This article will discuss the topic of international law and the basic principles by which it is governed. In the legal field, these provisions are defined as binding in the global community. Their reflection can be found in most international treaties and charters. These standards are universal and imperative.
General definition
What words can denote the concept of international law? This is a specific legal category, which is determined by interstate relations. These norms can be both between countries and within the state if they are somehow connected with foreign participants.
This concept can be interpreted as a certain result or outcome of social interaction. Russian and international rights have changed and transformed with the development of the institution of the state.
Regulations
Sources of international law can be called three main documents:
- The Charter of the United Nations, namely the preamble and articles 1-2. In the second article of this international treaty, you can find seven main provisions. For example, the principles of sovereign equality of all participants. The agreement also stipulates that all parties to the organization must faithfully fulfill their obligations.
- Declaration of Principles of International Law. What parameters are fixed here? This document provides a more detailed interpretation of the provisions established in the UN Charter. Their task is to establish friendly relations between countries and develop their cooperation.
- Helsinki Declaration of Principles. This agreement was concluded between 35 states - 2 North American and 33 European countries.
The third document defines not seven, as in the UN Charter, but ten principles. Nevertheless, these rules of the world cooperation industry cannot be called exhaustive and complete. For example, you can supplement these provisions with questions about environmental safety issues. This principle is not considered unified today.
The second document, the Declaration adopted by the General Assembly in 1970, emphasizes that all rules and regulations are interconnected. It also states that each principle should be considered in the context of the rest. This can be changed so that all established criteria are unacceptable to separate and determine as the main, at a loss to other indicators.
In this Declaration, principles are defined as fundamental in the system of international law. So all countries must strictly observe them in the development and conduct of their activities.
Functions
The international law system performs several tasks:
- Coordination. With this function, participants in international relations designate certain standards of behavior between them.
- Regulation or stabilization. So that the interaction between the subjects is not aggravated and not complicated, it is necessary to streamline them with the help of relevant legal norms.
- Dogmas of international relations should be established so that all participants follow them, which means there is a certain responsibility.
- The protective task, by which mechanisms are established to uphold the rights and interests of the subjects of rights (between states).
Subjects
To whom is the action of interstate treaties and agreements directed? Of course, on their side. That is, on the subjects of international law or participants in these legal relationships. They have immediate obligations and prerogatives.
And who are the subjects of legal international relations? Four directions can be distinguished, these are:
- States.
- International institutions - both governmental and non-governmental. For example, the Red Cross committee is one of those. This global organization takes neutrality and impartiality as the basis of its activity; assists victims of war and unrest.
- Nations / peoples that uphold their independence and sovereignty.
- Education created like states.
The above subjects are divided into two main categories: derivatives and primary. So, initially, international rights (and human rights) are in countries, peoples or nations that defend their interests.
Derivatives are subjects that are formed from primary. As a rule, they carry out their activities on the basis of constituent agreements.
Fundamental provisions
Having studied the main regulatory documents, which indicate the principles of international law, we can designate them as some peremptory norms that are global in nature. They should be taken into account in all external state documents: treaties, charters of organizations, and other general practice subjects. These foundations are generally binding in nature, and cannot be canceled or somehow reformed.
In the concept of international regulations, ten basic principles are identified, such as:
- Prevention of the use of force methods or threats to their use.
- The duty of cooperation and interaction between countries.
- Equality of sovereignty.
- Impeccable compliance with international legal standards.
- Territorial community, integrity.
- Respect for fundamental human rights and freedoms.
- Equality of peoples and nations.
- The solution of interstate disputes by peaceful means.
- The inviolability of state borders.
- Prevention of direct or indirect interference of countries in the internal affairs of the state.
Let's consider them in more detail.
Prevention of the use of force methods
All sources of international law reinforce this principle. Thus, the Helsinki Declaration established that parties to the agreement refrain from using forceful methods or threats to use them. This applies both to the territorial structure, and to the field of politics and any other industries.
In this regard, the states signing this declaration will refrain from direct or indirect actions involving the use of force or such intentions in relation to another participant. In the same way, they should avoid reprisals — that is, certain coercive measures in a political or economic sector. In general, this principle establishes that force cannot in any way be a means of resolving conflict situations or issues that cause controversy.
The duty of cooperation and interaction between countries
The Charter adopted by the UN states that states must cooperate in solving various economic, cultural, and social problems. In addition, contracting countries are obliged, in general, to promote peace and security. To do this, they must take some collective measures, which must be highly effective and efficient.
This position is often fixed in many charters of world organizations, in treaties, as well as in a huge number of international resolutions and agreements. How the state should carry out cooperation, and to what extent, depends on them, that is, on the availability of development needs, resources and internal legislative norms.
Equality of Sovereignty
Each state has its own legal autonomy. In accordance with this principle, countries are required to respect the sovereignty of other participants. What does it mean? Within each locality, government and other bodies are entitled to exercise the judicial, executive and other branches of government without the intervention of other states. They also independently decide how to pursue policies from outside. A reflection of this principle is found in paragraph 1 of Article 2 of the UN Charter, which proclaims that this Organization is based on the sovereign equality of all its members.
The main objective of this provision can be called ensuring equal legal participation of all countries. After all, a single state has its own political regimes, a separate system of economy or social structure. Since all parties to the Declarations or Charters are equal, identical rights and obligations are defined for them.
Impeccable (bona fide) compliance with legal standards
The above rule of international legal relations falls into the category of "pacta sunt servanda", that is, as fundamental. Contracts must be respected. These standards arose in the earliest periods - practically with the formation of the state. Now this principle is indicated in many agreements between countries: with two or more.
The Helsinki Declaration states that participants impeccably fulfill (should) treaties under international law. This applies to both universally recognized rules and those established by treaties and other agreements in which they participate.
This legal provision provides the predictability property, which is very useful for the parties to the agreements. They are accurately informed that the requirements will be met, which means that they can plan activities for a certain period and not spend additional funds in case participants refuse to comply with the standards.
This provision is also enshrined in the Charter of the United Nations, which focuses on the creation of certain conditions for the guaranteed fulfillment of all obligations, so that everyone has the rights and benefits of participating in this organization.
Territorial community
This provision was established with the adoption of the UN Charter, which imposed a ban on force methods or intentions against the commonality of territories and the autonomy of the policies of any countries.
The promotion of this principle is contained in the Helsinki Agreement, which provides a more detailed wording. So, the states participating in international cooperation should respect the unity of territorial generalization, namely, avoid using force or threats to use them.
The parties to the agreements are equally not allowed to transform territories into objects of military occupation, or other measures of military influence - both direct and indirect. So, any types of seizure of territories cannot be considered legal.
Respect for fundamental rights and freedoms
The implementation of this basic legal provision is an integral part of any regulatory act, including international. The principle of respect for rights also includes freedom of conscience, religious beliefs and beliefs. The parties to the agreements undertake to comply with all the rules that are defined by the concept of dignity of the individual personality, its comprehensive and unhindered development. In accordance with international law, human and civil law is key.
This rule was adopted simultaneously with the adoption of the UN Charter. The preamble of this document tells about the belief in the fundamental rights of people, gender equality. In accordance with Article 55 of the Charter, the maintenance of an adequate standard of living of the population, their employment, and improvement of the social and economic spheres of society is enshrined. Universal respect for and observance of the will of all people is also regulated.
The following article provides for the full cooperation of the parties to the UN agreement to carry out these tasks. As a matter of fact, compliance with this principle is the internal competence of each state. Therefore, standards at the international level are not aimed at the internal order of the country, but require practical implementation in the framework of external relations.
Equality of Peoples and Nations
The norms of international cooperation establish the principles of respect for each nation, for their free choice of the path and methods of genesis.
Article 2 of the Charter of the United Nations defines the development of friendly relations between peoples, on the basis of equal rights and independent determination of nations and nationalities, as one of the most important guidelines. This "creed" can often be found in the documents of the Organization - in declarations, human rights covenants of 1966.
In the Helsinki Agreement, however, the emphasis is placed on the fact that, in accordance with this rule, peoples have the full right to dispose of planned or current affairs. They can determine at their discretion political statuses without external interference, determine how they will develop politics, economics, social and cultural processes.
Peacefully resolving international disputes
All countries have a responsibility to manage conflicts without using violent methods of influence. In accordance with paragraph 3 of Article 2 of the Charter, the settlement of disputes is done peacefully so as not to jeopardize the sustainability and justice of world society.
The document establishes the right of choice for participants who have controversial issues. They can decide for themselves how they will solve this problem. Of course, these should be peaceful ways. For example, in most states it is customary to resolve contentious issues through political negotiations, through diplomats or representatives.
The 1970 agreement stipulates that countries must make every effort to quickly arrive at the correct and honest resolution of discussions based on international humanitarian law. Participants should negotiate, and renew them until there is a suitable way to resolve the differences.
The inviolability of state borders
This provision defines the framework for establishing the limits of the territory of countries. It establishes the basis on which states should decide on the protection of their borders and their establishment.
Legally, the consolidation of this principle dates back to 1970. Starting from this period, the determination of the inviolability of the borders of countries is the norm of international law.
What does this rule say? For example, the Declaration of the Final Act of the Security Conference states that all participants regard the borders of countries as an indestructible substance. In this regard, they should not encroach on the borders of the borders of territories. The state cannot change border lines without coordination, or change force and pressure of such methods. Countries themselves determine the customs rules, remove or impose restrictions on the movement of certain items, services or individuals.
Prevention of direct or indirect interference of countries in the internal affairs of states
In general, international law does not provide for any questions about the domestic policies of countries. Therefore, any outside interference can be considered a violation of this provision.
Any state has the prerogative of choosing a political regime, social arrangement, cultural industries, and economic development. No international institution or legal institution should organize and promote armed or subversive activities, or change the established regime with the use of force. This provision may be repealed in extreme cases of the use of coercive measures, when in case of non-interference there may be a threat of aggression and violation of peace.