The principle of inviolability of state borders: description, application in international law

According to the principle of the inviolability of state borders, world powers and small entities must respect the independence of all states. Maps show the lines of demarcation between countries. Which means that each subject of airspace, land and water territories, reflects their sovereignty. Country security is based on integrity. The principle of inviolability of state borders was first laid down in international treaties in 1970 between Poland, Czechoslovakia, two Germanys, different in political and ideological structure. The provisions approved in the agreements have become norms in international law and legally binding.

Border Guard

General order

To indicate the protection of territorial integrity, border signs were established, and armed posts were created. The principle of inviolability of state borders applies regardless of the existence of an agreement with a particular state on peace and cooperation. It is unacceptable to enter foreign territory in order to capture, move the lines at its discretion, any illegal intentions. Special services control border crossings by transport and people. Specific language on the principles of the inviolability of state borders passes

The final act, it was created at the General Conference of European States in 1975. They discussed the security and cooperation of countries. In this document, the participants promised each other to recognize borders and not to infringe on them.

Border delimiters

On what issues did you agree?

The heads of state that have signed the document must:

  • abandon territorial claims;
  • not to demand the ownership of foreign lands or water spaces;
  • Do not cross the demarcation lines in illegal, usurped ways.

The principle of inviolability of state borders in international law from the moment the CSCE participants signed the act has become a legally binding legal norm that cannot be repealed. International recognition of the types of existing borders introduced equivalence with agreements between countries.

Border checkpoint

Universal doctrine

International law is built on the fundamental principles and standards that contain interstate treaties. The basic doctrine includes universal provisions; relations between states should be based on them:

  • threats to force use are excluded;
  • disputes must be resolved peacefully;
  • lack of interference in the internal affairs of countries;
  • cooperation based on obligations to each other;
  • equal rights and self-determination;
  • sovereignty and equality;
  • the principle of inviolability and inviolability of state borders;
  • territorial integrity;
  • respect for rights and freedoms.

At the same time, the UN does not exclude the use of armed forces by countries for their own defense if their borders are crossed using a militarized attack. It is forbidden to use weapons in response to economic sanctions.

Border protection

Historical given

The principle of inviolability of state borders has been enshrined in international law, where it is forbidden to change the lines of demarcation by force. There are no restrictions on peaceful neoplasms in legal acts if separation of a region or region is necessary. Heads of state can sit at the negotiating table and resolve territorial disputes. Historical facts convey that borders have repeatedly changed in different ways:

  • conquest, when a stronger country took part of the land from a weak subject or completely subordinated it to its requirements and conditions;
  • implementation - the monarch sold his or bought the territory of a neighbor;
  • by exchange - the rulers agreed, the contract secured the further right to dispose of certain regions;
  • pledging;
  • inheritance - state land was divided between successors;
  • association - through the conclusion of profitable marriages.

Now the legal provisions and relations between peoples have changed.

A legitimate way to change boundaries

The modern law on the inviolability of state borders in international law recognizes changes in the following cases:

  • a trade transaction is made when the territory is sold;
  • part of land or water is transferred for compensation or privilege;
  • states exchange regions, transfer equal plots to each other;
  • historical rights are restored, lands torn away in wars return.

Politicians are cautious about the historical issue. If we consider the problem in recent generations, you can still come to a consensus, however, with great difficulty. When the rulers begin to make claims over a millennium, chaos can form with countless conflicts. Where everyone will search for moments favorable to themselves. The restoration of historical rights should be handled by international judicial bodies.

Train border crossing

What does immunity mean?

The inviolability of state borders is impossible without respect for their inviolability. Inviolability should be understood:

  • sustainability;
  • unwavering;
  • reliability;
  • immunity.

States are required to observe border lines, and crossing is only possible with the appropriate permission. Territorial integrity cannot be violated by force and military threat. If the regions join in this way, they are not considered legal. The Hague Convention contains a complete list of peaceful means to resolve territorial disputes, but there are no prohibitions on military methods. Therefore, the European Declaration and UN Charter in Article 2 are turning to a peaceful settlement.

Border violators

How does order govern relationships?

The principle of inviolability of state borders means that the state is protected:

  • military power;
  • diplomatic apparatus;
  • political allied treaties.

The emergence of fundamental allegations occurred to regulate relations between countries and establish a border:

  • delimitation;
  • demarcation;
  • rectification.

The inviolability of lines between countries has become necessary to reduce cross-border conflicts and strengthen state sovereignty. Similar principles can be maintained with:

  • bilateral arrangements;
  • universal charters;
  • political entities in the regions.

Documentary evidence states are obliged to refrain from attempting direct or indirect territorial damage. The support of offending countries and their accomplices is condemned.

Border Protection

What responsibilities does the law impose on countries?

Each state has its own right:

  • demand absolute immunity of borders;
  • change the lines of contact as agreed;
  • determine the order of intersection;
  • set or remove restrictions.

Countries are required to:

  • strictly observe territoriality;
  • not to violate the separation of demarcation lines, this includes a conciliatory, temporary demarcation;
  • resolve conflicts by peaceful agreement;
  • not to promote violators of principles.

The UN Charter in Articles 39-47 states that illegal border crossing is an international crime. For this, rigidity of the response measures is provided:

  • armed defense;
  • emergency sanctions;
  • restriction of sovereignty for the culprit of the conflict.

Each state entity is obliged:

  • respect international lawmaking;
  • recognize the priority of international obligations over national rights;
  • bring national legislation in line with international instruments.

Each position, both in domestic legal proceedings and in external relations, ends with the desire to peacefully resolve any complexity of the territorial dispute. The following mechanisms are welcomed as conflict resolution mechanisms:

  • to arbitration tribunals;
  • mutual consultative negotiations.

According to international legislative norms, an armed attack on a country by individual actors is unacceptable. Even if they justify the border crossing by humanitarian intervention, such actions will not bring a positive result, they will be condemned in the international community. At least such a mission is prepared for international law, there should not be a biased attitude where one of the parties is obviously given priority and all violations are justified.

Source: https://habr.com/ru/post/F37758/


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