. It was approved by the UN General Assembly in 1970.
The declaration discloses the content of the principles of international law, there is an indication that the provisions of the Charter, reflected in it, should also be considered generally accepted norms governing interstate relations.
It follows that the rules are formulated not only in relation to UN participants, but also in general to all countries of the world. The declaration states that, when interpreted and applied, the principles of international law enshrined in it are interconnected elements of one system, and each of them must be considered in the context of other generally recognized provisions.
Legal nature of the declaration
In fact, this document is a recommendation. But due to the fact that the declaration was adopted without a vote, the world community recognizes it as an act containing an official interpretation of the fundamental international legal principles given by the UN. No member of the United Nations objected to its adoption. This fact gives the Declaration special legal significance. Its provisions have been repeatedly referred to and still continue to be referred to by participants in international legal relations.
CSCE Final Act
This document was signed in 1975 in Helsinki. The Act begins with the Declaration of 1970. That is what the CSCE participants should be guided by.
The Act contains not international legal obligations of countries, but political ones, and in a specific way the essence of the basic principles of international law is revealed. These provisions are interpreted in relation to the participants in the Helsinki process. The act sets out a more detailed list of them than in the declaration. Thus, the key principles of international law are the provisions on the inviolability of borders and respect for human rights. The first requirement mainly reflects the conditions of interaction between European countries and is a modified version of the principle of territorial independence.
The act also emphasizes the interconnectedness of its provisions. It says that all principles are of paramount importance and, accordingly, will be rigorously and equally used in the interpretation of each provision, taking into account the remaining requirements.
Industry Provisions
It should be said that there is no absolutely complete and accurate list of key international legal principles. In some situations, it can be short, in others - detailed. In some cases, several principles are combined into one, and in others, one position is divided into two or even three. At the same time, a general list of international legal principles can be given.
Among the industry provisions are the principles of freedom on the high seas and the country's exclusive sovereignty over its own airspace. Almost every international legal industry has its own foundations. They are more specific than the main ones and, accordingly, are applicable precisely to those legal relations that are regulated by this industry. Compared with other norms in their field, they are at a higher level. In this particular industry, they are recognized as fundamental and, therefore, are predominantly imperative.
Among the relatively recent emerging industry provisions, one can note the principle of the inadmissibility of nationalization of parts of territories that are not under the sovereignty of a particular state, and their use in all countries.
Nuances of wording
In international practice, the concept of general principles is also used. In some cases, they are identified with generally recognized legal provisions. Paragraph "c" of article 38 of the Statute of the International Court of Justice of the United Nations establishes that the Court in resolving disputes should apply, together with conventions and international customs, the "general principles" recognized by civilized states (nations). However, it should be noted that such a division into civilized and uncivilized countries is long outdated.
At present, representatives of the world community speak mainly of general international legal principles. Most practitioners and theorists believe that they should recognize logical rules that reflect the laws that are characteristic of law in general, both domestic and international. Many of them originated in ancient Rome.
So, the following principles of private international law are currently valid:
- No one can provide another entity with more legal opportunities than he has.
- Law cannot be the result of an offense.
- In contractual relationships, the intentions of the parties must be taken into account, not just the words they use.
- It is necessary to interpret documents if possible so that all contradictions are eliminated.
- If more is permitted, less is also considered permitted.
Features of the structure of norms
According to sources of generally recognized principles of international law, the sequence of arrangement of fundamental rules can be very different. This circumstance once again proves that all these provisions are equally important and have a close relationship. The place of the principles of international law in the system is not of particular importance. This conclusion is confirmed by comparing the UN Charter, the CSCE Final Act and the 1970 Declaration.
Classification of principles
For a better understanding and effective application in practice, it is advisable to group the provisions according to some criterion. If based on the method of legal regulation, but in the first place in the system of principles of international law should be permissible provisions, after them - prohibiting, and then - prescribing.
The former include the norm on the sovereign equality of states, but with small reservations. They are due to the fact that in this principle there are prescriptive elements.
The prohibition of non-interference in cases referred to the internal competence of countries and the non-use of force are considered prohibitive. The prescribing principles are the principles of peaceful settlement of disputes between states, territorial integrity, inviolability of countries, self-determination and equality of peoples, conscientious fulfillment of obligations by representatives of the world community, respect for freedoms and human rights.
The principles of international law appeal primarily to states. But to the extent that this is possible, the provisions regulate intergovernmental relations with the participation of other entities.
Sovereign equality of countries
This principle means that all states, acting as sovereign entities, are independent from each other and equal. When implementing this provision, the area of the territory, military and economic power, population, level of social development and other circumstances are not taken into account.
State sovereignty is a special property that is recognized by any country. It arises along with the formation of the state and ceases with its disappearance. State sovereignty is recognized as the legal symbol of the political and legal independence of the country, sovereignty within the borders of its own territory, independence from other powers.
Content of Sovereignty
Sovereign equality is referred to in paragraph 1 of Article 2 of the UN Charter. The content of this principle is disclosed in the Declaration of 1970, as well as in the CSCE Final Act (as applied to members of the Helsinki Process).
The sovereign equality of countries implies the obligation of states to respect each other's independence and territorial integrity. It should be noted that this obligation extends to other international legal entities.
Sovereign equality does not imply a mechanical coincidence of responsibility and the rights of states. The main ones are indeed the same. However, when concluding intergovernmental agreements, such obligations and rights may be provided that other participants in international legal relations do not have. In addition, representatives of the world community can, on their own initiative, limit their own legal capabilities. In this case, of course, it is necessary to ensure that the sovereignty of other participants is not infringed.
Sovereign equality allows countries to independently and freely choose and improve political, cultural, social, economic systems, determine their foreign and domestic policies, and resolve issues related to participation in intergovernmental agreements and international organizations.
Realization of sovereignty is carried out through the commission of independent acts reflecting sovereignty within the borders of the territory of the corresponding state and independence on the world stage.
Compliance with international obligations
It is formulated in paragraph 2 of article 2 of the UN Charter. The norm emphasizes that members of the Organization are obliged to conscientiously fulfill obligations arising from universally recognized international legal norms, intergovernmental treaties, if they are ratified.
This principle applies not only to states, but also to other entities involved in interstate relations.
If the obligations arising from intergovernmental agreements contradict the requirements enshrined in the UN Charter, the provisions of the Charter are recognized as priority.
Russian Federation and the principles of international law
Recently, the problem of the correlation of generally recognized norms governing interstate relations and the provisions of national legislation has become increasingly relevant. According to several authors, it is expressed not only in large-scale mutual influence of the principles of international law and the law of the Russian Federation. Recently, there has been a growing penetration of norms recognized by the international community into national legislation.
The foundations of regulatory regulation of these areas are enshrined in paragraph 4 of article 15 of the Constitution. According to the norm, intergovernmental agreements with the participation of Russia and the principles of international law act as an integral element of the domestic legal system. This provision is confirmed by the instructions of the Supreme Court in plenary resolution of 1995. According to this act, when administering justice, the Russian courts are advised to take into account the fact that international legal principles, together with intergovernmental agreements, are recognized as elements of the regulatory system of the Russian Federation. A similar situation is also present in the plenary resolution of the Armed Forces of 2003.
The specifics of the implementation of international legal principles in the framework of national legislation
According to some researchers, the norm recognized by the international community, when applied by a particular state, is modified and therefore should be considered by subjects of domestic law as an element of the national legal system. Other experts argue that international legal principles still remain autonomous.
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- All people are equal before the court and the tribunal. Everyone is entitled to examine any charge brought against him in public and fair trial by an independent, competent, impartial tribunal. any decision made in a case must be public. The exception is cases where the interests of persons under the age of 18 require different things or if the case is related to matrimonial (marital) disputes or custody of a child.
Guarantees for the accused
Each subject in the proceedings of a criminal charge may rely on:
- Detailed and timely notice in the language that he speaks (or understands) about the basis and nature of the charge.
- Enough time and opportunity to prepare a defense and a meeting with a lawyer.
- Proceedings without undue delay and in his presence.
- Personal defense or assistance of a lawyer, including one appointed by the court.
- Exemption from coercion to testify against yourself or to plead guilty.
- Review of the sentence by a higher court.
International criminal law principles also establish other guarantees for entities suspected of cross-border crimes.
Special criminal provisions
Holding liable is allowed only for those acts that are recognized as crimes in accordance with international criminal law at the time of their commission.
Of particular importance in practice is the principle of inevitability of responsibility. According to him, the perpetrator should be punished, regardless of whether a sanction was established for his act in national law or not. The implementation of this principle also means strict observance of the rights of the subject to a timely hearing of his case and defense.
Prohibition of re-conviction
The principle of the impossibility of a secondary judgment for one and the same act has some peculiarities. The Rome Statute states that no person convicted of crimes against humanity, genocide, military assaults, aggression against the state, can be convicted by the International Court of Justice again, unless the proceedings in a national court:
- It served to protect the person concerned from liability for infringement falling under the jurisdiction of the International Court of Justice.
- On other grounds, it was not carried out impartially and independently, it was carried out in such a way that it could not meet the goal of bringing the guilty to justice.
These provisions were of fundamental importance after the entry into force of the Statute on July 1, 2002. These regulations indicate the possibility of initiating a new prosecution by the International Court of Justice for assaults that are subject to it and containing signs of cross-border crimes, if such acts have not been adequately assessed by national courts.