1.3. Regional systems collective security
The creation and operation of regional collective security systems is determined by Chapter. VIII of the UN Charter “Regional Agreements”, documents of these organizations and other international legal documents.
In accordance with the UN Charter, members of a regional organization that have entered into such agreements or constitute such bodies must make every effort to achieve the peaceful resolution of local disputes through such regional agreements or such regional bodies before referring such disputes to the Security Council. The Security Council should encourage the development of the application of the peaceful resolution of local disputes through such regional agreements or regional bodies, either on the initiative of the States concerned or on its own initiative.
The Security Council must always be fully informed of actions taken or proposed under regional agreements or by regional bodies to maintain international peace and safety.
Regional collective security systems are characterized by the following features:
· the obligation of the parties to the treaty to resolve disputes among themselves exclusively by peaceful means is established;
· provides for the obligation of participants to provide individual or collective assistance to a state that has been subjected to an armed attack from the outside;
· O measures taken collective defense is immediately notified to the UN Security Council;
· as a rule, the treaty involves states of the same region, and the treaty itself is valid within a predetermined area specified in the agreement of the parties;
· the admission of new states into the security system established by the treaty is possible only with the consent of all its participants.
Regional collective security systems include:
1) Collective security system within the CIS
In accordance with the Collective Security Treaty of 1992, the Agreement on the approval of the Regulations on the Collective Security Council of 1992 (Armenia, Kazakhstan, Kyrgyzstan, Russian Federation, Tajikistan, Uzbekistan) a Collective Security Council was established within the CIS. The seat of the Council is Moscow.
The Council consists of the heads of participating states and the Commander-in-Chief of the SIA. By decision of the Council, the Secretary General of the Council is appointed, as well as the Commander-in-Chief of the armed forces of the states parties to the Treaty.
The Council shall, in particular, establish and take such measures as it finds necessary to maintain or restore peace and security. Such measures shall be immediately notified to the UN Security Council.
Within the framework of the CIS, the United Armed Forces of the Commonwealth have also been created - troops, forces and command and control bodies, allocated from the armed forces of the Commonwealth states and operationally subordinate to the High Command of the Allied Forces, but remaining directly subordinate to the military command and control bodies of their states.
The CIS Charter stipulates that in the event of a threat to the sovereignty, security and territorial integrity of one or more member states or international peace and security, members of the Commonwealth shall carry out mutual consultations to take measures to eliminate the emerging threat, including peacekeeping operations and the use of armed forces in order to implement the right to individual or collective self-defense under Art. 51 of the UN Charter. The decision on the joint use of armed forces is made by the Council of Heads of State or interested members of the CIS.
2) Organization American states
The Organization of American States (OAS) was created on the basis of the Inter-American Treaty of Mutual Assistance of 1947, the OAS Charter of 1948, and the Inter-American Treaty for the Peaceful Settlement of International Disputes of 1948. In the 60s and 70s. Significant changes were made to the 1947 Treaty and the OAS Charter.
The goals of the OAS are to achieve peace and security on the American continent, strengthen solidarity and cooperation, protect territorial integrity, organize joint action in the event of aggression, and peacefully resolve disputes.
Any American state that has ratified its Charter can be a member of the OAS. Currently, all American states participate in the OAS, with the exception of Canada and Cuba.
In accordance with Art. 25 of the OAS Charter, any aggression against one of the American states is considered as aggression against all the others. The Charter provides an expanded list of cases in which states have the right to use measures of “legitimate collective self-defense”: if the inviolability or integrity of territory, or the sovereignty or political independence of any American state is violated by an armed attack or act of aggression, or an intra-continental conflict between American states, or in resulting from a situation that could threaten America's peace.
Unlike other regional collective security systems, the OAS Charter does not provide for the obligation of the OAS to notify the UN Security Council of military measures taken, which appears to be inconsistent with the provisions of the UN Charter.
The structure of the OAS is more complex than that of other regional organizations.
The highest body of the OAS is the General Assembly, in which all OAS member states are represented.
A Consultative Meeting of Foreign Ministers has been created to consider urgent problems. A Defense Advisory Committee was established under it to coordinate the activities of participants on issues of military cooperation.
The functions of the OAS Council, consisting of representatives of the OAS member states, include familiarization with all inter-American treaties concluded by the OAS states, development of draft conventions within the OAS, ensuring the work of the so-called. Pan American Union, facilitating relations with the UN, etc.
The General Secretariat of the OAS (formerly the Pan American Union) is headed by the Secretary General of the OAS, elected for five years.
In addition to the main bodies in the OAS, there are auxiliary structures: specialized conferences and specialized organizations (Inter-American Commission on Human Rights, Inter-American Judicial Committee, etc.).
3) North Atlantic Treaty (NATO)
The North Atlantic Treaty was signed in 1949. The original members of NATO were the USA, Great Britain, France, Italy, etc., a total of 26 states. Currently there are 16 members of NATO.
According to the provisions of the North Atlantic Treaty (Articles 5 and 7), an armed attack against one or more member states will be considered an attack against all of them; if such an attack occurs, each participant will assist the party under attack by all means, including the use of armed force. An attack includes an armed attack, both on the territory of Member States and on their ships and aircraft in a specific area.
Any such attack and all measures taken shall be immediately reported to the UN Security Council, which shall take measures to restore and maintain international peace and security.
In accordance with the Treaty, a NATO Council is created, in which all members are represented. The Council establishes auxiliary bodies - the Defense Committee, the Committee of Chiefs of Staff, etc. Any other person can join NATO, in accordance with the provisions of the Treaty. European state, which is able to implement the principles of this Treaty, by agreement of all parties.
4) Defense Treaty South-East Asia
The Southeast Asian Defense Treaty was signed in 1954 by eight countries (USA, England, France, Australia, New Zealand, Pakistan, Thailand, Philippines). According to the provisions of the Treaty (Article 4), in the event of an armed attack against one of the parties in the area covered by the Treaty, state parties are obliged to provide individual and collective assistance in repelling the aggression in accordance with their constitutional provisions. Moreover, the concept of “area covered by the treaty” includes all the territories of the Asian parties to the treaty and the area of the southwest Pacific Ocean. The UN Security Council is immediately notified of the measures taken.
The norms of international law can be considered in one way or another international court only with the consent of the disputing states. 1. The concept and system of international legal means of ensuring international security International security law represents a system of principles and norms governing military-political relations of states and other subjects of international law in order...
honor from production activities. The concept of international and national security, in Russian scientific literature, international security is considered as a state of political, economic and other relations between states, eliminating the threat of aggression of one or a group of states against another state or group of states and ensuring their peaceful coexistence...
Collective Security is a system of joint measures by states around the world (universal) or a specific geographical area (regional), undertaken to prevent and eliminate threats to peace and suppress acts of aggression or other violations of international peace and security.
The collective security system is legally formalized by treaties and often involves the creation of a collective security organization. Typically, the content of such agreements includes the following obligations:
1) do not resort to force or the threat of force;
2) resolve disputes among themselves exclusively peacefully;
3) actively cooperate in eliminating any danger to international peace and improving the international situation;
4) conduct joint activities and provide mutual assistance in military matters.
The modern collective security system is divided into universal (based on the collective security organization - the UN) and regional (based on regional treaties and organizations).
The United Nations is, as already noted, a universal collective security organization. Article 1 of the UN Charter establishes as the purpose of the organization the maintenance of international peace and security and the adoption of effective collective measures for this. Security tools available to the UN:
Measures to prohibit the threat or use of force in relations between states (clause 4 of article 2);
Measures for the peaceful resolution of international disputes (Chapter VI);
Disarmament measures (Articles 11, 26,47);
Security measures during the transition period (Chapter XVII);
Measures for the use of regional security organizations (Chapter VIII);
Temporary measures to suppress violations of the peace (Article 40);
Compulsory security measures without the use of armed forces (Article 41);
Coercive measures using armed forces (Article 42).
As can be seen, the UN Charter not only allows for the creation of regional collective security systems, but also uses them to achieve comprehensive security. There are a number of requirements for agreements on regional collective security:
The activities and actions of these systems should not extend beyond the boundaries of the given area;
They cannot contradict the actions of the UN and must be compatible with the purposes and principles of the UN Charter;
The UN Security Council must be informed of actions planned and taken.
There are several regional collective security systems:
1. Organization of American States (OAS). The organization adopted the Treaty of Mutual Assistance of 1947 and the Treaty for the Peaceful Settlement of Disputes of 1948.
2. North Atlantic Treaty Organization (NATO). NATO is an organization that offers both political and military instruments of cooperation. Currently, 26 states participate in the organization.
3. Organization for Security and Cooperation in Europe (OSCE). Formed from the Conference on Security and Cooperation in Europe. 56 countries from Europe, North America and Central Asia are participating. Mainly aimed at using peaceful means of ensuring international security.
4. Organization of the Collective Security Treaty (CSTO). Created in 1992. Currently there are 7 states (Armenia, Belarus, Kazakhstan, Kyrgyzstan, Russia, Tajikistan, Uzbekistan). It is a military-political union.
NATO. Highest political body NATO is the North Atlantic Council (NATO Council), which consists of representatives of all member states. Council meetings are held twice a year. Council decisions are made unanimously. During the period between sessions, the functions of the NATO Council are performed by the NATO Permanent Council, where all member states are also represented.
The highest military-political body organization is the Military Planning Committee, which meets twice a year at its sessions at the level of defense ministers. During the period between sessions, the functions of the Military Planning Committee are performed by the Standing Military Planning Committee.
Supreme military authority NATO is a Military Committee consisting of the Chiefs of General Staff of NATO member countries and a civilian representative of Iceland, which does not have armed forces. It meets at least twice a year for its meetings. The Military Committee is subordinate to the commands of two zones: Europe and the Atlantic. The Supreme High Command in Europe is headed by supreme commander in chief(always an American general). Subordinate to him are the main commands in three European theaters of military operations: Northern European, Central European and Southern European. During the period between meetings, the functions of the Military Committee are performed by the Standing Military Committee.
The main bodies of NATO also include the Nuclear Planning Group, which usually meets twice a year at the level of defense ministers.
NATO cooperates in the Russian Federation. Thus, in May 2002, the Russia-NATO Council was created. Within its framework there are a number of working groups in the following areas of cooperation:
In the air
In the field of logistics and logistics
In area missile defense
In 2003, the Russian Minister of Defense and NATO Secretary General J. Robertson signed the Russia-NATO framework document for rescuing crews of damaged submarines. Since 2004, Russia has participated in joint exercises and conducted joint peacekeeping operations with NATO.
OSCE. The main means of ensuring security within the OSCE:
Arms proliferation control;
Diplomatic efforts to prevent conflicts;
Measures to build trust and security;
Protection of human rights;
Development of democratic institutions;
Election monitoring;
Economic and environmental safety.
It is thanks to the OSCE that the so-called human dimension of security emerged. A comprehensive system for the peaceful resolution of disputes is central to the work of the OSCE. This system consists of two parts:
General system(based on Chapter VI of the UN Charter);
Special system(conciliation and arbitration procedure); consists of two stages - the first stage uses conciliation, and then permanent arbitration.
The OSCE's activities are aimed at preventing conflicts. As a result, the concept of “early warning” emerged. Missions of special rapporteurs, fact-finding missions, and military observer missions are also widely used in the OSCE. It is also possible to use armed force, but exclusively for peacekeeping purposes (monitoring a ceasefire and withdrawal of troops, creating buffer zones between conflicting parties, security functions when receiving humanitarian aid, etc.).
CSTO. First of all, this is a military organization with the help of which Russia is trying to strengthen its strategic positions in Central Asia, the states of which have, among other things, foreign military bases (American in Kyrgyzstan, French in Tajikistan).
Military cooperation is carried out within the framework of the CSTO. In particular, collective forces for rapid deployment of the Central Asian region have been created (10 battalions, about 4 thousand people). Joint exercises and operations are planned. There was a proposal to participate in peacekeeping operation in Afghanistan. When joining the CSTO, Uzbekistan made a proposal to use collective forces to maintain internal security. In particular, he even proposed developing intelligence and counterintelligence structures within the organization.
Within the framework of the organization, joint exercises are conducted, general military operations are planned, and military-technical assistance is provided to participating states.
The highest body is the Collective Security Council, which consists of the heads of member states. Also created:
1. The Council of Foreign Ministers is an advisory and executive body on issues of coordinating the interaction of member states in the field foreign policy.
2. The Council of Defense Ministers is an advisory and executive body on issues of coordinating the interaction of member states in the field of military policy, military development and military-technical cooperation.
3. The Committee of Secretaries of Security Councils is an advisory and executive body on issues of coordinating the interaction of member states in the field of ensuring their national security.
4. The highest administrative official is the Secretary General.
Within the organization, there is a permanent Joint Staff responsible for preparing proposals and implementing decisions on the military component of the CSTO. He is also entrusted with tasks performed by the command and the permanent operational group of the collective forces headquarters.
Charter of the United Nations // Current international law. In 3 volumes. Compiled by Yu.M. Kolosov and E.S. Krivchikova. Volume 1. M.: Publishing house of the Moscow Independent Institute of International Law, 1999.
Treaty on the Non-Proliferation of Nuclear Weapons of 1968 // Current international law. In 3 volumes. Compiled by Yu.M. Kolosov and E.S. Krivchikova. Volume 2. M.: Publishing house of the Moscow Independent Institute of International Law, 1999.
The concept of collective security of the states parties to the Collective Security Treaty of 1995 // Bulletin. international contracts. - 1995. - No. 10.
Comprehensive international security: International legal principles and norms: Handbook /Author. Col.: E. T. Agaev, T. G. Alasania, B. M. Ashavsky and others; Rep. ed. B. M. Klimenko; Diplomatic Academy of the Ministry of Foreign Affairs. - reference ed. - M.: International. relations, 1990.
Malinin, S.A. The human dimension as an obligatory component of a comprehensive approach to international security / S.A. Malinin // Jurisprudence. - 1994. - No. 3.
Section 11. Territory and international law
1. Concept and types of territories
The surface of planet Earth includes water and land surfaces, subsoil, airspace, i.e. something without which human civilization cannot exist. All of these constituent elements together can be called a planetary territory, which belongs to all of humanity and is its common heritage. In addition to the general planetary territory, from the point of view of the location of the planet Earth, one should also distinguish as a territory the outer space surrounding the Earth, the Moon and other celestial bodies. The task of humanity is to preserve the planetary territory with all its components, as well as everything that surrounds it for future generations. The solution to this problem is directly related to the activities of various entities on those components that together represent the territory in its broadly understood. This activity must be legal in nature, therefore, subject to certain rules of conduct. Such rules are established differently for individual components of the territory, which are characterized by a certain legal regime.
Depending on the legal regime, the entire territory is divided into several categories (types):
1) state territory is a space that is located within the state borders of a separate state and within which the state exercises its sovereignty;
2) territory with an international legal regime is a space that is not part of the state territory, the sovereignty of any state does not apply to it, it is used by all states in accordance with international legal norms; such territory includes: the high seas, the airspace above it and the exclusive economic zone, the seabed and its subsoil outside the exclusive economic zones and the continental shelf of coastal states, outer space, including the Moon and other celestial bodies, Antarctica and the airspace above it;
3) a territory with a mixed regime is a space in relation to which coastal states are endowed with some sovereign rights, and others with certain freedoms; it is subject to both the norms of international law and the norms of national legislation of the coastal states; such territory includes the continental shelf and exclusive economic zone, international rivers and straits covered by territorial waters, international canals; coastal states are endowed with sovereign rights to explore and develop resources within these spaces; other states retain freedom of navigation, flight, laying of submarine cables and pipelines and a number of other rights in accordance with international law and the norms of coastal states;
4) a territory with a special international regime is a space that is a demilitarized or neutralized zone, as well as a zone of peace; these include: arch. Spitsbergen, Åland Islands, the Moon and other celestial bodies, as well as other territories.
2. State territory
State territory is the space within which each state exercises its sovereignty, its supreme power.
State territory includes:
1) land territory within state borders, as well as islands, regardless of their location; some states have enclaves as part of their land territory - territories completely or partially surrounded by the territory of other states; an example would be the Kaliningrad region, which is part of the land territory of the Russian Federation, but surrounded by the territories of other states;
2) water territory, which includes inland waters (rivers, lakes, reservoirs, canals); internal sea waters (spaces of ports, bays, bays adjacent to the coast); territorial sea;
3) airspace located above land and water territory;
4) subsoil located under land and water areas.
In addition to these types of state territory, the so-called “conditional territory of the state” is also distinguished, which includes the premises of diplomatic and consular missions of the state located in foreign countries, aircraft and water vessels, space stations and other space objects, structures in Antarctica.
The legal status of the territory of a state is determined by its internal legislation. Thus, in accordance with the Constitution of the Russian Federation, its sovereignty extends to its entire territory (Article 4), which includes the territories of the constituent entities of the Russian Federation, internal waters and the territorial sea, and the airspace above it (Article 67). According to the Constitution of Portugal (Article 5), Portugal covers the territory historically formed on the European continent, as well as the archipelagos of the Azores and Madeiro. The state cannot cede any part of Portuguese territory, as well as sovereign rights to it, unless this is associated with a change in borders.
The fundamental principle in determining the status of state territory is the principle of territorial integrity, formulated in the Final Act of the Conference on Security and Cooperation, held in Helsinki in 1975. A change in state territory in accordance with this principle can only take place on the basis of the express consent of the state and in accordance with the norms and principles of international law. Legal registration of such a change is carried out by concluding an interstate agreement on the transfer of a certain part of the territory or on the exchange of certain areas.
3. State border
A state border is a line drawn in reality or an imaginary line on the earth and water surface, as well as imaginary vertical planes running along them, defining the limits of the state’s sovereignty over its land and water territories, airspace and subsoil. The state border is divided into land, water and air.
A land border is a line passing along characteristic points of the terrain or through certain points of geographical coordinates, as well as along parallels and meridians.
Water boundaries are divided into river, lake, and sea.
River boundaries usually run along the middle of the main fairway or the line of greatest depth if the river is navigable; if the river is not navigable - as a rule, in the middle of the river or its main branch. An international treaty may determine a different procedure for determining the border.
On lakes and other bodies of water, the border most often runs along a straight line connecting the border outlets to the shores of the lake or reservoir, and can also run along the median if the lake has an elongated shape and the opposite shores belong to neighboring states.
The maritime boundary is established at sea by each state along the outer limit of its territorial waters, if these waters do not come into contact with similar waters of other states. Currently, the width of territorial waters in accordance with the provisions of the UN Convention on the Law of the Sea cannot exceed 12 nautical miles. In cases where the territorial waters of two or more states touch and the 12-mile regime cannot be maintained, the border line between us is determined on the basis of an agreement.
The air border is a vertical surface passing along the line of the land and water state border. The upper altitude limit of the airspace separating it from outer space has not currently been established. In practice, it is proposed to install it within 110 km. from the surface of the Earth.
The state border separates at least two states, therefore its establishment is regulated by relevant international treaties. For example, in accordance with the Treaty between the Russian Federation and the Republic of Lithuania on the Russian-Lithuanian state border, the term “state border” means a line and a vertical surface passing along this line dividing the territories on land, in the waters, subsoil and airspace of the Russian Federation and the Lithuanian Republic. The state border starts from the junction point of the borders of the Russian Federation, the Republic of Lithuania and the Republic of Poland and runs in accordance with the description of the passage of the state border line between the Russian Federation and the Republic of Lithuania to the junction point of the external borders of the territorial seas of the parties in the Baltic Sea.
When establishing the state border line, two stages take place: delimitation and demarcation.
Delimitation is the definition in an international treaty of the direction of the state border with its designation on maps, diagrams, plans. A map with a state border line marked on it is usually signed or initialed, sealed with the official seals of the parties and is integral part agreement.
Demarcation is the determination and designation of the state border line on the ground in accordance with border delimitation agreements and maps and diagrams attached to them. The work on demarcation is carried out by an intergovernmental mixed commission of the parties. Sometimes such functions are performed by a special international body. On the demarcation of the border on the ground, a protocol is drawn up with a description of the demarcated border, a map with its designation, as well as a protocol for each boundary sign and a diagram of each sign.
The state border regime is determined in accordance with the principle of international law of the inviolability of borders, formulated in the Final Act of the Conference on Security and Cooperation (Helsinki 1975). In accordance with this principle, relevant international treaties are concluded that define the procedure for protecting the border, the procedure for crossing it, the procedure for resolving disputes in case of violation of the state border regime and other issues. The state border regime is also established in accordance with the internal legislation of states. In Russia, this is the Law “On the State Border of the Russian Federation”, the Customs Code of the Russian Federation, the Air Code of the Russian Federation and other acts.
Failure to comply with the rules on the state border regime leads to a conflict situation, an interstate dispute. In accordance with the principle of peaceful resolution of international disputes, such situations should be resolved without resorting to the use of force or the threat of force. To resolve border conflicts, the institution of border commissioners (border representatives), established in international law, is used. The procedure for their activities, powers, and locations are determined by agreements between states, usually in the form of bilateral agreements on the activities of border representatives.
Border representatives within the areas of their activity accept necessary measures to prevent border incidents and resolve them if they occur; monitor compliance with the rules for crossing the state border and take measures to prevent their violation; take measures to combat smuggling; take measures to deport illegal immigrants; participate in the identification of human corpses and their transfer; provide control over economic work and other activities at the state border; solve other issues.
The activities of border representatives are also regulated by internal state acts. In the Russian Federation, the Government Decree of May 15, 1995 approved the Regulations on Border Representatives of the Russian Federation. It provides that border representatives of the Russian Federation and their deputies are appointed to certain parts of the state border of the Russian Federation in accordance with international treaties to resolve issues related to compliance with the state border regime and the resolution of border incidents.
4. International rivers and canals
International rivers are rivers flowing through the territory of two or more states and the use of which is the subject of international legal relations of the riparian states. A feature of their legal regime is that each part of the river is under the sovereignty of the state within whose borders it flows. The Danube, Amur, Rhine, Niger, Congo, Amazon and others have the status of international rivers. Coastal states determine the international legal regime of such rivers, concluding, for example, agreements on navigation. Non-coastal states engaged in navigation along the river may also be parties to such agreements. international rivers. Coastal states form international river commissions on a parity basis to monitor the implementation of agreements on the use of relevant international rivers. International rivers can be used not only for navigation purposes, but also for other purposes, for example, for the construction of dams, hydroelectric power stations, irrigation, timber rafting, etc. In this regard, states, exercising sovereignty over their part of the river, are obliged to use this section without causing damage to other riparian states.
In concluded agreements on the regime of international rivers, riparian states may provide for some restrictions for non-riparian states. This mainly concerns the navigation of military vessels on international rivers. Thus, according to the Convention on the Regime of Navigation on the Danube, navigation on the Danube by warships of non-Danubian countries is prohibited.
International canals are artificial sea routes connecting each other. separate seas and oceans and used for international shipping. International canals are located on the territory of specific states, but these states, when deciding to lay a canal, agree to the use of it by other states for maritime navigation, ensure such navigation, and other states undertake to respect the rights of the state through whose territory the canal is laid, including rules on collection of fees. The regime of international navigation through international channels is also regulated by international treaties. An example of the latter is the Convention regarding ensuring free navigation along the Suez Canal, the Treaties between the United States and Panama on the regime of navigation through the Panama Canal.
5. Territories with special international regime
To ensure international peace and security in different regions On the planet Earth, demilitarized and neutralized zones and zones of peace are created. In international law they receive the status of a territory with a special international regime.
A demilitarized zone is a part of the territory of a state where, in accordance with an international treaty, military installations are eliminated and the maintenance of armed forces is prohibited. Such zones are usually established to separate potentially hostile parties. Scope of demilitarization (prohibition of the deployment of armed forces and weapons, the creation of military bases, structures and installations, the placement and storage of weapons mass destruction or any other weapons, military maneuvers and exercises) is stipulated in international treaties, an example of which is the Agreement between the USSR and Finland on Åland Islands, Spitsbergen Treaty, Antarctic Treaty.
Neutralized zones are created to prohibit the use of any territory for military purposes, including the conduct of military operations in a certain territory and for its use as a base for their conduct. Neutralized zones are created on the basis of an international treaty. Neutralized are the islands of the Spitsbergen archipelago, Antarctica, the Moon and other celestial bodies, the Suez and Panama Canal zones.
Recently, nuclear-free zones have been identified as a type of demilitarized zones, on the territory of which the production, testing, placement, transportation and storage of nuclear weapons, the construction and placement of equipment and installations for their maintenance, the creation of military bases for the delivery and placement of nuclear weapons and their carriers are prohibited. . The creation of such databases is based on international treaties. Currently, nuclear-free zones are South part Pacific Ocean, Latin America. The Antarctic Treaty announced the creation of a nuclear-free zone there.
A zone of peace is a precisely defined geographical area, including the land and water territories of a coastal state and the space above them, as well as the sea and air space outside the territorial sea of the coastal states, characterized by a special legal regime that is established on the basis of an international treaty and guaranteed by the great powers. The establishment of such zones is aimed at ensuring the functioning of collective security systems.
A special legal regime is also inherent in such a territory as the Arctic. This northern region Lands that include the deep Arctic basin, shallow marginal seas with islands and adjacent parts of the mainland of Europe, Asia and North America. The Arctic states are the Russian Federation, Norway, Denmark, Canada, and the USA. Legal regime The Arctic is determined by the norms of international maritime law, as well as the national legislation of these states, but the degree of regulation by the national legislation of the Arctic states is different. The most complete regulation is carried out by the legislation of Russia and Canada.
Antarctica has a special legal regime, which is a territory that includes the southern polar continent of Antarctica, adjacent islands and ice shelves, as well as parts of the Atlantic, Indian and Pacific Oceans. The legal regime of Antarctica is determined by the Antarctic Treaty, to which 29 states are parties, including Russia. The treaty stipulates that all territorial claims in Antarctica are frozen and Antarctica is used only for peaceful purposes. Anything is prohibited in Antarctica nuclear explosions, the disposal of radioactive materials in the area, unless the use of nuclear energy in Antarctica will be subject to special international relations. Antarctica is a demilitarized and neutralized territory.
Separate agreements between the parties to the Antarctic Treaty regulate the use of marine living resources, mineral resources Antarctica.
The legal status of Antarctica presupposes freedom of scientific research and international cooperation in this area. Such participation is assumed for any state, including those not participating in the Antarctic Treaty.
The provisions of the Antarctic Treaty were supplemented by later treaties, in particular the Convention for the Regulation of the Development of Antarctic Mineral Resources. The provisions of this Convention develop the Antarctic Treaty principle of ensuring environmental safety region.
Golitsyn V.V. Antarctic; Tendency of development of the regime / V.V. Golitsyn. M., 1989.
Klimenko B.M. Peaceful resolution of territorial disputes / B.M. Klimenko. M., 1990
Shcherbakov A.S. State border of Russia and law / A.S. Shcherbakov // State and law. 1995. No. 9.
Section 12. International protection of human rights
1. International human rights standards
Human rights have natural nature and exist regardless of their enshrinement in the legislative acts of the state. Human rights are a matter of concern not only for the state, but also for the entire international community as a whole. The value of international human rights instruments is that they establish regulatory minimum which states should focus on when recognizing and ensuring the proclaimed rights.
Norms establishing human rights and freedoms act as universal standards , defining moral values each state.
International acts introduce a minimum level of human rights protection that must be ensured by the state through the implementation of domestic or international law. International acts do not prevent the creation of a more effective system for the protection of human rights.
International standards comply with the following Features:
Define list of rights and freedoms, belonging to the category of basic and binding international treaties on human rights for all state parties;
Form the main features content of each of these rights(each of these freedoms), which should be embodied in the relevant constitutional and other regulatory provisions;
Fix the conditions for the use of rights and freedoms associated with legal restrictions;
Establishes the obligations of states to recognize and ensure the proclaimed rights and conduct at the national level guarantees, determining their reality;
Determine the mechanism for protecting rights and freedoms (domestic and international).
Comparative analysis of the standards of human rights and freedoms enshrined in international treaties and national ones legal acts, shows that list of rights and freedoms in international documents does not differ from the list provided for by national legislation.
Russia demonstrates respect for international human rights obligations. Most legislative acts adopt international standards. Some national acts have been developed taking into account international treaties. For example, the Criminal Code of the Russian Federation “is based on the Constitution of the Russian Federation and generally recognized principles and norms of international law” (Article 1), Penal legislation takes into account international treaties of the Russian Federation related to the execution of punishments and the treatment of convicts, in accordance with economic and social capabilities ( Art. Art. 3, 10, 12, 97). The norms of both national and international law regulate the legal status of suspects and accused persons, detention (Article 6, 4 of the Federal Law “On the detention of suspects and accused of committing crimes”), which can be called Art. 46 of the Constitution, Code of Criminal Procedure of the Russian Federation and others. The only stumbling block is the obligation to abolish the death penalty. After the ratification of the European Convention, a moratorium on the use of the death penalty was introduced.
International acts reveal the content of human rights and freedoms. Sometimes international acts supplement the content of rights.
The Constitution of the Russian Federation guarantees everyone the right to receive qualified legal assistance and the right to use the assistance of a lawyer (defender) at all stages of criminal proceedings. Article 14 of the International Covenant on Civil and Political Rights makes a significant addition to the content of this standard: everyone, when considering the charge brought against him, has the right to trial with a defender of his own choosing and protect yourself through it.
The Constitutional Court of the Russian Federation stated that the refusal of the accused (suspect) to invite the lawyer of his choice was based on the latter’s lack of access to state secrets. Proposal to the accused (suspect) to choose a defense lawyer from certain circle lawyers who have such clearance, due to the spread of the provisions of Art. 21 of the Law of the Russian Federation “On State Secrets” in the sphere of criminal proceedings, unlawfully limit the constitutional right of a citizen to receive qualified legal assistance and the right to independently choose a defense lawyer. The basis for this decision was the joint application of Art. 48 of the Constitution and Art. 14 of the International Covenant on Civil and Political Rights.
Content same international standards of human rights and fundamental freedoms significantly different on the content and meaning that national legislation puts into the understanding of certain rights. So, the trial should be "within a reasonable time." This concept changes depending on whether we are talking about civil or criminal proceedings. In civil cases, the period is calculated from the moment the claim is filed in court, in criminal cases - when “the person is given official notification by the competent authorities that there is a suspicion of committing a criminal offense against him.” The length of a reasonable period depends on the nature of the proceedings and the number of authorities involved. The presence of administrative difficulties is not a sufficient reason for failure to comply with the reasonable time criterion.
The European Court of Human Rights has developed criteria for the reasonableness of the period of trial civil and criminal cases. When determining the duration of the trial, the following are taken into account: the complexity of the case, the behavior of the authorities in considering the case, the behavior of the applicant himself, as well as the presence of special circumstances that could justify an extension of the period. What matters is not the actual duration of the proceedings, but its proportionality and proportionality to the nature of the alleged offense. Thus, the following were recognized as not reasonable: 2d. 7 months in business M. v. United Kingdom on the award of property rights, 9 years in the case Bok vs West Germany about divorce, 17 years in the case Ekle vs. Germany accused of committing a criminal offense.
Plenum Supreme Court The Russian Federation emphasized that judges must take into account these criteria developed by the European Court when administering justice (clause 12 of the Resolution “On the application by courts of general jurisdiction of generally recognized principles and norms of international law and international treaties of the Russian Federation”).
The international rights protection system is constantly evolving. For example, the rights and freedoms enshrined in the European Convention are filled with new content and are concretized as a result of decisions of the European Court of Human Rights that have the force of precedent. The practice of recent years shows that the European Court has clarified its approaches to the content of some standards: “inhuman treatment or punishment”, “right to a fair trial”, “private and family life”, “moral damage”.
International legal acts regulate conditions, purposes of restricting rights and freedoms.
In paragraph 2 of Art. 29 of the Universal Declaration of Human Rights, the purposes of the limitation are recognized to ensure due recognition and respect for the rights and freedoms of other people; satisfaction of fair moral requirements, public order and general welfare in democratic society. The International Covenant on Economic, Social and Cultural Rights uses the term “limitations”. In accordance with Art. 4 of the International Covenant on Civil and Political Rights, states may “derogate from their obligations” if they are necessary to protect state security, public order, public health or morals, and the rights and freedoms of others.
The European Convention for the Protection of Human Rights and Fundamental Freedoms uses two terms at once: “restrictions” (Articles 8-11,18) and “derogation from one’s obligations” (Article 15); the purposes of the restrictions are significantly expanded. In accordance with the provisions of the European Convention, restrictions on rights are possible in the following cases if they:
- "prescribed by law". The Court assesses the accessibility, predictability and accuracy of the law to determine whether the State's actions satisfy the requirement of conformity with the law.
AND "necessary in a democratic society." Government intervention must be proportionate to the goals pursued (prevention of disorder and crime; interests of state security and public peace).
These standards are applied in the practice of national courts. However, courts do not always take into account both of these criteria. Thus, in the district court of Krasnoyarsk, an Indian citizen appealed the actions of officials of the Federal migration service in the Krasnoyarsk Territory. The Migration Service refused to extend the residence permit due to missing the six-month period established by law. The applicant should have been deported from the country. The district court ordered the migration service to issue a residence permit, arguing the decision of Art. 8 of the European Convention. According to the Federal Court of the Sovetsky District of Krasnoyarsk, the actions of the migration service limited the applicant’s right to personal and family life and were not necessary in a democratic society.
The value and significance of international acts lies not only in the enshrined rights and freedoms, but also in protection mechanism these rights. Constitution of the Russian Federation in Art. 46 enshrined the right of everyone to apply, in accordance with international treaties of Russia, to interstate bodies for the protection of human rights and freedoms, if all domestic remedies have been exhausted.
The specificity of international documents in the field of human rights is that they impose obligations on states not so much in relation to other member states, but rather in relation to individuals under their jurisdiction. It is on national government bodies that the main burden of protecting individual rights and freedoms falls. The task of international acts is to supplement them, to define minimum standards in this area, and also to ensure compensation for damage at the international level, if this is not possible at the domestic level.
2. Legal reinforcement of international standards
International human rights treaties in terms of subject matter legal regulation can be divided into several groups.
The first group consists of international treaties establishing general provisions cooperation states by definition of standards human rights and freedoms. Based on such treaties, states adopt their national legislation in this area. The first document that enshrined international legal guarantees of human rights was the Universal Declaration of Human Rights of 1948. In an expanded form, human rights were reflected in the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights (1966). ). Important role From the point of view of guarantees of the implementation of human rights and freedoms, regional treaties play a role. These include the European Convention for the Protection of Human Rights and Fundamental Freedoms, the CIS Convention on Human Rights and Fundamental Freedoms, the American Convention on Human Rights, and the African Charter of Human Rights and Fundamental Freedoms.
In the second group, agreements concerning cooperation states in the fight against massive violations of human rights. Treaties in this group include the Convention on the Prevention and Punishment of the Crime of Genocide and the Convention on the Elimination of All Forms of Racial Discrimination.
The third group includes agreements on protection of certain categories of individuals. An example of such treaties can be international treaties on the protection of the rights of women and children, as well as treaties regulating collective rights(national minorities).
A comprehensive system for protecting women's rights has been created at the international level. International treaties relating to women's rights regulate the protection of their rights in the political, economic, educational and family relations. Among the treaties in this group are the Convention on the Political Rights of Women, the Convention on the Elimination of All Forms of Discrimination against Women, the Convention on Consent to Marriage and the Minimum Age for Marriage and Registration of Marriages, and the Maternity Protection Convention.
States assume international obligations to ensure the rights of the most vulnerable category – children. Convention on the Rights of the Child, Convention on the Minimum Age for Admission of Children to Work at Sea, Convention on the Protection and Cooperation of Children in the Field of Intercountry Adoption, Convention on the Civil Aspects of International Child Abduction, etc.
The fourth group consists of protection agreements individual rights of individuals. An example is the international documents adopted within the ILO on labor issues. The ILO sets minimum standards on freedom of association, ILO Convention No. 87 Freedom of Association and Protection of the Right to Organize, ILO Convention No. 98 The Right to Organize and Collective Bargaining, ILO Convention No. 135 Workers' Representatives. forced labor, social security. Convention No. 117 On the Fundamental Objectives and Norms of Social Policy, Convention No. 130 O medical care and sickness benefits, Convention No. 17 concerning Workers' Compensation for Accidents at Work Cooperation between states in the field labor activity and social protection is regulated at the regional level. CIS Agreements - On cooperation in the field of labor protection 1994, On the procedure for investigating industrial accidents that occurred with workers while they were outside their state of residence 1994, On cooperation in the field of labor migration and social protection of migrant workers 1994.
Despite the existing differences, universal and European standards of human rights and freedoms have common value characteristics. Moreover, regional cooperation does not exclude, but complements universal cooperation, and in some respects more effectively ensures fundamental human rights and freedoms.
3. International mechanisms protection of human rights
Regional collective security systems are part of a universal collective security system. The purpose of regional systems is to maintain international peace and security. Those that function most effectively regional organizations, in which most states in the region participate. The UN Charter enshrines the possibility of creating regional security organizations “to resolve such peacekeeping issues as are appropriate for regional action” (Article 52). Previously, the doctrine of international law was dominated by an unambiguous point of view regarding regional security organizations.
- 1. Members of such organizations are only states of one political and geographical region.
- 2. The activities of regional security organizations cannot extend beyond the boundaries of a given region.
- 3. No enforcement action should be taken without authority from the UNSC.
- 4. The UN Security Council must always be informed of actions taken or proposed (Article 54 of the PLO Charter).
The scope of action of regional organizations was considered strictly limited:
- – regional organizations are not competent to make decisions on issues affecting the interests of all states of the world or states belonging to other or several regions;
- – participants in a regional agreement have the right to resolve only such issues that relate to regional actions and affect the interests of states only in a given region.
The main task of regional security systems is to ensure the peaceful resolution of disputes and the peaceful prevention of war.
The UNSC can use regional organizations to carry out enforcement actions under its leadership. Regional organizations cannot take coercive measures without the permission of the UN Security Council. An exception is coercive measures using armed forces to repel an attack that has already been committed on one of the participants in the regional security system (the right to collective self-defense - Article 51).
This position does not reflect the established practice of regional security organizations. The UN Charter does not contain a precise definition of regional organizations. Using the concept of inherent competence, the concept of “issues that are appropriate for regional action” now has a broader interpretation, as does the list of activities that regional organizations are competent to carry out. A stable system of flexible relationships between regional organizations and the UN has already emerged, allowing us to talk about a “division of labor” in the sphere of maintaining peace.
IN Soviet literature until the early 1990s. (and still in the works of some domestic scientists), an absolutely imperative condition for the creation of regional security systems was considered to be the obligatory belonging of members of the organization to only one geographical region. This concept was used to prove the illegality of the creation of NATO and its inconsistency with the requirements of Chapter. VIII of the UN Charter (NATO members such as Turkey, Greece, Italy, the Czech Republic, Hungary do not belong to the North Atlantic region). Such a concept does not (and has never reflected) the actual legal reality.
Chapter VIII of the Charter does not directly contain a requirement for states of only one geographic region to participate in regional security organizations. This requirement was derived through a broad interpretation of the norms of Chapter. VIII, which is prohibited by the Vienna Convention on the Law of Treaties of 1969. The activities of the CSCE/OSCE (the legality of whose creation has never been disputed by any of the domestic lawyers) and the activities of the CSTO show that security organizations with a subregional structure are as legitimate as organizations with a completely regional structure. The main thing is the very nature of the organization’s activities, its focus on maintaining peace, its readiness to resist acts of aggression and its commitment to the basic principles of international law.
The main regional security systems operate within the framework of regional organizations of general competence.
OAS– legal basis regional security systems on the American continent are contained in the OAS Charter of 1948, the Inter-American Treaty for the Peaceful Settlement of International Disputes of 1948, and the Bogota Declaration of 1948 (changes to all these documents were made in the 60s–80s of the 20th century. ). Goals American system collective security: achieving peace and security on the continent, strengthening solidarity and cooperation, protecting territorial integrity, organizing joint action in the event of aggression, peaceful resolution of disputes. In accordance with Art. 25 of the Charter, any aggression against one of the American states is considered an aggression against all the others.
The OAS Charter provides an expanded list of cases when states have the right to use measures of legitimate collective self-defense: “If the inviolability or integrity or sovereignty or political independence of any American state is violated by an armed attack or an act of aggression not constituting an armed attack, or an intracontinental conflict between American States, or as a result of a situation which may endanger the peace of America."
Unlike other regional collective security systems, the OAS Charter does not provide for the obligation to notify the UN Security Council of military measures taken.
AC– the African collective security system is established in accordance with the AU Charter, which establishes the duties of states for mutual assistance and common defense, the duty to provide each other effective assistance in the event of an armed attack on any African state, prevent any acts of aggression against any member state of the AU.
In 1981, the Inter-African Peacekeeping Force was created to monitor the implementation of the agreement between the warring factions in Chad.
PAH– the system of Middle Eastern collective security is enshrined in the Arab League Pact, which contains provisions similar to the AU Charter and the OAS Charter. In 1971, the Inter-Arab Armed Forces for Disengagement in Lebanon (Green Helmets) were created. The purpose of its creation is to prevent armed clashes between different religious groups.
SCO(Shanghai organization cooperation) – regional Eurasian security organization; has been operating since 2001 on the basis of the Declaration on the Establishment of the SCO. The Organization's statutory documents - the Charter and the Agreement on a Regional Anti-Terrorism Structure (RATS) - were adopted in 2002. Member States: China, Kazakhstan, Russia, Kyrgyzstan, Uzbekistan and Tajikistan; observer states: Pakistan, Iran, India and Mongolia.
Main areas of activity: maintaining peace, strengthening security and trust; countering terrorism, separatism and extremism, drug and weapons trafficking, transnational criminal activities and illegal migration. The SCO is open to all states in the region to join.
Some of the most important goals EU, enshrined in the Maastricht Treaty of 1992, are the formation of a unified foreign and defense policy; the acquisition of a “European defense identity” and the creation of a common EU armed force. The main EU member states are simultaneously members of two subregional security organizations - the OSCE and NATO.
The purpose of creating a European security organization is to provide the EU with its own military and political capabilities to conduct humanitarian and rescue missions, peacekeeping operations and “crisis management,” including the use of force. The foundations of the Common European Security and Defense Policy were developed at the informal summit of defense ministers (2000). It was decided to prepare the Political and Security Committee, the Military Committee and the Military Staff. The main objectives of the Pan-European Policy are proclaimed to be the conduct of operations to prevent or resolve conflicts on the European continent; humanitarian actions, evacuation of citizens; mission to restore peace.
The formation of the Pan-European Security and Defense Policy was completed at the official conference of defense ministers in Nice (2000). Permanent EU defense structures were created, guidelines were adopted to ensure military potential, relations with NATO and other states. EU permanent defense structures:
- 1. The Political and Security Affairs Committee is composed of diplomatic representatives of member states. Exercises political control and strategic management of the PKO.
- 2. The Military Affairs Committee consists of representatives of the military of all member states. Gives military recommendations.
- 3. The military headquarters is engaged in analyzing the situation, planning before making a decision.
The Pizza Conference was the first step towards creating a common EU military capability. The obligations of the member states provide for the creation of a reserve of 100 thousand military personnel, 400 combat aircraft and 100 warships. According to EU experts, such a reserve allows the deployment of a combat corps of 50-60 thousand troops within 60 days, including the likelihood of the need to resolve two crisis situations simultaneously. We are not talking about creating a “European army”, but about the formation of multinational structures such as the Eurocorps or the use of national military contingents.
At the summit in Gothenburg (2001), EU members agreed on methods of cooperation between the system European security with NATO. It was especially emphasized that the new security system is not a competitor or alternative to NATO. A Joint Statement between the US and the EU was adopted, which noted that the Common European Policy would strengthen both the EU and NATO. Provisions on close coordination with NATO, maintaining the leading role of the alliance, and the inclusion of non-EU NATO states in the European security system are enshrined in EU documents on the creation of a Pan-European Security and Defense Policy.
The formation of the Common European Security and Defense Policy received a new impetus as a result of the events of September 11, 2001. The Final Document of the Extraordinary Meeting of the EU (Brussels, 2001) emphasized that the increase in the effectiveness of the EU is directly related to the pace of development European system collective security.
Russia takes part in peacekeeping operations conducted under the auspices of the EU, in particular, in Brussels on November 5, 2008, an Agreement was concluded between Russia and the EU on Russian participation in the EU military operation in the Republic of Chad and the Central African Republic (EUFOR Chad/CAR).
WES created in 1948 on the basis of the Treaty on Economic, Social and Cultural Cooperation and Collective Self-Defense. The agreement provides automatic application the principle of collective defense in the event of an attack on one of the participating countries. The WEU is a closed regional security organization. Initial members are Belgium, Great Britain, Luxembourg, the Netherlands, France. In 1954, Italy, Iceland, Norway, Portugal and Germany joined. From the outset, two alternative strategies emerged: Britain advocated closer cooperation with the United States within NATO, and France championed the idea of a more independent European defense.
Until the early 1990s. The WEU practically did not pursue an independent policy, acting as an appendage of NATO, but it was an important mediator in relations between NATO, Great Britain and the EEC. The Rome Declaration of 1984 declared the WEU to be the “European pillar” of the security system within NATO. In the 90s The WEU military contingent was used by the UN Security Council to conduct peacekeeping operations. 1997 – UN Security Council sanctions against former Yugoslavia(arms embargo) – WEU provided assistance in monitoring their implementation, carried out peacekeeping mission UN in Bosnia, Herzegovina and Croatia.
With the signing of the EU Treaty of Amsterdam in 1997 and the start of the Common Foreign and Security Policy, the functions of the WEU gradually transferred to the EU. The decision to transfer to the EU the majority of powers and operational capabilities of the WEU was enshrined in the EU Marseille Declaration in November 2001. The process of integration of the WEU into the EU was effectively completed by 2002. Formally, the WEU Treaty expired in 2004, but the WEU was not dissolved. The main function remaining with the WEU is collective security; its transfer to the EU has been postponed for now. In March 2010, it was announced that the WEU would cease to operate in 2011.
CSTO(Collective Security Treaty Organization) is a military-political union created by the CIS states on the basis of the Collective Security Treaty (CST), signed on May 15, 1992. The Treaty is renewed automatically every five years. Participants: Armenia, Kazakhstan, Kyrgyzstan, Russia, Tajikistan, Uzbekistan. In 1993, Azerbaijan, Georgia, and Belarus joined. In 1999, Azerbaijan, Georgia and Uzbekistan (restored their membership in 2006) withdrew from the CST.
In 2002, it was decided to transform the CST into a full-fledged international organization; the Charter and Agreement on legal status CSTO. In 2004, the GA adopted a resolution granting the CSTO observer status at the UN. In 2009, a representative of the CSTO Secretariat stated that Iran could in the future receive the status of an observer country in the CSTO.
In 2009, leaders CSTO countries approved the creation of the Collective Rapid Reaction Forces (CRRF) and signed the Agreement on the CSTO Collective Rapid Reaction Forces (June 14, 2009). Collective forces must be used to repel military aggression, conducting special operations to combat international terrorism and extremism, transnational organized crime, drug trafficking, to eliminate the consequences emergency situations. However, documents on the CRRF were not signed by Uzbekistan and Belarus, and such documents can only be adopted on the basis of consensus (Rule 14 of the CSTO Rules of Procedure 2004). Thus, at present there is no need to talk about the legitimate creation of the CRRF.
(International law)COLLECTIVE SECURITY SYSTEMS
The common interest of states in preserving international law and order contributed to the emergence of two systems of collective security: a universal system operating within the framework of the United Nations, and a regional one within the framework of regional military-political organizations. Universal...(International law)
Collective security within the SCO.
The member states of the Asia-Pacific region, in accordance with the Declaration on the Establishment of the Shanghai Cooperation Organization of 2001, as well as the SCO Charter of 2002, created a regional collective security system that meets the goals and principles of the UN. Shanghai Cooperation Organization as...(International law)
Collective security within NATO.
Western countries signed the North Atlantic Treaty (NATO) in 1949. The reciprocal step of the socialist countries was the signing of the Warsaw Pact in 1955. The texts of both treaties contained specific obligations of the parties to maintain peace and security: to refrain from the threat or use of force...(International law)
Regional collective security systems– represented by organizations on individual continents and regions. The UN permits the activities of such organizations “provided that their activities are compatible with the purposes and principles of the UN.” For such activities to be of any use, the participation of all states in the region is needed, regardless of their system. The goals of the regional system are the same, there are only some restrictions - the organization’s activities should affect the interests of only regional states and resolve issues in the territory of its region.
Their competence may include settling disputes among themselves (clause 2 of Article 52 of the UN Charter).
Some documents from this area can be named: 1949 - North Atlantic Treaty (NATO), Warsaw Pact - 1955; CSCE - Final Act (1975)
If we talk about some continents separately, we should note the regional organizations:
ü on the European continent - NATO since 1949, OSCE - since 1955, From 1955 to 1991 - Warsaw Pact Organization
ü on the Eurasian continent - CIS - since 1992 (CIS Charter 1993, Collective Security Treaty 1992, etc.)
Organization of American States (OAS) was created by the Inter-American Treaty of Mutual Assistance of 1947, the OAS Charter of 1948 and the Inter-American Treaty for the Peaceful Settlement of International Disputes of 1948. In the 60-80s, significant changes were made to the 1947 Treaty and the OAS Charter.
Any American state that has ratified its Charter can be a member of the OAS. Currently, all American states participate in the OAS, with the exception of Canada and Cuba.
The goals of the OAS are to achieve peace and security on the American continent, strengthen solidarity and cooperation, protect territorial integrity, organize joint action in the event of aggression, and peacefully resolve disputes.
In accordance with Art. 25 of the OAS Charter, any aggression against one of the American states is considered as aggression against all the others.
North Atlantic Treaty Organization (NATO)
The North Atlantic Treaty was signed in 1949. The original members of NATO were the USA, Great Britain, France, Italy, etc., a total of 12 states. Currently, the number of NATO members is 16. The question of whether NATO is a regional international organization is quite controversial: after all, it includes states of three continents.
According to the provisions of the North Atlantic Treaty (Articles 5 and 7), an armed attack against one or more participating States will be considered an attack against all of them; if such an attack occurs, each participant will assist the party attacked by all means, including the use of armed force . An attack includes an armed attack both on the territory of Member States and on their ships and aircraft in a specific area.
Any such attack and all measures taken shall be immediately reported to the UN Security Council. Measures cease when the Security Council takes action to restore and maintain international peace and security.
In accordance with the Treaty, the NATO Council (the highest political and military body) was created, in which all NATO members are represented at the level of heads of state, government and foreign ministers.
Any European state that is able to implement the principles of this Treaty, with the consent of the other participants, can join NATO in accordance with the provisions of the Treaty.
OSCE
The 1994 Budapest Document, which transformed the Conference into an Organization in the OSCE, states the purpose of this transformation, which “was to increase the contribution of the CSCE to the security, stability and co-operation of the CSCE region so that it plays a central role in the development of a common security space based on the principles of Helsinki "Final Act".
The security concept developed by the OSCE is based on placing greater emphasis on preventive diplomacy, expanding the content of the principles and developing the ability to resolve conflicts and crisis situations, as well as peacekeeping and post-conflict reconstruction; strengthening security and stability through arms control, disarmament, and developing confidence-building measures.
The OSCE Security Concept received further development in the Code of Conduct on Political-Military Aspects of Security adopted in 1994. The Code has developed the following provisions:
· security is indivisible, i.e. the security of each state is inextricably linked with the security of the others. Participants pledged not to enhance their own security at the expense of the security of others.
· the participants undertook to immediately consult with a state that needs assistance in exercising their right to individual or collective security.
· the principle has been approved that the armed forces of a participating country must be maintained at the level necessary to ensure individual or collective security.
· commitments in the field of control, disarmament and strengthening confidence and security measures were confirmed.
· a commitment has been made by countries not to support or tolerate forces outside the control of the constitutional authority of a particular country.
The collective security of the CIS is based on the norms of the UN Charter and the Collective Security Treaty of May 15, 1992. This treaty is of a purely defensive nature and is open to states interested in it and supporting it.
The Council of Heads of State of the CIS is obliged, in accordance with the Agreement of March 20, 1992, to immediately inform the OSCE of the decision to conduct peacekeeping activities.
Disarmament.
Ban treaties nuclear tests. On August 5, 1963, representatives of the USSR, USA and Great Britain signed an agreement banning nuclear weapons tests in the atmosphere, in outer space and underwater. This agreement was universal in nature.
In June 1996, the Comprehensive Nuclear Test Ban Treaty was signed. The treaty provides for international control and on-site inspections, as well as confidence-building measures.
The Treaty on the Non-Proliferation of Nuclear Weapons was signed on July 1, 1968. This treaty defines the positions of states that have nuclear weapons and those that do not. There is also talk about ending the arms race.
Treaties on the demilitarization of certain territorial spaces. (Prohibition of weapons in certain areas). These include: the Antarctic Treaty of 1956, the Outer Space Treaty of 1967, etc.
Restriction agreements strategic weapons. The most important Soviet-American bilateral treaties here are: Treaty on the Limitation of Anti-Ballistic Missile Systems of May 26, 1972 and its additional protocol of July 3, 1974, SALT-1, SALT-2, Intermediate-Range Nuclear Forces Treaty of December 8 1987, Treaty between the Russian Federation and the United States on the Further Reduction and Limitation of Strategic Offensive Arms of January 3, 1993, etc.
Convention on the Prohibition of Bacteriological and Toxin Weapons. The Geneva Protocol of 1925 prohibits the use of asphyxiating, poisonous or other similar gases and bacteriological agents in war. On April 10, 1972, the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological and Toxin Weapons and on Their Destruction was opened for signature. The Convention has a universal character and is of unlimited duration.
The Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction opened for signature in January 1993. Each participant undertakes never, under any circumstances, to develop, produce, acquire, stockpile or retain chemical weapon and not transfer it directly or indirectly to anyone. All states are obliged to destroy the weapons they already possess.
Strategic Arms Limitation (SALT) is one of the main directions of ensuring international security. The main role in this process initially belonged to the two superpowers of the second half of the 20th century - the USA and the USSR.
In 1972, the SALT I agreements were concluded between the two countries. These agreements included the Anti-Ballistic Missile (ABM) Treaty and the Interim Agreement on Certain Measures to Limit Strategic Offensive Arms.
The ABM Treaty limited the number of deployment areas anti-missile systems up to two in each country. In 1974, the parties signed a Protocol limiting the number of missile defense areas to one.
The 1972 Interim Agreement introduced restrictions on the number launchers strategic ground and underwater ballistic missiles. The validity of the Agreement was limited to 5 years, but upon its expiration the parties declared that they would comply with its provisions in the future.
In 1979, the Strategic Arms Limitation Treaty (SALT II) was signed. The parties periodically declared their refusal to ratify this document. As a result, only in 1996 the Treaty was ratified by the US Senate, and in 2000 by the State Duma of the Russian Federation. The agreement provides for a limitation by each party on the number of its strategic missiles number of 2400 units, as well as limiting the number of launchers and heavy bombers.
Another important agreement on the path to arms limitation was the Treaty on the Elimination of Intermediate-Range and Shorter-Range Missiles, signed in 1987 between the USSR and the USA. The treaty provided for the elimination of an entire class of nuclear weapons, which is a unique fact in ensuring international security.
Regarding conventional weapons, the Treaty on Conventional Armed Forces in Europe was signed in Paris in 1990. They provide for a significant reduction in ground and air forces. A number of resolutions are devoted to fairly active inspection.
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