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Lecture notes, cheat sheets
International law. Cheat sheet: briefly, the most important
Directory / Lecture notes, cheat sheets Table of contents
1. The concept of international law, its features International law is a system of principles and norms that regulate the relations of power order between states and other subjects of international communication. From this definition it follows that the most essential features of international law are special relations, which, in turn, are regulated by a system of principles and legal norms, and a special circle of subjects that participate in international communication. The relations regulated by the norms of international law include relations between states, between states and international intergovernmental organizations, between states and state-like entities, between international intergovernmental organizations. These relations are the subject of international law. The norms of international law are generally binding rules for the activities and relationships of subjects of international law or other subjects. The norms of international law have the same features as domestic norms. The norm establishes a generally binding rule of conduct for all subjects of relations, and its application is repeated. International legal norms are classified: 1) in form (documented and not documented); 2) according to the subject-territorial sphere (universal and local); 3) by functional purpose (regulatory and protective); 4) by the nature of subjective rights and obligations (binding, prohibiting, authorizing). The range of subjects of international law consists of: the state, international intergovernmental organizations, nations and peoples fighting for their independence, and state-like formations. Based on this definition of international law, certain features of it can be distinguished. International law differs from domestic law on the following grounds: 1) on the subject of legal regulation. International law governs public relations and does not affect private relations; 2) in terms of subjects. In international law, a special circle of subjects has developed; the question of classifying individuals as subjects of international law is debatable; 3) according to the method of norm formation. In international law, there is a special conciliatory procedure for the formation of norms. The subjects of international law are direct participants in the process of norm-formation; 4) according to the method of protecting the norms. There is no apparatus of supranational coercion in international law. Subjects fulfill their international obligations on the basis of the principle of voluntary compliance with the norms of international law. 2. The system of international law The system of international law is a set of interrelated principles and norms governing international legal relations. The system of international law includes, on the one hand, general legal principles and legal norms, and, on the other hand, branches as homogeneous complexes of norms and intra-industry institutions. Thus, the system of international law can be divided into the following categories: 1) generally recognized principles of international law, which form its core and are of fundamental importance for the international legal mechanism for regulating relations; 2) norms of international law, which are generally binding rules of relations between states or other subjects of international law; 3) institutions common to international law, which are complexes of norms of a certain functional purpose. Institute of International Law on international legal personality, on international law-making, on international responsibility, on the succession of states; 4) branches of international law, which are the largest structural divisions of the system of international law and regulate the most extensive areas of public relations. Branches of international law can be classified on various grounds. Branches in international law can be distinguished both on the grounds accepted in domestic law, and on specific grounds of an international legal nature. The generally recognized branches of international law include the law of international treaties, the law of external relations, the law of international organizations, the law of international security, international maritime law, international space law, international environmental law, and international humanitarian law. The branch of international law may include sub-sectors, if the branch regulates a wide range of relations, institutions of this branch, which are mini-complexes for the regulation of any individual issues. The sub-sectors in the law of international relations are consular and diplomatic law, the institutions of this branch of law are the institutions for the formation of representative offices, the functions of representative offices, the immunities and privileges of diplomatic missions, in the law of armed conflicts - groups of norms regulating the regimes of military occupation, military captivity. It follows from the foregoing that the system of international law is a set of interrelated elements, generally recognized principles, legal norms, as well as institutions of international law. A different combination of these elements forms branches of international law. 3. Correlation of international law with domestic law and private international law International law and domestic law do not exist in isolation from each other. Rule-making activities in international law are influenced by national legal systems. International law, in turn, influences domestic law. In some countries, international law is an integral part of national legislation. So, according to part 4 of Art. 15 of the Constitution of the Russian Federation "generally recognized principles and norms of international law and international treaties of the Russian Federation are an integral part of its legal system." The laws of many states establish that in the event of discrepancies between the provisions of the law and international obligations, international obligations shall prevail. In the theory of international law, there are dualistic and monistic concepts regarding the question of the relationship between international law and domestic law. The dualistic concept considers international law and domestic law as independent complexes that do not have common points of contact. The monistic theory assumes that international law and domestic law are integral parts of a single legal order. Within the framework of monistic theory, there is the concept of the primacy of international law over domestic law and the concept of the primacy of domestic law over international law. International public law and international private law, although they have different subjects of regulation, they still have common points of contact. International private law establishes generally binding rules of conduct and relationships for participants in international relations of a non-state nature. However, these rules are contained not only in domestic law, under whose jurisdiction is an individual or legal entity, but also in international treaties, international customs. International private law as a set of legal norms regulates international relations of a civil law nature. However, in the process of regulating these legal relations, the norms of international law should not be violated. International agreements regulating civil law relations, in many cases, are in the development of interstate treaties. To date, the relationship between international law and private international law is characterized by convergence and interpenetration. Modern international law is characterized by the expansion of its scope. 4. The concept and types of subjects of international law. Legal personality The subject of international law is a participant in legal relations regulated by international legal norms, which has the necessary rights and obligations for this. The subjects of international law, as a rule, include: the state, international intergovernmental organizations, and nations and peoples fighting for independence, state-like formations. Traditionally, there are two main categories of subjects of international law: primary and derivative. The primary subjects of international law are states and nations and peoples fighting for independence. They are such by virtue of the fact of their existence. A derivative subject of international law is a subject of international law, which is formed by the primary subject of international law, the basis of its legal personality is the constituent agreement. International legal personality is a set of rights and obligations of subjects of international law, provided for by the norms of international law. International legal personality of states. The state as the main subject of international law has three main features, such as territory, population, sovereignty. Allocate international and domestic aspects of sovereignty. The international aspect means that at the international level all actions of state bodies and officials are considered as actions of the state as a whole. Basic rights of the state: the right to sovereign equality, the right to self-determination, the right to participate in international organizations, the right to create norms of international law. The main duties of the state: respect for the sovereignty of other states. The international legal personality of nations and peoples fighting for independence is of an objective nature. Nations and peoples fighting for independence have the right to be protected by international law, have the right to apply coercive measures against subjects that prevent people from gaining independence, have the right to participate in international organizations, and conclude international agreements. International legal personality of international intergovernmental organizations. The founding document of an international intergovernmental organization, as a rule, is a charter that establishes a certain organizational structure, defines goals, objectives, and competence. The general international legal status of an international intergovernmental organization is the right to participate in the creation of international law, the right of the organization's bodies to exercise certain powers. 5. Recognition of states and governments Recognition in international law is a unilateral legal act of a state or other subject of international law, through which the existence of a certain legally significant fact or situation in international society is ascertained and its legitimacy is recognized. The act opposite to recognition is called protest. He expresses disagreement with the legitimacy of a particular action. Recognition or protest in relation to such events as the emergence of a national liberation movement, the movement and resistance of aggressors, recognition of the status of a belligerent and the status of an insurgent side in an intrastate conflict acquire significant legal significance. Recognition of states takes place in the event of the emergence of a new independent state as a result of a revolution, war, unification or separation of states, etc. The main criteria for recognition are the independence of the new state and independence in the exercise of state power. In the theory of international law, there are two main concepts about the recognition of the institution of recognition of states: 1) constitutive, assuming that recognition has a law-forming value; 2) declarative, assuming that recognition only confirms the fact of the emergence of a new subject. There are three main forms of state recognition: 1) de jure - full final recognition, entailing the establishment of diplomatic relations and expressed in the form of an official statement or in the performance of any conclusive action; 2) de facto - incomplete preliminary recognition; 3) ad hoc - as a specific type of recognition. International law does not establish obligations for recognition. Recognition is always an act of goodwill on the part of the recognizing state. International law knows cases of refusal of recognition. In some cases, recognition is generally unacceptable. The recognition of governments occurs simultaneously with the recognition of a new state. The question of the independence of the recognition of governments arises in the event of a change of power in the state in an unconstitutional way. The main criteria are the effectiveness of governments, i.e. the actual actual possession of state power in the relevant territory and its independent exercise, as well as respect for human rights and freedoms, readiness to resolve disputes by peaceful means and fulfill international obligations. A special kind of recognition of governments is the recognition of governments in exile. Recognition by governments cannot be construed as endorsement by governments. National liberation movements are also recognized in the person of their bodies, as well as recognition of the rebel side. 6. Succession of States The succession of states is the transfer of certain rights and obligations from one state subject to international law to another. Succession is a complex international legal institution, the rules of this institution were codified in the Vienna Convention of 1978 on the succession of States in respect of treaties and in the Vienna Convention of 1983 on the succession of States in respect of state property, public archives and public debts. There are two main theories about state succession. According to the universal theory of state succession, the successor state fully inherits the rights and obligations that belonged to the predecessor state. Representatives of this theory (Puffendorf, Vattel, Bluntschli) believed that all international rights and obligations of the predecessor state are transferred to the successor state, since the identity of the state remains unchanged. Negative Succession Theory. Its representative, A. Cates, believed that when power changes in one state to another, the international treaties of the predecessor state are discarded. A variation of this theory is the concept of tabula rasa, which means that the new state begins its contractual relations anew. Thus, in the succession of states, succession is distinguished in respect of international treaties, state property, state archives and in relation to public debts. Succession in respect of international treaties implies that a newly independent state is not bound to maintain in force any treaty or become a party to it solely by virtue of the fact that, at the time of succession, the treaty was in force in respect of the territory that was the object of the succession (Article 16 of the Vienna Convention). conventions of 1978). Succession in relation to state property implies that the transfer of state property from the predecessor state to the successor state occurs without compensation, unless otherwise provided by agreement between the parties. The succession in relation to state archives implies that the state archives pass to the new independent state from the predecessor state in full. Succession in respect of public debts depends on which state is the successor state: part of the predecessor state, two united states or a newly independent state. The debt of the predecessor state passes to the successor state, the amount of debt depends on the type of successor state. 7. Sources of international law Sources of international law are the forms of existence of international legal norms. All the characteristics that apply to sources in legal theory apply to sources of international law. In international law, there are two main types of sources: international treaty and international custom. However, along with these main sources of international law, there are acts of international organizations, acts of international conferences and meetings. Such acts will be sources of international law only if they establish binding rules of conduct for the international organizations themselves or other subjects of international law. These acts must meet the requirements of normative education. Along with the above sources of international law, there is the concept of "soft law", which includes acts of a recommendatory nature or program guidelines of international bodies and organizations, primarily this applies to acts (resolutions) of the UN General Assembly. Article 38 of the Statute of the International Court of Justice contains a list of sources of international law on the basis of which the Court must resolve disputes. These include: 1) international conventions, both general and special, establishing rules expressly recognized by the disputing states; 2) international custom as evidence of a general practice recognized as a legal norm; 3) general principles of law recognized by civilized nations; 4) Judicial decisions and doctrines of the most qualified specialists in public law of various nations as an aid to the determination of legal norms. An international treaty is an agreement between states or other subjects of international law, concluded in writing, containing the mutual rights and obligations of the parties, regardless of whether they are contained in one or more documents, and also regardless of its specific name. International custom is evidence of a general practice recognized as a legal norm (Article 38 of the Statute of the International Court of Justice). International custom becomes a source of law as a result of long-term repetition, that is, sustainable practice is the traditional basis for recognizing custom as a source of law. Perhaps the formation of a custom in a short period of time. The acts of international conferences include an agreement as a result of the activities of a conference created specifically for the development of an international agreement of states, which was ratified and put into effect. Acts of international organizations include acts of the UN General Assembly. 8. The system of basic principles of international law A number of principles stand out in international law. 1. The principle of sovereign equality of states. It is the starting point of international law, combines two important properties: sovereignty and equality with other states. This principle assumes that states are legally equal, enjoy the rights inherent in full sovereignty, are obliged to respect the legal personality of other states; the territorial integrity and political independence of states are inviolable, each state has the right to freely choose its political, economic and social systems, each state is obliged to fully and voluntarily fulfill its international obligations. 2. The principle of non-use of force or threat of use of force. Every state is obliged to refrain in its international relations from the threat or use of force against the territorial integrity and political independence of other states. 3. The principle of non-interference in the internal affairs of other states. No state or group of states has the right to interfere directly or indirectly in the internal or external affairs of other states. No state has the right to promote or encourage such measures that are aimed at subordinating one state to another state. 4. The principle of peaceful resolution of international disputes. According to this principle, states are obliged to resolve disputes arising between them exclusively by peaceful means, so as not to endanger peace and international security. 5. The principle of conscientious fulfillment of international obligations. 6. The principle of international cooperation of states. States are obliged, regardless of differences in their political and economic systems, to cooperate with each other in order to maintain international peace and security, to promote economic progress in the world. 7. The principle of equality and self-determination of peoples. All peoples have the right to freely determine their political status, to carry out their economic and cultural development, to freely decide on the creation of their own state. 8. The principle of territorial integrity of states. States must renounce the forcible dismemberment of the territory of other states, the separation of any of its parts, as well as the right of each state to freely dispose of its territory. 9. The principle of inviolability of state borders. States must renounce any territorial claims and accept the existing territorial distribution in the world. 10. The principle of respect for human rights and freedoms. 9. The concept of the law of international treaties and international treaties The law of international treaties is a branch of international law and a set of legal norms that regulate legal relations between subjects of international law and regulate the procedure for concluding, executing and terminating international treaties. The law of international treaties is a fundamental branch of international law, without which the development of international law would be impossible, since the relations of these states in various spheres of public life are regulated by the conclusion of international treaties between states. The subjects of the law of international treaties are the subjects of international law. The main sources of the law of international treaties are the Vienna Convention on the Law of Treaties of May 23, 1969; Vienna Convention on the Law of Treaties between States and International Organizations or between International Organizations of March 21, 1986 The emergence of international intergovernmental organizations on the world stage and their growing role in international law led to the conclusion of agreements between these organizations and between international intergovernmental organizations and states. In this regard, a large number of international treaties have appeared. The central element of the law of international treaties is the international treaty. According to Art. 2 of the Vienna Convention on the Law of Treaties of May 23, 1969, an international treaty is an agreement regulated by international law concluded by states and other subjects of international law in writing, regardless of whether such an agreement is contained in one, two or more interconnected documents, as well as regardless of its specific name. International treaties are classified according to the circle of participants into bilateral and multilateral. Bilateral treaties involve two states, while multilateral treaties involve all states or a limited number of states. This type of international treaties is universal. International treaties may be open or closed. In open international treaties, any states can be parties, regardless of the consent of other states, parties to these treaties. In closed international treaties, only those who have received consent from other participants can be participants. The structure of an international treaty includes such components as the title of the treaty, the preamble, the main and final parts, and the signatures of the parties. 10. Parties to international treaties Parties to international treaties are subjects of international law that have contractual legal capacity. Each state has the legal capacity to conclude treaties (Article 6 of the Vienna Convention on the Law of Treaties of 1986). In turn, the legal capacity of an international organization to conclude treaties is governed by the rules of this organization (Article 6 of the 1986 Vienna Convention). The rules are understood, in particular, "the founding acts of the organization, the decisions and resolutions adopted in accordance with them, as well as the established practice of this organization" (clause 1, article 1 of the Vienna Convention of 1986). Article 1 of the 1969 and 1986 Vienna Conventions. terms such as "negotiating State", "negotiating organization", "contracting State", "contracting organization", "participant", "third State" and "third organization" are used. A negotiating state is a state that took part in the drafting and adoption of the text of an international treaty. A contracting state is a state that has agreed to be bound by a treaty, whether or not the treaty has entered into force. States that are not parties to an international treaty are commonly referred to as third states. States, by virtue of their sovereignty, have full legal capacity, on the basis of which the states themselves decide whether to be parties to a certain international treaty or not. When deciding on the participation of a certain state in a specific international treaty, the interest of the state in relation to the object and purpose of the treaty is made dependent. The object of an international treaty is the relationship of subjects of international law regarding material and non-material benefits. The purpose of an international treaty is what the subjects of international law seek to accomplish or achieve by concluding a treaty. Along with states, international intergovernmental organizations also have contractual legal capacity. However, the contractual capacity of international intergovernmental organizations is limited. Thus, international intergovernmental organizations can conclude international treaties with international organizations and states only to the extent that they are limited by the constituent documents. Nations and peoples fighting for independence can also be parties to international treaties. More often than not, nations and peoples fighting for independence conclude international treaties on the formation of independent states. 11. Stages of conclusion of international treaties When concluding international treaties, the following stages of its conclusion are distinguished. The first stage: agreeing on the will of the states regarding the text of the document, holding negotiations with the states. In the process of negotiations, the states, through their authorized persons, bring to the attention of each other their positions regarding the content of the document. Based on the study of all the positions of the states, it is proposed to agree on a draft document. Through mutual concessions of states regarding the text of the document, the draft document is subject to change until all participants agree with it. In order for the text of the treaty to be finally agreed upon, a procedure for adopting the text of the treaty is envisaged. It can be expressed by voting, initialing, signing ad referendum. The second stage: coordination of the will of states regarding the binding nature of the norms of an international treaty. The stage includes individual actions of states depending on the terms of the agreement and the requirements of national laws. This may be the signature of an authorized person as a sign of agreement with the text of an international treaty, accession to the treaty, as well as ratification or approval of the treaty. Signing is one of the forms of accepting a binding contract. Ratification is an act of approving a treaty by the highest bodies of the state or by way of a referendum. Accession is carried out when the state did not have the opportunity to participate in its development, but expressed a desire to join. The procedure and conditions for accession are stipulated in the agreement to it. Third stage: entry into force of an international treaty. Treaties not subject to ratification or approval enter into force: 1) from the date of signing; 2) after a certain period after signing; 3) from the date specified in the contract. In order to ensure a wider participation of states in multilateral treaties, international law establishes the possibility for states to make reservations, i.e., unilateral statements excluding or changing the operation of one or another provision of an international treaty. An international treaty enters into force from the moment and on the terms specified in the treaty. The fourth stage is the registration and publication of the international treaty. International treaties must be registered with the UN Secretariat. Registration does not affect the legal force of the contract, but the parties do not have the right to refer to it in the UN bodies. Publication of international treaties is carried out in the periodically published collection "Treaty Series", and European Conventions - in the collection "Counsil of Europe Treaty Series". 12. The effect of international treaties in time and space, by circle of persons An international treaty comes into force from the moment it enters into force until its termination and has no retroactive effect. This is the operation of an international treaty in time. Prior to the entry into force of an international treaty, states may stipulate its provisional application. An international treaty is valid when it has gained and not lost its legal force. An international treaty that has entered into force becomes legally binding on all its participants. Thus, treaties may come into force from the moment of signing, ratification, exchange of instruments of ratification, or delivery of a certain number of instruments of ratification to the depositary. An international treaty may be concluded for a fixed period, for an indefinite period, and may not contain an indication of the validity period, or may have an indication of the indefinite duration of the treaty. The provision on the term of an international treaty is indicated in the treaty itself. Bilateral and multilateral agreements are concluded for a certain period of time. Bilateral treaties may contain a condition that, after a certain period of validity, they will remain in force until one of the parties to the treaty declares its withdrawal from it. Some treaties may contain provisions under which the term of an international treaty will be extended automatically by 3 years or 5 years. The extension will be carried out until one of the parties to the international treaty denounces the treaty or refuses to renew it. An extension of a contract is called an extension. If the term of the international treaty has expired, the parties may agree to extend it. Such an extension of the term of an international treaty is called the renewal (or restoration) of the term of the international treaty. An open-ended contract is a contract that does not indicate the term of its validity and does not contain conditions for its termination, or which directly provides for the perpetuity of its validity. In international legal acts, the term "application" is often used instead of the term "action". In international law, it is sometimes believed that from the moment an international treaty enters into force, it is valid, but not applied, but applied when a situation arises that is stipulated in the international treaty itself. Thus, for example, agreements on the rules of war will be valid, but will apply when an armed conflict breaks out. An international treaty is binding on all parties to the treaty, in respect of its entire territory. This action of an international treaty is called "action in space and in a circle of persons." 13. The concept of "the rights of international organizations" The law of international organizations is a branch of international law, which includes the principles and norms governing the creation and functioning of international organizations. The principles of the law of international organizations include: 1) compliance of the creation of international organizations with the generally recognized principles of international law; 2) responsibility of international organizations for offenses; 3) voluntary membership in international organizations. Constituent acts of international organizations are international treaties or decisions of international organizations that determine the legal nature of organizations, as well as rights and obligations. The founding act of an international organization specifies the goals and principles of the organization, the powers and structure of the organization, and the procedure for the activities of the international organization. The constituent acts of international organizations indicate the derivative nature of international organizations. In this regard, the following features of international organizations can be distinguished: 1) an international organization is created by sovereign states; 2) an international organization is established and operates within the framework of a founding agreement; 3) the international organization is permanent and has a staff of permanent bodies; 4) an international organization has a certain set of rights that are inherent in a legal entity; 5) the international organization respects the sovereignty of the member states. The UN Charter is the fundamental source for the entire branch of law of international organizations. International organizations are intergovernmental and non-governmental. Non-governmental organizations are not subjects of international law. An international organization is an association of sovereign states established by an international treaty on a permanent basis, having permanent operating bodies, endowed with international legal personality and acting to achieve common goals in accordance with the principles of international law (United Nations). A non-governmental international organization is an organization created not on the basis of an interstate agreement, it unites individuals and (or) legal entities (the League of Red Cross Societies). Types of international organizations: 1) by the nature of membership: a) intergovernmental; b) non-governmental; 2) according to the circle of participants: a) universal; b) regional; c) interregional; 3) by competence: a) general; b) special; 4) by the nature of powers: a) interstate; b) supranational; 5) according to the method of admission to membership in the organization: a) open; b) closed. 14. United Nations The United Nations is a universal international organization created to maintain peace and international security and develop cooperation between states. The United Nations operates on the basis of the founding act - the UN Charter, adopted in San Francisco and entered into force on October 24, 1945. According to the UN Charter, its goals are: 1) maintaining peace and international security; 2) development of friendly relations between nations on the basis of the principle of equality and self-determination of the people; 3) implementation of cooperation in resolving international problems of an economic, social, cultural and humanitarian nature; 4) promotion and development of respect for human rights and fundamental freedoms for all without distinction as to race, sex, language or religion; 5) coordination of actions of nations in achieving common goals. According to Art. 4 of the UN Charter, any peace-loving states that accept obligations under the UN Charter and which, in the opinion of the organization, are able and willing to fulfill these obligations, can be members of the UN. Admission to the UN requires a recommendation of the UN Security Council approved by at least nine votes, including five concurring votes of the permanent members of the UN, and a resolution of the UN General Assembly, passed by two-thirds of the states present and voting. In the event of a systematic violation of the principles of the UN Charter, a Member State may be expelled from the Organization. Article 7 of the UN Charter provides for the main organs of the organization, such as: the General Assembly, the Security Council, the Economic and Social Council (ECOSOC), the Trusteeship Council, the Secretariat and the International Court of Justice. The UN General Assembly is made up of all members of the UN. It is endowed with broad competence, is authorized to consider any issues within the UN Charter and make recommendations to member states and the UN Security Council. The UN Security Council performs the main function of maintaining international peace and security. It acts on behalf of all Member States. Member States are bound by the decisions of the Security Council and carry them out. The Economic and Social Councils of the United Nations perform the following functions: raising the standard of living; resolution of international problems in the field of economy, culture; promotion of universal respect and observance of human rights. The UN Secretariat is the main administrative and technical body of the UN. The International Court of Justice is composed of 15 independent judges, elected regardless of their nationality, who are lawyers with recognized authority in the field of international law. 15. International legal responsibility of states. Principal organs of the UN International legal responsibility is the legal obligation of the offender to eliminate the consequences of harm caused to another subject of international law as a result of a violation of an international legal obligation, or the obligation to compensate for harm caused by lawful actions, if this is provided for by the contract. International legal responsibility is a necessary legal mechanism for ensuring compliance with international legal norms. This mechanism is the regulator of international legal relations. International legal responsibility is a common institution for international law, the norms of this institution ensure the observance of the rule of law in all areas of international relations. Articles 39, 41 and 42 of the UN Charter establish procedures for the implementation of responsibility for the commission of international crimes against international peace and security. International legal liability occurs when there are grounds for liability. The grounds for international liability are divided into legal and factual. Legal grounds are a set of international legal acts, according to which certain actions, behavior of subjects of international law are qualified as an international offense. Factual grounds are acts for which international legal responsibility arises. Wrongful acts appear in the form of action or inaction. The elements of international legal responsibility are the subject and unlawful behavior. The subjects of international legal responsibility are the subjects of international law. Responsibility for internationally wrongful acts committed by state organs is regarded as responsibility for acts of a state, regardless of what functions these organs performed. The state is also responsible for not taking action against the offenses of persons under its jurisdiction. The wrongfulness of behavior is the contradiction that has arisen between the international legal norm and the act of the state. Wrongfulness is expressed in the violation of any international obligation by the state in the form of action or inaction. As a result of an illegal act, the state causes harm to someone. The damage can be material and non-material. When committing an internationally wrongful act, the state manifests its will, which is unlawful, that is, guilty, in nature. For liability to arise, there must be a causal link between the wrongful act and the damage caused. 16. Classification of international offenses In international law, two types of offenses are distinguished: simple offenses (torts) and international offenses. They are also singled out as a special category of crimes against the peace and security of mankind. Among the gravest international crimes are: war crimes and crimes against humanity, genocide (Convention on the Prevention and Punishment of the Crime of Genocide, 1948), racism and racial discrimination (International Convention on the Elimination of All Forms of Racial Discrimination, 1965), apartheid (International Convention on the Suppression and Punishment of the Crime of Apartheid 1973), the use of nuclear weapons (Declaration of the UN General Assembly on the Prohibition of the Use of Nuclear Weapons for War Purposes 1961), colonialism (Declaration on the Granting of Independence to Colonial Countries and Peoples 1960). Acts that do not constitute an international crime are called international torts. An international crime is an internationally wrongful act that results from the breach by a State of an international obligation so fundamental to the vital interests of the international community that its breach is regarded as a crime against the international community as a whole (Draft Articles on State Responsibility of the UN International Law Commission) . The objects of an international crime can be: universal peace, international security, good neighborly relations between states, the right of peoples and nations to self-determination, the laws and customs of war, human rights and freedoms. In the case of a simple offense (delict), only the injured state has the right to appeal to the court. When an international crime is committed, all subjects of the international community as a whole have the right to apply to the court for the protection of their violated rights. The United Nations International Law Commission proposes to include aggression, threat of aggression, interference, mercenarism, international terrorism, systematic and mass violations of human rights, drug trafficking and deliberate damage to the environment in the draft Code of Crimes against the Peace and Security of Mankind. International crimes can be expressed in the form of action and inaction. Subjects of international crimes can be subjects of international law, as well as individuals. States and other subjects of international law bear political and material responsibility, and individuals bear individual criminal responsibility. 17. Types and forms of international legal responsibility of states In international law, there are two types of liability: material and political. These types of liability are expressed in various forms. Liability arises as a result of a violation of the norm of international law, as well as the occurrence of property damage. Political responsibility arises as a result of a violation of a norm of international law that protects the interests of another subject. Political and material liability may arise simultaneously as a result of the commission of the same offense. Political responsibility arises directly because of the fact of violation of the norms of international law, and material responsibility - because of the resulting property damage. Compensation is subject to actual material damage. The UN International Law Commission in the draft articles on the responsibility of states singled out as forms of responsibility: restitution, compensation, satisfaction. According to Art. 35, 36 of the Draft Articles on State Responsibility, restitution is the restoration of a situation that existed before the wrongful act was committed. It can be expressed in the return of illegally seized property. Compensation is compensation for any assessable damage suffered by the injured state, includes lost profits. Restitution exists in the form of restoring the former legal state, and includes the incurring of costs in connection with this. The damage caused by the wrongful act, which is not covered by restitution, is compensated. Compensation is expressed in the form of payment of money for the harm caused. Satisfaction is the satisfaction of the intangible claims of the injured state for compensation for harm caused to its political interests. Satisfaction is expressed in the form of expressing regret, recognizing the illegality of one's actions. They single out extraordinary satisfaction (i.e., temporary restriction of the sovereignty and legal capacity of the state), which can be expressed in the form of suspension of the activities of state bodies and reorganization of the political system, etc. Also, in international law, emergency reparation is distinguished, that is, the restriction of the state in the powers to use its material resources. Political responsibility can be expressed in the form of satisfaction, reprisals (i.e., retaliatory violent actions carried out by the affected subject), retortion (i.e., retaliatory actions in connection with unfriendly actions that do not constitute an offense). Liability can be expressed in the form of restitution, compensation. 18. Circumstances Precluding Wrongfulness. Responsibility for lawful activity Circumstances precluding wrongfulness are situations in which acts that are normally qualified as offenses are recognized as lawful and do not entail liability. In the Draft Articles on State Responsibility, the UN International Law Commission identified the following circumstances excluding wrongfulness: consent, countermeasures, force majeure, distress, necessity, self-defence. Consent is permission given by one state to another state to derogate from an international obligation. Consent must be legally valid. Countermeasures are the actions of one state caused by the internationally wrongful conduct of another state. Force majeure is an act caused by an unstoppable force or an unforeseen event. A disaster is a situation when representatives of a state, under the influence of the forces of nature or in the event of an accident, are forced not to comply with international obligations, being unable to save their lives or the lives of their subordinates. A state of necessity is a wrongful act which was the only means of protecting the essential interest of a state against a grave and imminent threat and which did not cause serious harm to another state. Self-defense is the retaliatory armed actions of a state undertaken by it to restore its political independence, territorial integrity and inviolability violated by an armed attack by another state (Article 51 of the UN Charter). Responsibility for lawful activity arises solely on the basis of the contract. Absolute liability comes for the innocent infliction of harm. Most often, such liability is established for activities related to sources of increased danger. Absolute liability does not arise if it is not regulated by the contract. There is a concept of contractual limitation of absolute liability on the amount to be reimbursed. The contract may specify a limit on the maximum amount of compensation payable in the event that a party suffers. In these cases, the injured party cannot claim to receive an amount exceeding the established limit, even if the actual damage exceeds this amount. The contractual limitation of liability in total is a kind of protective mechanism in relation to the use of a source of increased danger, but necessary in the interests of people. In this case, the amount of incurred losses is distributed between the injured party and the entity managing the source of increased danger. 19. Diplomatic missions A diplomatic mission is a state body established on the territory of the receiving state to maintain diplomatic relations with this state. The establishment of diplomatic missions is carried out by mutual agreement of states and is expressed in various forms of reaching an agreement. In international law, there are the following types of diplomatic missions: 1) embassies; 2) missions. The diplomatic mission consists of the head of the mission, diplomatic, administrative and technical, service personnel. Members of a diplomatic mission are assigned diplomatic ranks - these are service ranks assigned to diplomatic workers. The diplomatic staff also includes trade representatives and military attachés. Administrative and technical staff includes the head of the office, financial workers, translators, clerks. The attendants include doctors, couriers, chauffeurs, etc. Heads of diplomatic missions according to Art. 14 of the Vienna Convention on Diplomatic Relations of 1961 are divided into: 1) ambassadors and nuncios; 2) envoys and internuncios; 3) chargé d'affaires. The functions of diplomatic missions include representing the interests of the state, protecting the interests of the state and its citizens; negotiating with the government of the host state, developing friendly relations between their state and the host state; consular function, informing his government about the host country. In international law, diplomatic privileges, immunities of diplomatic missions and diplomatic agents are distinguished. Immunities and privileges are granted in order to create favorable conditions for the activities of diplomatic missions. Diplomatic immunities and privileges are subdivided into immunities and privileges of diplomatic missions and members of their families. The diplomatic immunities and privileges of members of the diplomatic staff include: inviolability of the premises of the diplomatic mission, immunities of property and vehicles, correspondence and archives; fiscal immunity; the right to unimpeded communication of the representative office with its center and other representative offices of its state, privileges; customs privileges, etc. The composition of diplomatic immunities and privileges of members of the families of diplomatic personnel includes: inviolability of the person, home; full immunity from the criminal jurisdiction of the host state, etc. 20. Consular offices Consular offices are foreign missions operating within the consular district, determined by mutual agreement of the states. Consular relations arise when diplomatic relations are established and in the absence of diplomatic relations on the basis of agreements between states. There are four types of consular offices: 1) consulates general; 2) consulates; 3) vice-consulates; 4) consular agencies. In most states, consuls are appointed by the foreign affairs departments of the state. In order for the consul to carry out his activities, it is necessary to obtain a consular patent and exequatur. A consular patent is a document issued by the competent authorities of the sending state confirming the appointment of the relevant person as the head of the consular post. The consular patent indicates: the full name of the appointed person, his citizenship, rank, position, consular district and location of the consulate. An exequatur is a document issued by a foreign country authorizing the performance of consular functions in a consular district. From the moment the consul receives the exequatur, he begins to exercise his powers. The end of the consul's mission may be in the event of the recall of the consul by the sending state, the annulment of the exequatur by the receiving state, the expiration of the term of the consular patent, the closure of the consular office at this point, the termination of consular relations in general, the war between the receiving state and the sending state, the death of the consul, the exit of the territory where the consular district is located, out of the sovereignty of the host state. The main functions of a consular office are: protection in the receiving state of the interests of the sending state, its citizens and organizations, as well as the development of friendly relations. The special functions of a consular institution include: registration of compatriots located on the territory of the consular district; consulting activities and practical assistance to citizens of the sending state, representatives of its bodies and organizations, as well as to its naval ships, sea and aircraft and members of their crews located in the consular district; passport and visa work (i.e., issuing, renewing, canceling compatriots' passports and issuing visas to persons traveling to the sending state), performing the functions of civil registry offices, performing notarial acts. The inviolability of consular premises is one of the most important immunities and privileges of a consular post. 21. International legal issues of citizenship Citizenship is a legal relationship between a person and the state, which determines mutual rights and obligations. In a democratic state, citizenship gives the right to participate in the government of the state and provides citizens with the protection of their rights by the state. This position of citizenship is becoming more widespread. In addition to the term "citizenship", the term "citizenship" is used, which was previously defined as belonging to the monarchy. The state ensures the rights of citizens and controls the fulfillment of their duties. A decisive role in the regulation of citizenship is played by the internal legislation of the state. The state establishes the rights of citizens, the procedure for acquiring and losing citizenship. The main duty of a state in relation to its citizens in international law is to protect them while they are in another state. There are two main types of citizenship acquisition: initial (at birth) and derivative (naturalization). The majority are citizens by birth. The legislation of states on this issue is based on the principles: the right of blood and the right of territory. According to the principle of right of blood, the child follows the nationality of his parents; under the right of territory, citizenship is acquired by virtue of birth in the territory of a particular state. During naturalization, a person wishing to acquire the citizenship of a certain state submits an application provided that the person reaches the age of majority and possesses dees-specialty, as well as resides in the territory of the state for a certain time. Currently, the act of marrying a foreigner does not entail the acquisition of citizenship. A simplified procedure for acquiring citizenship may also be provided. Loss of citizenship is regulated by the internal law of the state. Citizenship can be lost either at the initiative of the subject, or at the initiative of the state. Citizens cannot lose citizenship as a result of departure, long-term residence abroad, if as a result of loss of citizenship a person becomes stateless. Statelessness is a legal condition in which a person does not have the citizenship of any state. Stateless persons are referred to as stateless. Statelessness can be absolute relative. Absolute statelessness - that statelessness from the moment of birth. Relative statelessness is statelessness resulting from the loss of citizenship. Multiple citizenship is a legal condition in which a person has two or more citizenships. 22. Foreign citizens A foreigner is an individual who is not a citizen of the host country and has the citizenship of another state. A foreigner is under the full territorial jurisdiction of the host country and the country of citizenship. Diplomatic protection provided to foreigners by the state of their citizenship is carried out by consular offices. The legal status of foreigners is regulated by domestic law and international treaties. International treaties establish universal standards that states must apply to all persons, regardless of their citizenship, race, nationality, gender, political opinions. The legal status of foreigners is a set of rights and obligations of foreigners in the territory of a given state. There are three types of foreigners' regime: 1) national treatment; 2) most favored nation treatment; 3) special mode. National treatment is the equalization of foreigners in a certain area of social relations with citizens of the receiving state. The most favored nation treatment is the granting to foreigners of the rights that are provided for citizens of any third state who are in the territory of this state in the most legally advantageous position. Duties also apply to foreigners, foreigners are subject to criminal, administrative, civil liability of the state under whose jurisdiction they are. A special regime is the granting of certain rights to foreigners in any area and (or) the establishment of certain obligations for them that differ from those provided for in this area for other foreign citizens staying in this state. An alien may enjoy the rights or fulfill the obligations arising from his nationality only to the extent that this is permitted by the host State. Most often, foreigners do not have military obligations, do not have the right to vote, cannot be elected to high government positions, but can voluntarily serve in foreign armed forces. Aliens are not punished in the territory of the state of residence and are expelled to the state of citizenship. In international law, there is a generally recognized rule according to which an alien cannot be held criminally liable in the territory of the host state for crimes committed by him in any other state, if these crimes do not affect the host state. The obligation to extradite persons who have committed crimes exists only on the basis of treaties between states. 23. Legal status of refugees and displaced persons A refugee is a person who was forced to leave his permanent place of residence as a result of hostilities or expelled from there by one of the parties to an armed conflict. The term "refugee" appeared after the Second World War in the conditions of post-war armed conflicts and other emergencies, when there was a massive forced or forced displacement of persons from their permanent areas of residence. Within the framework of the United Nations, the Office of the High Commissioner for Refugees was created to help resolve the problem of refugees. According to the Convention relating to the Status of Refugees of 1951 (Article 12) “the personal status of refugees is determined by the laws of their country of residence. the right to freely apply to the courts in the territory of all States Parties to the Convention. In the territory of the state of permanent residence of the refugee, every refugee enjoys the same position in applying to the courts as citizens (art. 16).” According to the Convention and the Statute of the Office of the High Commissioner for Refugees, refugees are persons who, owing to well-founded fear, are victims of persecution for reasons of race, religion, nationality, membership of a particular social group or political opinion, are outside their country of nationality and cannot enjoy the protection of the government of that country, or are unwilling to enjoy such protection, either because of such fear or for reasons other than personal convenience; or, having no fixed nationality and being outside the country of his former habitual residence, are unable or unwilling to return owing to such fear or for reasons other than personal convenience. Refugees are referred to as de facto stateless in international law because their status is practically the same as that of stateless persons. If citizens become refugees for political reasons, then there are grounds to consider them as applicants for political asylum. The settlement of the issue of obtaining political asylum depends on the legislation and policy of the state in whose territory the refugees are located. Displaced persons are persons forcibly removed during the Second World War by the Nazis and their accomplices from the territories they occupied for use in various kinds of work. Sometimes they are called forced migrants. 24. Right of political asylum Political asylum is the provision by the state of a person with the opportunity to hide from persecution for political reasons, to which he was subjected in the country of his citizenship. Politically motivated persecution refers to persecution not only for political opinions, but also for social activities, religious beliefs, race or nationality. According to Art. 14 of the Universal Declaration of Human Rights "everyone has the right to seek and enjoy asylum from persecution in other countries". Allocate territorial and diplomatic asylum. Territorial asylum is the provision of a person with the opportunity to hide from persecution for political reasons in his territory. Diplomatic asylum is the provision of a person with the opportunity to hide from persecution for political reasons in the premises of a diplomatic mission of a foreign state, a consular mission of a foreign state or on a foreign warship. International law prohibits the granting of diplomatic asylum. The basis and procedure for granting political asylum to certain persons depend on the internal legislation of the state granting political asylum. The state may refuse to grant asylum. In the case of granting political asylum, the state is obliged not to extradite the person who has received political asylum. Persons who have received political asylum have the status of aliens on the territory of this state if they have been granted citizenship of this state. The state that granted political asylum to any person acquires the right to provide legal protection in case of violation of the rights of this person abroad, and is responsible for his activities. According to the provisions of Art. 4 of the Declaration on Territorial Asylum "The State which has granted asylum shall not allow persons who have received it to engage in activities contrary to the purposes and principles of the United Nations." The norms of international law establish the right of a state to grant political asylum to certain persons and establish the duty of other states to respect this right. The validity of political asylum is terminated if the circumstances that forced the person to seek asylum have disappeared, or if the person has acquired the citizenship of the state that granted him political asylum. There is a rule in international law that asylum should not be granted to a person who has committed an ordinary crime. 25. The concept of an international dispute An international dispute is a specific political and legal relationship that arises between two or more subjects of international law and reflects the contradictions that exist within this relationship. From the moment an international dispute arises, according to the universally recognized principle of international law of the peaceful resolution of international disputes, states must be guided by it as an imperative rule. According to the UN Charter, the concepts of "dispute" and "situation" are distinguished. According to the doctrine of international law and the practice of the Security Council of the International Court of Justice, a dispute arises when states present mutual claims to each other over the same subject matter of the dispute. The situation arises when the clash of interests of states is not accompanied by mutual claims, although it gives rise to disagreements between them. The unifying feature of the dispute and the situation is the clash of interests of states. There are two types of disputes and situations: 1) disputes and situations that threaten international peace and security; 2) disputes and situations that do not threaten international peace and security. Article 34 of the UN Charter states: "The Security Council shall be empowered to investigate any dispute and any situation which may give rise to international friction or give rise to a dispute, to determine whether the continuation of that dispute or situation may not endanger the maintenance of international peace and security." International disputes are classified according to the object of dispute, according to the degree of danger, according to the geography of distribution (local, regional or global), according to the number of subjects (bilateral or multilateral). The UN Charter provides for certain legal procedures for the settlement of international disputes: "a dispute the continuation of which could threaten the maintenance of international peace and security" (Article 33), "international disputes" (paragraph 3 of Article 2), "any dispute", i.e. e. a dispute that may not pose a direct threat to the maintenance of international peace (Article 38), "local disputes" (subparagraphs 2 and 3 of Article 52), "disputes of a legal nature" (paragraph 3 of Article 36). According to paragraph 2 of Art. 36 of the Statute of the International Court of Justice, legal disputes falling under the jurisdiction of the International Court of Justice are disputes concerning the interpretation of a treaty, any question of international law, the existence of a fact which, if found, would constitute a breach of an international obligation, and the nature and amount of reparation for breach of obligation. Disputes about the belonging of a certain piece of territory to any state constitute a special category of disputes. 26. Peaceful means of settling an international dispute According to the UN Charter, the member states of the UN have assumed the obligation to "carry out by peaceful means, in accordance with the principles of justice and international law, the settlement or resolution of international disputes and situations that may lead to a breach of peace" (clause 1, article 1). According to Art. 33 of the UN Charter, states involved in any dispute the continuation of which could threaten the maintenance of international peace and security must first of all endeavor to resolve the dispute by "negotiation, inquiry, mediation, conciliation, arbitration, judicial proceedings, recourse to regional bodies or agreements or other by peaceful means of their choice." Negotiation is a peaceful means of resolving a dispute with the help of representatives between states in essence reaching an agreement on the use of another peaceful means to resolve the dispute. The goals, the composition of the participants, the level of representation in the negotiations, their organizational forms are agreed upon by the disputing parties themselves. Negotiations to resolve the dispute should be conducted on an equal basis, excluding violation of the sovereign will of the parties concerned. Consultations of the parties are periodic meetings of the disputing parties aimed at finding compromise solutions. Inquiry is a means of amicable settlement, which is resorted to when the disputing parties differ in their assessment of the actual circumstances giving rise to the dispute or leading to the dispute. In order to conduct a survey, a commission of inquiry is created, sometimes headed by a representative of a third state or international organization. The results of the work of the commission of inquiry are fixed in the report, which establishes only the factual side of the dispute. Conciliation is the clarification of the actual circumstances of the dispute and the development of specific recommendations for the parties. Good offices are the actions of a party not participating in a dispute aimed at establishing contacts between the disputing parties. The entities providing good offices do not directly participate in the negotiations to resolve the dispute. States, international organizations, well-known public or political figures can act as subjects. Mediation is the direct participation of a third party in the peaceful resolution of a dispute. International arbitration is the voluntarily expressed consent of the disputing parties to submit their dispute to a third party, whose decision is binding on the parties to the dispute. Litigation is the consideration and resolution of a dispute by international courts. 27. International Court of Justice The International Court of Justice is the main judicial body of the UN, established in 1945. The International Court of Justice operates on the basis of the Statute of the International Court of Justice, as well as the Rules of Court. The main purpose of the International Court of Justice is to conduct by peaceful means, in accordance with the principles of justice and international law, the settlement or resolution of international disputes or situations that can lead to a breach of peace. The functions of the International Court of Justice are: consideration and resolution of disputes submitted by states, adoption of advisory opinions on legal issues. The International Court of Justice is located in the Netherlands, in the city of The Hague. The International Court of Justice is made up of 15 judges who are elected for nine years and may be re-elected. The members of the Court are individual judges chosen from among persons of high moral character who meet the qualifications required in their countries for appointment to the highest judicial positions, or who are jurists of recognized authority in the field of international law. The members of the Court are elected by the General Assembly and the UN Security Council. Elections are held simultaneously and independently of each other. An absolute majority of votes must be obtained in both bodies to be elected. The President of the Court is elected for a term of three years with a possible re-election. In the performance of judicial duties, members of the Court enjoy diplomatic privileges and immunities. The Court is a permanent body and sits in its entirety. Chambers of judges consisting of three or more judges may be formed to consider a certain category of cases. Official language of the Court: French or English. According to Art. 38 of the Statute, the Court decides disputes submitted to it on the basis of international law and applies: 1) international conventions, both general and special, establishing rules expressly recognized by the disputing states; 2) international custom as evidence of a general practice recognized as a legal norm; 3) general principles of law recognized by civilized nations; 4) Judicial decisions and doctrines of the most qualified specialists in public law of various nations as an aid to the determination of legal norms. The decisions of the Court are binding on the states that were parties to the dispute. In the event that a party to a case fails to comply with the obligation imposed on it by the decision of the Court, the Security Council, at the request of the other party, “may, if it deems it necessary, make recommendations or decide to take measures to enforce the decision” (paragraph 2 of Art. 94 of the UN Charter). 28. European Court of Human Rights The European Court of Human Rights is the main judicial body of the Council of Europe. It was established in 1959 on the basis of the European Convention for the Protection of Human Rights and Fundamental Freedoms of November 4, 1950. The European Court of Human Rights is composed of judges representing member states of the Council of Europe. A judge of the European Court of Human Rights must possess all high moral qualities, be a person with generally recognized authority in the field of law. Judges are elected by the Parliamentary Assembly of the Council of Europe for a term of six years and may be re-elected. The term of office of judges expires when they reach the age of 70 years. At the head of the European Court of Human Rights is the chairman, the court elects two of his deputies. Judges of the European Court of Human Rights form chambers, chairmen are also elected in them, and the Secretary-Chancellor of the Court is also elected. To consider cases, committees of three judges are formed, chambers are formed of seven judges, the Grand Chamber consists of 17 judges. The official languages of the European Court of Human Rights are French or English. The European Court of Human Rights hears cases concerning the interpretation and application of the provisions of the Convention and its protocols. According to Art. 33 of the Convention "any State Party may refer to the Court any alleged violation of the Convention and its Protocols by another State Party." Article 34 of the Convention empowers the Court to receive applications from any individual, any non-governmental organization or any group of individuals who claim to be victims of violations by one of the States Parties of their rights recognized in the Convention and its Protocols. In Art. 35 of the Convention formulates the conditions for the admissibility of individual complaints to the Court: “The Court may only accept a case for its consideration after all domestic remedies have been exhausted, and within six months from the date of the final decision on the case by the national authorities. Not accepted for consideration anonymous applications, applications which have similarly already been examined by the Court and do not contain new facts, as well as applications already the subject of another procedure of international proceedings The Court may declare the application inadmissible and dismiss it. Decisions of the European Court of Human Rights are binding on the state or states against which these decisions are directed. The final judgment of the Court is sent to the Committee of Ministers, which supervises the execution (art. 46 of the Convention). The injured party is entitled to just compensation. 29. The concept and sources of international security law The law of international security is a set of legal norms and principles that regulate military-political relations between states and other subjects of international law. The law of international security is based on the general principles of international law of non-use of force or threat of force, settlement of disputes by peaceful means, territorial integrity and inviolability of borders. The law of international security presupposes the constructive cooperation of the members of the international community in solving two main tasks, such as ensuring the functioning of the peacekeeping mechanism and the development of new legal norms. The main source of international security law is the UN Charter. An important place in the regulation of security relations in the world is occupied by various multilateral and bilateral international treaties. The first group consists of international treaties that contain the nuclear arms race in spatial terms. These are the Antarctic Treaty of 1959, the Treaty on the Non-Proliferation of Nuclear Weapons of 1968, the Treaty on the Prohibition of the Placement of Nuclear Weapons and Other Types of Weapons of Mass Destruction on the Bottom of the Seas and Oceans and in Its Subsoils of 1971. The second group of treaties is made up of international treaties that limit the buildup of armaments in quantitative and qualitative terms. These are the 1963 Atmospheric, Outer Space and Underwater Test Ban Treaty and the 1996 Comprehensive Nuclear Test Ban Treaty. The third group of treaties are international treaties that prohibit the production of certain types of weapons and prescribe their destruction. This is the 1972 Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological and Toxic Weapons and on Their Destruction. The fourth group consists of treaties designed to prevent the accidental outbreak of war. These are the Agreements on direct communication lines between the USSR and the USA 1963, 1971. The fifth group of treaties are international treaties aimed at preventing and suppressing international terrorism. These are the International Convention for the Suppression of Terrorist Bombings of 1997, the International Convention for the Suppression of the Financing of Terrorism of 1999, the International Convention for the Suppression of Acts of Nuclear Terrorism of 2005, the European Convention for the Suppression of Terrorism of 1977, the Council of Europe Convention for the Prevention of Terrorism 2005 The main direction in ensuring international security is the reduction of armaments, which can only be carried out on the basis of international treaties. 30. Collective Security Collective security is a system of joint actions of states to maintain and strengthen international peace and security. The preamble to the UN Charter established the foundations of international peace (the eradication of war; the affirmation of faith in fundamental human rights; the strengthening of international law; the promotion of social progress and better living conditions in greater freedom) and determined that three basic conditions must be met for this purpose: tolerance and to live together, in peace with each other, as good neighbors; join forces to maintain international peace and security; to ensure by the adoption of principles and the establishment of methods that the armed forces shall be used only in the general interest. Collective security is based on the universally recognized principles of international law, collective measures to prevent and eliminate threats to peace and acts of aggression, collective measures to suppress terrorism, collective measures to limit and reduce weapons, up to complete disarmament. The Security Council is entrusted with the main responsibility for maintaining international peace and security (Article 24 of the UN Charter). The UN Charter establishes that force may be used in case of threats to the peace, violations of the peace and acts of aggression to maintain or restore international peace and security, only in the general interest, in exceptional cases, when other measures may prove or have already proved insufficient, and not must be used for purposes contrary to the Charter. The main idea of creating collective security is the principle of the indivisibility of the world. There are two types of collective security: universal and regional security. Universal collective security is based on the norms developed by the UN, and, accordingly, all participating states must comply with the actions and decisions of the UN. Article 43 of the UN Charter determines the procedure for the provision by UN members of the necessary armed forces, assistance, facilities to the Security Council: on the basis of a special agreement or agreements concluded by the Council with UN member states, with their subsequent ratification; at the request of the Security Council, that is, on the basis of its decision. The actions of the Security Council in the field of peacekeeping begin with the qualification of the situation. Based on Art. 40 of the UN Charter gives rise to the right of the Security Council to monitor the implementation of a decision on provisional measures so that it can give due consideration to the non-compliance with these provisional measures by the parties to the conflict. The Council has the right to take both measures not related to the use of armed forces, and measures with their use. 31. Organization for Security and Cooperation in Europe. Disarmament and arms limitation The Organization for Security and Cooperation in Europe is an international intergovernmental organization governing security relations and promoting cooperation in Europe. The supreme bodies of the organization include heads of state and government who are competent to consider the most important and urgent problems of security and other areas of cooperation between states. The central governing body is the Council of Ministers, responsible for decision-making. This Council gathers from the heads of the ministries of foreign affairs of states and appoints a country whose representative will act as chairman of the Organization for Security and Cooperation in Europe during the year. The Governing Council is the body that is responsible for preparing the meetings of the Council, for implementing its decisions, for coordinating the activities of its subsidiary bodies. The competence of the Governing Council includes: consideration of issues in the event of critical situations and the use of a peaceful settlement mechanism. The Permanent Council is the body for political consultation and current decision-making, as well as for dealing with emergencies. It is composed of permanent representatives of the participating states. The secretariat is a body that provides organizational and technical services for meetings of the main bodies, manages documentation and archives, and publishes documents. The Secretary General participates in the coordination of the activities of various bodies, assists the current chairman. Disarmament is a set of measures aimed at stopping the build-up of means of warfare, their limitation, reduction and elimination. In paragraph 1 of Art. 11 of the UN Charter states: "the principles governing disarmament and the regulation of armaments" are among the "general principles of cooperation in the maintenance of peace and security." Consideration of these principles falls within the competence of the General Assembly, which makes recommendations on these issues to the Security Council and the UN members. The Security Council is responsible for formulating "plans for the establishment of a system of arms regulation" (Article 26 of the UN Charter); he is assisted in this task by the Military Staff Committee, which advises and assists on matters relating to "the regulation of armaments and possible disarmament" (clause 1, article 47 of the UNPO Charter). The main sources in the field of disarmament are the Treaty on the Non-Proliferation of Nuclear Weapons of 1968, the Treaty on the Prohibition of Nuclear Weapons in Latin America of 1967 (for example, the Treaty between the USSR and the USA on the limitation of anti-missile defense systems of 1972). 32. International economic law International economic law is a branch of international public law, which is a set of principles and norms governing economic relations between states and other subjects of international law. The subject of international economic law is international economic multilateral and bilateral relations between states, as well as other subjects of public international law. Economic relations include trade, commercial relations, as well as relations in the areas of production, scientific and technical, monetary and financial, transport, communications, energy, intellectual property, and tourism. International economic law has its own sub-sectors - international trade law, international industrial law, international transport law, international customs law, international monetary and financial law, international intellectual property law. Along with the basic principles of public international law, special principles are also applied in international economic relations. The principle of non-discrimination is the right of a state to be provided by a partner state with general conditions that are no worse than those provided by this state to all other states. This right does not affect the provision of lawfully applied special preferential, more favorable conditions. Favored nation treatment is a legal obligation of the state to provide the partner state with preferential (most favorable) conditions that are valid or can be introduced for any third country. The national regime is the equating of the rights of individuals and legal entities of a foreign state to national individuals and legal entities for certain types of legal relations. The principle of mutual benefit is when relations between states that are not mutually beneficial should not take place, but there should be a fair distribution of benefits and obligations of a comparable amount. Preferential treatment is a principle under which there should be no mutually beneficial relations between states, but only a fair distribution of benefits and obligations of an appropriate amount. The subjects of international economic law are the subjects of international law. Depending on the subjective composition, the following types of subjects can be distinguished: 1) interstate - universal and local; 2) between states and international organizations; 3) between states and legal entities and individuals belonging to foreign states. The sources of international economic law are the sources of international law. 33. International cooperation International cooperation is carried out in the areas of trade, customs, industrial, monetary and transport law. Cooperation in the field of commercial law. In order to regulate trade relations between states in 1947, a multilateral General Agreement on Tariffs and Trade (GATT) was concluded. Under the agreement, any customs-tariff benefit granted by one of the participating countries to another participating country automatically, by virtue of the most favored nation principle, applies to all other GATT participating countries. In 1964, the United Nations Conference on Trade and Development (UNCTAD) was established, which is an autonomous body of the United Nations. The main objective of UNCTAD is to promote international trade, in particular trade in commodities, industrial goods and so-called invisible items, as well as in the field of trade-related finance. Particular attention is paid to the problems of trade preferences and other benefits for developing countries. Cooperation in the field of industrial law. In order to promote the process of industrialization and provide technical assistance to developing countries, as well as to coordinate all UN activities in the field of industrial development, the UN Industrial Development Organization was established in 1966, which since 1985 has become a specialized agency of the UN. Cooperation in the field of monetary and financial law. In 1945, the International Bank for Reconstruction and Development and the International Monetary Fund were established as specialized UN agencies, within which almost all cooperation in the monetary and financial sphere at the world level is concentrated. The World Bank aims to promote the reconstruction and development of the economies of the Bank's member states, encourage private foreign investment, provide loans for the development of production, as well as promote the growth of international trade and maintain an equilibrium of balances of payments. The purpose of the IMF is to promote international cooperation on matters relating to currency and international trade, as well as to create a multilateral settlement system for current transactions between member countries. Cooperation in the field of transport law. In 1975, the European Convention on Passenger Tariffs was adopted, with the aim of establishing a single tariff policy to promote the development of international passenger traffic. There is also the International Association of Railway Congresses, founded in 1884, whose functions include the preparation and holding of international congresses to discuss scientific, technical, economic and administrative problems. 34. State territory State territory - spaces within which states exercise supremacy. The territory of the state includes land with its subsoil, water and air space. Water space is internal waters (rivers, lakes, canals and other bodies of water, the banks of which belong to this state), parts of border rivers and lakes belonging to the state, internal sea waters and territorial sea, i.e. coastal sea strip up to 12 nautical miles wide . Airspace is a part of the airspace located above the land and water areas of the state. The airspace altitude limit is also the demarcation line between airspace and outer space. Such a line is not defined internationally. Each state independently determines the legal status of its territory. On the basis of special international treaties, a state may grant a certain set of rights to use certain parts of its territory to foreign states, their legal entities or individuals. States may need to transit through the territory of another state when the region belonging to the state is separated from the main territory of the state by the territory of another state. Such a region is called an enclave. When exercising territorial supremacy, the state may impose prohibitions and restrictions. Thus, the actions of a state that allows its territory, which it has placed at the disposal of another state, to be used by this other state to commit an act of aggression against a third state, are qualified as an act of aggression committed by the state that granted its territory (UN General Assembly resolution "Definition of aggression "). The state must use its territory in such a way as not to cause damage to other states, based on the principles and norms of international law. The legal basis for changing the territory of a state is an interstate agreement on the transfer of a certain part of the territory or on the exchange of its plots. The concept of "territory subject to national jurisdiction" is a broader concept than "state territory", it includes the state territory, the contiguous zone, the continental shelf, the exclusive economic zone. The term "territory" used in international treaties in relation to certain states parties does not always mean a state territory (or part of it). 35. State border The state border is a line and a vertical surface passing along it, defining the limits of the state territory (land, water, subsoil and airspace). To determine the boundaries of certain territories, states conclude international treaties. State borders on land are established along lines of relief or clearly visible landmarks. On rivers, state boundaries are determined along the middle of the main fairway or along the thalweg (along the line of greatest depths), if the river is navigable, or along the middle of the channel, if the river is not navigable. On lakes, the state border is a line connecting the exits of the land border to the shores of the lake. The line of the outer limit of the territorial sea is the state border on the sea. The process of establishing boundaries includes two stages: 1) delimitation - this is the general direction of the passage of the border defined in the agreement and its drawing on the map; 2) demarcation - this is the designation of the boundary line on the ground through the establishment of special boundary markers. This activity is carried out by specially created commissions from representatives of certain states. The regime of the state border is defined as a set of international legal and domestic norms. The state border regime includes the following issues: 1) the maintenance of the state border is the procedure for maintaining and maintaining in proper condition border signs, equipment, border clearings, and conducting their control inspections. All states are obliged to maintain their borders in such a condition that the passage through them is clear and visible, and boundary signs and clearings must comply with the requirements of demarcation documents; 2) crossing the state border by persons and vehicles. Crossing the state border by persons and crossing it with vehicles may be carried out only at border crossing points open for international and two-way traffic; 3) the passage of persons, vehicles, goods, cargo and animals across the state border involves the implementation of border control, and, if necessary, customs, immigration, sanitary-quarantine, veterinary, phytosanitary and other types of control; 4) conducting economic, fishing and other activities on the state border. This activity should not cause damage to the territory of a neighboring state; 5) resolution with foreign states of incidents related to violation of the rules. The border regime is the legal status of the territories of the state adjacent to the state border. 36. Legal regime of international rivers International rivers are rivers flowing through the territory of two or more states, they are inevitably the subject of international legal relations of coastal states. The international river, crossing or dividing the territories of several states, creates a relationship of interests of coastal states, which determines their mutual rights and obligations regarding this river. Each coastal state must use the waters of an international river in such a way that it does not inflict substantial damage on the rights of any other coastal state to use the waters of the same river. All states, in principle, have equal rights to use the waters of an international river. International rivers are divided into open for international navigation and border rivers, which separate the territories of several states. The regime of navigation on an international river must be established by the riparian states themselves. Only a coastal state has the right to pass its ships through river waters that are part of the territory of another state. However, coastal states often grant freedom of navigation to merchant ships of all countries. The Barcelona Convention and the 1921 Statute on the Regime of Navigational Waterways of International Importance contain provisions regarding navigation on international rivers. At the Helsinki Conference in 1966, some articles of the Barcelona Convention were changed. Thus, "each riparian state has the right of free navigation along the entire length of an international river. The riparian states may also grant such a right to non-riparian states." At present, the conditions and rules for the passage of foreign vessels along international rivers are determined in each specific case by the relevant agreements of the coastal states. The non-navigational use of international rivers includes the construction of dams for hydroelectric power stations and irrigation, the discharge of industrial waters, fishing, and timber rafting. All issues of non-navigational use are resolved on the basis of an agreement between the coastal states. General rules regarding the settlement of questions arising from the construction of hydroelectric power plants on international rivers are contained in the Geneva Convention on the Hydropower of Watercourses of Importance for Several States, 1923. In accordance with the principle of equitable use of waters, a coastal state must prevent any form of pollution or increase the degree of existing pollution that would cause significant damage to another state. There are a large number of agreements that are based on this principle. 37. Legal regime of international maritime channels International sea channels are artificially created sea routes. They were usually built to reduce the length of sea routes and reduce the risks and dangers of navigation. The existing sea channels are built on the territories of certain states, under their sovereignty. For some sea channels, due to their great importance for international navigation or for historical reasons, international legal regimes have been established. Such regimes were established for the Suez, Panama and Kiel Canals. The Suez Canal was built on the territory of Egypt by a joint-stock company created by the Frenchman F. Lesseps. In the Declaration of April 25, 1957, the government of Egypt, reaffirming its commitment to "ensure free and uninterrupted navigation for all countries" through the Suez Canal, solemnly declared its determination to "observe the terms and spirit of the Constantinople Convention of 1888.". To manage the operation of the Suez Canal, the Egyptian government created the Suez Canal Authority. The Panama Canal, located on a narrow isthmus between North and South America, was the object of many years of American-British rivalry. Even before the construction of the canal in 1850, an agreement was signed between the United States and Great Britain, according to which both parties pledged not to subordinate the canal in the event of its construction to their exclusive influence and control. Under an agreement concluded in 1903 with the Republic of Panama, which was formed on part of the territory of Colombia, the United States received the right to build and operate the Canal. The United States declared the Canal's permanent neutrality with an obligation to keep it open to ships of all flags in accordance with the Anglo-American Agreement of 1901, which essentially provided for the application to the Canal of the provisions of the 1888 Suez Canal Navigation Convention. In 1977, two new treaties between Panama and the United States were signed and entered into force on October 1, 1979: the Panama Canal Treaty and the Panama Canal Neutrality and Operation Treaty. The Kiel Canal, which connects the Baltic Sea with the North Sea, was built by Germany and opened for navigation in 1896. Until the First World War, Germany referred the Kiel Canal to its internal waters with the extension of the corresponding regime to it. The Treaty of Versailles established the international legal regime of the Canal. According to Art. 380 of the Treaty of Versailles, the Kiel Canal was declared permanently free and open in full equality for military and merchant ships of all states at peace with Germany. 38. International Legal Regime of Antarctica Antarctica is a region of the globe located around the South Pole. It includes the uninhabited continent of Antarctica, the islands adjacent to it, as well as parts of the Atlantic, Pacific and Indian oceans, often called the Southern, or Antarctic, ocean. Actually the sixth continent of the Earth - Antarctica occupies an area 2 times larger than the area of Australia. And the area of Antarctica as a whole is about 50 million square meters. km, which is approximately equal to 10% of the area of our planet. From October 15 to December 1, 1959, the International Conference on Antarctica was held in Washington. Its participants were 12 states that, by the time the Conference was convened, were directly conducting scientific research in Antarctica. These included both states that put forward territorial claims to the Antarctic regions (Australia, Argentina, Great Britain, New Zealand, Norway, France and Chile), and states that did not recognize these claims (Belgium, the USSR, the USA, the Union of South Africa and Japan). On December 1, 1959, the Conference adopted the Antarctic Treaty, which determined its international legal regime for a long time and became a notable event in international life. Article 1 of the Antarctic Treaty establishes: "Antarctic is used only for peaceful purposes. In particular, any military activities are prohibited, such as the creation of military bases and fortifications, military maneuvers, as well as testing of any types of weapons" (paragraph 1). At the same time, the Antarctic Treaty does not prevent the use of "military personnel or equipment for scientific research or for any other peaceful purposes" (clause 2, article 1). This provision was included at the suggestion of some participants in the Conference, who stated that in the harsh and difficult conditions of Antarctica, they can carry out scientific research for peaceful purposes only with the involvement of military personnel and the use of military equipment. In order to prevent possible abuses in this matter, the Treaty obliges any contracting party to inform other contracting parties "of any military personnel or equipment intended to be sent to the Antarctic in compliance with the conditions provided for in paragraph 2 of Article 1 of the Treaty." The treaty proclaims freedom of scientific research in Antarctica. Article 2 of the Treaty states: "Freedom of scientific research in Antarctica and cooperation for this purpose, as applied during the International Geophysical Year, shall continue." The Antarctic Treaty is open for accession by any state that is a member of the UN, or any other state that may be invited to accede to the Treaty with the consent of all contracting parties. 39. International maritime law International maritime law is a set of international legal principles and norms that regulate the relations of subjects of international law related to activities for the use of the oceans. The delimitation of maritime spaces is an integral part of the territory of the state within which its sovereignty operates: the internal sea and the territorial sea. An exclusive economic zone, an adjacent zone, a continental shelf is a territory not included in the territory of a given state, but subject to its jurisdiction. The subjects of international law, when carrying out their activities in the oceans, affecting the rights and obligations of other subjects of international law, must act not only in accordance with the norms and principles of international maritime law, but also with the norms and principles of international law in general, in the interests of maintaining international peace and security, development of international cooperation and mutual understanding. The spaces of the seas and oceans from the international legal point of view are divided into: 1) spaces under the sovereignty of various states and constituting the territory of each of them; 2) spaces to which the sovereignty of none of them extends. The belonging of a part of the World Ocean to one of the types of maritime spaces determines the legal status of this part of the sea. Legal regime of internal maritime waters in some aspects it differs from the legal regime of the territorial sea, and the legal regime of archipelagic waters does not coincide with the legal regime of either internal waters or the territorial sea, although all these three parts of sea waters are considered respectively the waters of a coastal state, i.e. they have a uniform legal status. A separate type of maritime space is the straits used for international navigation. Maritime channels have a specific international legal regime. Sea channels are artificial structures of a coastal state and its internal waters. The sources of international maritime law are the conventions on the territorial sea and the contiguous zone, on the high seas, on the continental shelf, on fisheries and the protection of the living resources of the sea. The main principles of international maritime law are: 1) the principle of freedom of the high seas: a) freedom of navigation; b) freedom of flight; c) freedom of laying pipeline cables; d) freedom of fishing; e) freedom of scientific research; 2) the principle of using the high seas for peaceful purposes; 3) the principle of rational use of marine resources; 4) the principle of preventing pollution of the marine environment; 5) the principle of freedom of scientific research. 40. Legal regime of the adjacent zone and the exclusive economic zone According to the UN Convention on the Law of the Sea, an economic zone is an area located outside and adjacent to the territorial sea, up to 200 nautical miles wide from the baselines from which the breadth of the territorial sea is measured. A specific legal regime has been established in this area. The Convention granted the coastal state in the exclusive economic zone sovereign rights for the purpose of exploration and exploitation of natural resources (both living and non-living), as well as rights in relation to other activities for the purpose of economic exploration and exploitation of the said zone, such as the right to generate energy by use of water, currents and wind. The coastal State has jurisdiction over the creation and use of artificial islands, installations and structures, marine scientific research and the conservation of the marine environment. Marine scientific research, the creation of artificial islands, installations and structures for economic purposes may be carried out in the exclusive economic zone by other countries with the consent of the coastal state. Other States, both maritime and landlocked, enjoy in the exclusive economic zone the freedoms of navigation, overflight, laying of cables and pipelines and other legal uses of the sea related to these freedoms. The coastal state and other states, when exercising their rights and obligations in the given zone, are duly obliged to take into account the rights and obligations of each other. The contiguous zone is that part of the maritime space adjacent to the territorial sea over which the coastal state may exercise control in certain established areas. The right of the coastal state to establish the contiguous zone in this form and within up to 12 nautical miles was enshrined in the Convention on the territorial sea and the contiguous zone of 1958 (Article 24). The 1982 United Nations Convention on the Law of the Sea also recognizes the right of a coastal state to a contiguous zone in which it may exercise control necessary to: 1) to prevent the violation of customs, fiscal, immigration or health laws and regulations within its territory or territorial sea; 2) punishment for violation of the above laws and regulations, committed within its territory or territorial sea (clause 1, article 33). The UN Convention on the Law of the Sea, in contrast to the Convention on the Territorial Sea and the Contiguous Zone, specifies that the contiguous zone cannot extend beyond 24 nautical miles measured from the baselines for measuring the breadth of the territorial sea. 41. International legal regime of the continental shelf The continental shelf is the seabed, including its subsoil, extending from the outer limit of the territorial sea of a coastal state to the limits established by international law. From a geological point of view, the continental shelf is an underwater continuation of the mainland (continent) towards the sea until its abrupt break or transition into the continental slope. The Convention on the Continental Shelf of 1958 states that the continental shelf is understood to mean the surface and subsoil of the seabed of the submarine areas outside the territorial sea zone to a depth of 200 m or beyond this limit to such a place to which the depth of the overlying waters allows the exploitation of the natural resources of these districts. The United Nations Convention on the Law of the Sea defined the continental shelf of a coastal State as "the seabed and subsoil of the submarine areas extending beyond the territorial sea throughout the natural extension of its land territory to the outer limit of the continental margin or to a distance of 200 nautical miles from the baselines from which the width of the territorial sea is measured when the outer border of the submarine margin of the mainland does not extend to such a distance" (paragraph 1 of article 76). Where the continental margin of a coastal State's shelf extends more than 200 nautical miles, the coastal State may extend the outer limit of its shelf beyond 200 nautical miles, taking into account the location and actual extent of the shelf, but in all circumstances the outer limit of the continental shelf must be not more than 350 nautical miles from the baselines from which the breadth of the territorial sea is measured, or not more than 100 nautical miles from the 2500-meter isobath, which is a line connecting depths of 2500 m (paragraph 5 of article 76). The rights of a coastal state over the continental shelf do not affect the legal status of the overlying waters and the airspace above them. All states have the right to lay submarine cables and pipelines on the continental shelf. Scientific research on the continental shelf within 200 nautical miles may be carried out with the consent of the coastal State. A State may not refuse other countries to conduct marine research on the continental shelf beyond 200 nautical miles, except for those areas in which it is or will be conducting detailed exploration of natural resources. As a rule, coastal states regulate the exploration and development of natural resources and scientific activities on the adjacent shelves with their national laws and regulations. 42. Inland sea waters Internal maritime waters are the waters between the coast of a State and the straight baselines adopted for measuring the breadth of the territorial sea. The internal maritime waters of a coastal State are also considered to be: 1) water areas of ports, limited by a line passing through the most remote points towards the sea of the hydrotechnical and other structures of ports; 2) a sea completely surrounded by the land of one and the same state, as well as a sea, the entire coast of which and both banks of the natural entrance to it belong to the same state (for example, the White Sea); 3) sea bays, bays, estuaries and gulfs, the coasts of which belong to the same state and the width of the entrance to which does not exceed 24 nautical miles. The water areas of seaports are part of inland sea waters. Coastal states have the right to determine the order of access to their ports for ships of other countries, as well as the procedure for their stay there. In the interests of the development of international relations, the coastal states open many of their commercial ports to the free entry of foreign ships without discrimination. According to the International Convention for the Safety of Life at Sea of 1974, entry into seaports of foreign nuclear ships requires advance information to be provided to the relevant coastal state that such entry will not endanger nuclear safety. All vessels during their stay in foreign ports are required to comply with laws and regulations, as well as orders of the authorities of the coastal state, including those on border, customs, sanitary regimes, collection of port dues. When servicing foreign ships and rendering services to them in ports, one of two principles is applied: national treatment or most favored nation. According to international custom and practice of states in inland waters on foreign ships, the internal regulations are governed by the laws and regulations of the country whose flag the ship flies. In 1965, the Convention to Facilitate International Navigation was concluded, which contains recommended standards and practices for simplifying and reducing the formalities and documents related to the entry of ships into, stay in and out of foreign ports. State maritime non-military vessels, including merchant ones, on the basis of custom, enjoyed immunity from foreign jurisdiction at sea. However, the 1958 Geneva Conventions on the territorial sea and the contiguous zone, as well as on the high seas, as well as the 1982 UN Convention on the Law of the Sea, in contrast to this custom, recognize immunity only for state ships operated for non-commercial purposes. 43. Territorial Sea The territorial sea is a sea belt located along the coast, as well as outside the internal sea waters. The sovereignty of the coastal state extends to the territorial sea. The outer boundary of the territorial sea is the state maritime boundary of the coastal State. In the territorial sea, the laws and regulations established by the coastal state apply. In the territorial sea, the sovereignty of the coastal state is exercised, however, with the observance of the right of foreign ships to use innocent passage through the territorial sea of other countries. The normal baseline for measuring the breadth of the territorial sea is the low tide line along the coast. In places where the coastline is deeply indented and winding, or where there is a chain of islands along the coast and in close proximity to it, the method of straight baselines connecting the corresponding points can be used to draw the baseline. When drawing baselines, no noticeable deviations from the general direction of the coast are allowed. In addition, the system of straight baselines cannot be applied by a State in such a way that the territorial sea of another State is cut off from the high seas or exclusive economic zone. The outer limit of the territorial sea may lie between 3 and 1 nautical miles from the baselines for measuring the territorial sea. The International Law Commission noted in 2 that "international law does not permit the extension of the territorial sea beyond 1956 miles." The delimitation of the territorial sea between opposite or adjacent states, in appropriate cases, is carried out by agreements between them. The 1958 Convention on the Territorial Sea and the Contiguous Zone and the 1982 UN Convention on the Law of the Sea provide for the right of innocent passage through the territorial sea for foreign ships. Passage through the territorial sea means navigation of vessels for the purpose of: 1) cross this sea without entering inland waters, as well as without standing in the roadstead or in a port facility outside inland waters; 2) to pass into or out of inland waters, or to stand in a roadstead or in a port facility outside inland waters. The passage of a foreign ship through the territorial sea is considered peaceful unless the peace, good order or security of the coastal state is violated by it. A coastal State shall not stop a foreign ship passing through the territorial sea or change its course for the purpose of exercising civil jurisdiction over a person on board. 44. Legal regime of the high seas The high seas are the expanses of seas and oceans that are outside the territorial sea and are not part of the territory of any of the states. The High Seas Convention of 1958 states: "The words "high seas" mean all parts of the sea that are not included either in the territorial sea or in the internal waters of any state" (Article 1). "No state has the right to claim subjugation of any part of the high seas to its sovereignty" and "the high seas are open to all nations," i.e., are in the free use of all states. The 1958 High Seas Convention determined that freedom of the high seas includes, in particular: 1) freedom of navigation; 2) freedom of fishing; 3) freedom to lay submarine cables and pipelines; 4) freedom of flight over the open sea; 5) freedom to erect artificial installations and islands. Freedom of the high seas also includes freedom of marine scientific research. Freedom of navigation means that every state, whether coastal or landlocked, has the right to have ships under its flag sail on the high seas. The nationality of ships is determined by the flag of the state under which they are entitled to sail. On the high seas, a ship is subject to the jurisdiction of the state whose flag it flies. Freedom of flight implies that the aircraft of all states have the right to fly over the territory of the high seas. States are obliged to take measures to ensure the safety of their aircraft over the high seas. Freedom to lay cables and pipelines means that, when laying new cables and pipelines, States must take into account already laid cables and pipelines and, as far as possible, not create obstacles to the freedom to use the high seas. Freedom to erect artificial installations and islands means that each state has the right to erect islands, installations, structures and operate them on the high seas. The freedom of fishing on the high seas is granted to all states, subject to their compliance with international obligations. The 1982 UN Convention on the Law of the Sea introduced a number of major changes to the legal regime of the high seas. It granted coastal states the right to establish, outside the territorial sea, in the area of the high seas adjacent to it, an exclusive economic zone up to 200 nautical miles wide, which recognizes the sovereign rights of the coastal state to explore and exploit the natural resources of the zone. The freedom of fishing and the freedom of scientific research in the exclusive economic zone were abolished and replaced by new provisions. 45. Legal regime of international straits International straits are natural sea passages connecting parts of the same sea or separate seas and oceans. When establishing the legal regime of the sea straits, states, as a rule, take into account two interconnected factors: the geographical position of a particular strait and its significance for international navigation. Straits that are passages leading to the internal waters of a state or straits that are not used for international navigation and, by virtue of historical tradition, constitute internal sea routes, do not belong to international ones. International straits are considered to be all straits used for international navigation and connecting with each other: 1) parts of the high seas (or economic zones); 2) parts of the high seas (economic zone) with the territorial sea of another or several other states. The provisions of the UN Convention on the Law of the Sea stipulate that it does not apply to a strait used for international shipping if a strait passes along this strait in terms of navigation and hydrographic conditions on the high seas or in the exclusive economic zone. The use of such a route is based on the principle of freedom of navigation and flight. As for the straits used for international navigation between one area of the high seas (or exclusive economic zone) and another area of the high seas (or exclusive economic zone) and overlapped by the territorial sea of the coastal or coastal States, then all ships and aircraft in them enjoy the right transit passage, which should not be obstructed. Transit passage in this case is the exercise of freedom of navigation and overflight solely for the purpose of continuous rapid transit through the strait. According to the Convention, the regime of transit passage does not apply to straits used for international navigation between a part of the high seas (exclusive economic zone) and the territorial sea of another state (for example, the Strait of Tirana), as well as to straits formed by an island of a state bordering the strait and its the continental part, if there is an equally convenient way from the point of view of navigation and hydrographic conditions in the high seas or exclusive economic zone (for example, the Strait of Messina) towards the sea from the island. In such straits, the regime of innocent passage is applied. The UN Convention does not affect the legal regime of the straits, the passage to which is regulated by the international conventions in force, which are in force, which specifically apply to such straits. 46. International air law International air law is a branch of international law, which is a set of special principles and norms that regulate relations between subjects of international law in connection with the use of airspace and determine its legal regime. The main sources in the field of international air law are the Convention on International Civil Aviation, concluded in Chicago in 1944, the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed in Warsaw in 1929, the Rome Convention for the Compensation of Injury Caused by Foreign Air Ship to Third Parties on the Surface, 1952, Tokyo Convention on Offenses and Certain Other Acts on Board Aircraft, 1963 Based on the principle of sovereignty, states establish within their territory the rules for the operation of flights of aircraft and other aircraft. According to Art. 6 of the Chicago Convention "no scheduled international air services may be operated over the territory or in the territory of a contracting state, except with the special permission or other authorization of that state and in accordance with the terms of such permission or authorization." In accordance with Art. 5 of the Chicago Convention, aircraft of the Member States that are not aircraft engaged in scheduled international air services have the right to fly to the territory of another Member State or transit non-stop flights through its territory and make landings for non-commercial purposes without the need to obtain prior permission and provided that the State over whose territory the flight is carried out has the right to require a landing. Flights can be carried out for various purposes: for the transportation of passengers, baggage, cargo and mail, for the purposes of scientific research, search and rescue, exploration of natural resources, and agricultural work. The principle of freedom of flight operates over the high seas, which is the implementation of the principle of freedom of the high seas, which is enshrined in the Geneva Convention on the High Seas of 1958, as well as in the UN Convention on the Law of the Sea of 1982. An aircraft has a national identity, determined by the fact of its registration in a particular state. Acting within their official authority, crew members are representatives of the owner of the ship, who is responsible for their actions. The pilot-in-command has overall responsibility for the aircraft, other crew members, passengers and cargo. 47. International space law International space law is a set of international principles and norms that establish the legal regime of outer space, including celestial bodies, and regulate the rights and obligations of participants in space activities. The sources of space law are: 1) Treaty on the principles of the activities of states in the exploration and use of outer space, including the Moon and other celestial bodies, 1967; 2) Agreement on the Rescue of Cosmonauts, the Return of Cosmonauts and the Return of Objects Launched into Outer Space, 1968; 3) Convention on International Liability for Damage Caused by Space Objects, 1972; 4) Convention on the Registration of Objects Launched into Outer Space, 1974; 5) Agreement on the activities of states on the Moon and other celestial bodies of 1979 The subject of international space law is the legal relations of subjects during the launch of space objects, in the process of using space technology for practical purposes. The object of international space law is outer space, the planets of the solar system, the moon, artificial space objects and their components, space crews, activities for the exploration and use of outer space and celestial bodies, the results of space activities. The subjects of international space law are the subjects of public international law. The following principles of international space law are distinguished: the exploration and use of space for the benefit of all mankind, the equal right of all states to the exploration and use of space, the prohibition of national appropriation of space, the conformity of space activities with international law, the freedom of space for scientific research, the use of the Moon and other celestial bodies exclusively for peaceful purposes, the international responsibility of states for all national space activities. Outer space and celestial bodies are open for exploration and use by all states on the basis of equality, without any kind of discrimination. They are not subject to national appropriation, either by claiming sovereignty over them, or by use or occupation, or by any other means. At the same time, it is necessary to take into account the differences in the regimes of outer space and celestial bodies. The moon and other celestial bodies are to be used exclusively for peaceful purposes. They prohibit the creation of military bases, structures and fortifications, the testing of any type of weapons, the conduct of military maneuvers, the threat or use of force, any other hostile actions or the threat of their commission. 48. International environmental law International environmental law is a set of principles and norms of international law on the prevention, limitation and elimination of damage to the environment from various sources, as well as on the rational, environmentally sound use of natural resources. The principles of international law are: 1) protecting the environment for the benefit of present and future generations. This principle includes the obligation of states to take all necessary actions to preserve and maintain the quality of the environment, including the elimination of negative consequences for it; 2) the principle of inadmissibility of causing transboundary damage, environmentally sound rational use of natural resources. This principle includes the prohibition of actions by states within their jurisdiction or control that would cause damage to foreign national systems of the environment and common areas; 3) the principle of rational use of natural resources. This principle includes rational planning and management of the Earth's resources for the benefit of present and future generations, long-term planning of environmental activities with an environmental perspective, assessment of the possible consequences of the activities of states within their territory, zones of jurisdiction or control for environmental systems beyond these limits; 4) the principle of inadmissibility of radioactive contamination of the environment. This principle includes observance of the rule that excludes "peaceful" harmful contamination of the biosphere with waste from the nuclear industry and transport; 5) the principle of protecting the ecological systems of the World Ocean. This principle includes the obligation of the state to take all necessary measures to prevent, reduce and control pollution of the marine environment from all possible sources, not to transfer directly or indirectly damage or the danger of pollution from one area to another and not to transform one type of pollution into another; 6) the principle of prohibition of military or any other hostile use of means of influencing the natural environment. This principle includes the duty of States to take all necessary measures to effectively prohibit means of environmental impact that have widespread, long-term or serious consequences as a means of destroying, harming or harming any State. The main means of international legal regulation of environmental protection are multilateral treaties that ensure the widest possible participation of states. A specific solution to environmental problems, as practice shows, is most successfully achieved at the regional level. 49. Law of armed conflict The law of armed conflicts is a set of principles and norms of international law that establish mutual rights and obligations of subjects of international law regarding the use of means and methods of conducting armed struggle, regulate relations between belligerents and neutral parties and determine responsibility for violation of the relevant principles and norms. The special principles of the law of armed conflicts are the principles that limit the belligerents in the choice of means and methods of waging war, the principles of protecting the rights of combatants and non-combatants, the principles of protecting the rights of the civilian population, as well as determining the legal regime of civilian objects, the principles of neutrality and relations between belligerent and neutral states. Among the most important sources of the right to wage war are the St. Petersburg Declaration on the Abolition of the Use of Explosive and Incendiary Bullets of 1868, the Hague Conventions of 1899 and 1907. on the laws and customs of war on land, on bombardment by naval forces in time of war, on the rights and duties of neutral powers and persons in the event of a land war, on the rights and duties of neutral powers in the event of a naval war, and some others. The most important international agreements on the means and methods of warfare include: the Geneva Protocol on the Prohibition of the Use in War of Asphyxiating, Poisonous or Other Similar Gases and Bacteriological Means of 1925, the Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict of 1954, the Convention on the Prohibition of military or any other hostile use of means of influencing the natural environment in 1977, etc. The subject of regulation of the rules of warfare are the specific social relations that develop between its subjects in the course of armed conflicts. An international armed conflict is an armed clash between states or between a national liberation movement and the mother country, that is, between the insurgent (belligerent) side and the troops of the corresponding state. An armed conflict of a non-international character is an armed clash between anti-government organized armed groups and the armed forces of the government, taking place on the territory of any one state. Article 48 of Additional Protocol I to the 1949 Geneva Convention states: “In order to ensure respect for and protection of the civilian population and civilian objects, the parties to the conflict must at all times distinguish between the civilian population and combatants, and between civilian objects and military objectives, and accordingly direct their actions only against military objectives". 50. Legal consequences of the outbreak of war The 1907 Hague Convention on the Opening of Hostilities establishes that hostilities between states must not begin without prior and unequivocal warning, which may take the form of either a reasoned declaration of war or an ultimatum with a conditional declaration of war. The fact of a declaration of war, which is not an act of self-defense according to Art. 51 of the UN Charter, does not turn an illegal war into a legal war, but constitutes an act of aggression. The very fact of declaring war becomes an international crime. However, observance of the rules of the law of armed conflict is obligatory, regardless of whether war is declared or not. Declaration of war falls within the competence of the highest organs of state power in each country. A declaration of war, even if it is not accompanied by hostilities, entails the beginning of a legal state of war. However, the actual outbreak of hostilities between states does not necessarily lead to the onset of a state of war. The outbreak of war means the end of peaceful relations between the belligerent states, which entails the rupture of diplomatic and, as a rule, consular relations. The personnel of diplomatic and consular missions have the right to leave the territory of the enemy state. At the same time, the host state, in accordance with the Vienna Convention on Diplomatic Relations of 1961, is obliged to provide the assistance necessary for the earliest possible departure of persons enjoying privileges and immunities, and, if necessary, to provide them with means of transportation. The representation of the interests of one belligerent state and its citizens in another is entrusted to a third, usually neutral state, which maintains diplomatic relations with both belligerent states. With the outbreak of hostilities, the actual implementation of the prescriptions of the rules of warfare takes place. Military operations are deployed within certain spatial limits, called the theater of war, which is understood as the entire territory of the belligerent states (land, sea and air), on which they can potentially conduct military operations. The theater of operations is the territory in which the armed forces of the belligerents actually conduct military operations. The territory (land, sea, air) of neutral and other non-belligerent states must not be used as a theater of military operations. In accordance with international treaties, certain international straits, international channels, individual islands and archipelagos, and individual continents cannot be turned into a theater of military operations. The theater of war cannot include the Moon and other celestial bodies. 51. Prohibited means and methods of warfare The means of conducting military operations are weapons and other military equipment used by the armed forces of the belligerents to destroy the enemy's manpower and materiel, to suppress his forces and ability to resist. The methods of warfare are the order, all kinds of ways to use the means of warfare for the indicated purposes. Means and methods of warfare are divided into prohibited and non-prohibited. According to Art. 35 of Additional Protocol I to the Geneva Conventions of 1949, the right of the parties to the conflict to choose methods and means of warfare is not unlimited. It is forbidden to use weapons, projectiles, substances and methods of warfare that are capable of causing unnecessary damage or unnecessary suffering or making the death of the combatants inevitable, as well as leading to massive destruction and senseless destruction of property. International law prohibits the use in armed conflicts of such types of weapons of mass destruction as chemical and bacteriological. Prohibited means of warfare are bacteriological (biological) weapons, the action of which is based on the use of the pathogenic properties of microorganisms capable of causing epidemics of such dangerous diseases as plague, cholera, typhoid, etc. Article 25 IV of the 1907 Hague Convention prohibits attacking or bombarding in any way undefended cities, villages, dwellings or buildings. The legal basis for the prohibition of the use of this type of weapon of mass destruction is the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on Their Destruction of 1972. This Convention obliges states not only not to develop, produce or acquire any types of bacteriological weapons, but also destroy those weapons. Such methods of warfare as issuing a "leave no one alive" order, the illegal use of the distinctive emblems of the Red Cross, the United Nations, as well as flags, emblems, uniforms of neutral countries or states not participating in the conflict, are prohibited. It is forbidden to kill, injure or capture an enemy by resorting to treachery, which is understood to be actions aimed at gaining the confidence of the enemy and making him believe that he is entitled to protection under international law. At the same time, international law does not prohibit the use of military cunning to mislead the enemy and induce him to act recklessly. 52. Participants in armed conflicts In an armed conflict of an international character, the belligerents are represented by their armed forces. According to Additional Protocol I to the Geneva Conventions of 1949, the armed forces of the belligerents "consist of all organized armed forces, groups and units under the command of a person responsible to that party for the conduct of his subordinates, even if that party is represented by a government or authority not recognized by the adversary. Such armed forces are subject to an internal disciplinary system, which, among other things, ensures compliance with the rules of international law applicable during armed conflicts "(paragraph 1 of article 43). Participants in armed conflicts can be divided into two groups: fighting (combatants) and non-fighting (non-combatants). According to Additional Protocol I, persons who are part of the armed forces of a party to the conflict and who take a direct part in hostilities are combatants. Only combatants have the right to use military force. It is permissible for them to use the highest measure of violence, i.e., physical destruction, in the course of hostilities. Combatants who find themselves in the power of the enemy have the right to demand that they be treated as prisoners of war. Non-combatants include personnel who are lawfully in the structure of the armed forces of the belligerent side, providing it with comprehensive assistance in achieving success in combat operations, but not directly participating in these operations. Non-combatants should not participate in hostilities. These are commissary and medical personnel, correspondents and reporters, clergy, etc. Non-combatants cannot be the direct object of an enemy armed attack. At the same time, they are obliged to use the weapons they have exclusively for the purpose of self-defense and protection of the property entrusted to them. The division of the armed forces into combatants and non-combatants is based on their direct participation in hostilities with weapons in their hands on behalf and in the interests of the belligerent in whose armed forces they are included. A military spy is a person who, acting secretly or under false pretenses, collects or attempts to collect information in the area of operation of one of the belligerents with the intention of communicating it to the opposing side. A volunteer is a person who voluntarily enters the army of one of the belligerents. A mercenary is a person who voluntarily joins military formations leading an armed struggle in defense of illegal colonial, racist and other similar regimes, against national liberation movements. 53. Legal regime of military captivity The main international legal document that defines the regime of military captivity is the Geneva Convention on the Treatment of Prisoners of War of 1949, according to which prisoners of war are the following categories of persons who fell into the power of the enemy side during a war or armed conflict: personnel of the armed forces of the belligerent side; partisans, personnel of militias and volunteer detachments; personnel of organized resistance movements; non-combatants, i.e. persons from the armed forces who are not directly involved in military operations, such as doctors, lawyers, correspondents, various service personnel; members of the crews of ships of the merchant fleet and civil aviation; spontaneously revolted population, if it openly bears arms and observes the laws and customs of war. Prisoners of war are in the power of the enemy state, and not of individuals or military units that have taken them prisoner. Prisoners of war must always be treated humanely. No prisoner of war may be subjected to physical mutilation or scientific or medical experimentation. Discrimination based on race, color, religion, social origin is prohibited. Prisoners of war must be placed in camps and in conditions no less favorable than those enjoyed by the enemy army stationed in the area. Prisoners of war can be involved in work not related to military operations, such as agriculture, trading activities, housework, loading and unloading transport. Prisoners of war can make requests to the military authorities under whose control they are, send complaints to representatives of the protecting power. Prisoners of war elect trustees from among themselves who represent them before the military authorities, the representatives of the protecting power, the Red Cross Society. Prisoners of war must not be deprived of the right to correspond with their families. They have the right to receive parcels with food, clothing, etc. Prisoners of war are subject to the laws, regulations and orders in force in the armed forces of the belligerent state holding them captive. Only a military court can judge a prisoner of war for his misdeeds. Any collective punishment for individual offenses is prohibited. If a prisoner of war has made an unsuccessful attempt to escape, then he only bears a disciplinary sanction, as well as those prisoners of war who assisted him. Prisoners of war shall be released or repatriated immediately after the end of hostilities. For the concentration of all information about prisoners of war, it is planned to create a central information bureau in a neutral country. 54. Neutrality in war Neutrality in time of war is the legal status of a state in which it does not participate in the war and does not provide direct assistance to the belligerents. Rights and obligations of neutral states in time of war, belligerents in relation to neutral states, as well as individuals of both neutral and belligerent states, are governed by the 1907th Hague Convention on the Rights and Duties of Neutral Powers and Persons in the Event of a Land War of XNUMX, according to which the territory of a neutral state is inviolable and cannot be turned into a theater of war. It is prohibited for belligerent states to pass troops and military transports through the territory of a neutral state. A neutral state must not allow belligerent states to create, install or place radio stations and other means of communication and technical devices on its territory. A neutral state may allow belligerents (on an equal footing) to use their means of communication. It is not allowed for neutral states to supply belligerent states with weapons, military and other materials. A neutral state has the right to repel attacks on its neutrality with the help of its armed forces. If the troops of one of the belligerents find themselves on the territory of a neutral state, it is obliged to intern them and place them far from the theater of operations. A neutral state has the right to allow the transportation of wounded and sick belligerents through its territory, provided that there are no weapons and ammunition in the transports. A neutral state is obliged to prevent the opening of recruitment centers and the formation of military detachments on its territory for the belligerents. A neutral state is not responsible if its citizens cross the border alone and join the belligerent army. Neutrality in a naval war is regulated by the XIII Hague Convention on the Rights and Duties of Neutral Powers in the Event of a Naval War of 1907, according to which any military action by the belligerents is prohibited in the territorial waters of a neutral state. The neutral state is obliged to prevent the outfitting or arming of one of the parties of any ship, as well as its exit from the territorial waters, if there is reason to believe that it will take part in hostilities on the side of one of the belligerents. The airspace over the territory of a neutral state is inviolable. It is forbidden to fly through it the aircraft of the belligerents, to pursue the enemy or to engage him in battle. The belligerents are allowed to transport sick and wounded belligerents by aircraft. 55. Military occupation Military occupation is a type of temporary stay of significant military formations on the territory of a foreign state in a state of war between this state and the state of ownership of such formations, in which the effective exercise of power by the government of the state to which the occupied territory belongs, and administrative power is exercised within the limits determined international law, the highest command instances of military formations. Military occupation does not extend the sovereignty of the occupying state to the territory occupied by its troops. It is forbidden to compel the population of an occupied region to give information about the army of another belligerent state or about its means of defense. Honor and family rights, the lives of individuals and private property, as well as religious beliefs and the practice of the faith, must be respected. Duties should not include obligations for the population to take part in hostilities against their fatherland. The occupying state's army occupying an area may seize the movable property of the enemy state capable of serving for military operations, including money, funds, and debt claims. The occupying state is obliged to preserve the basic value of public buildings, real estate, forests and agricultural lands belonging to the enemy state. Prohibited and prosecuted: deliberate seizure, destruction or damage to the property of communities, ecclesiastical, charitable, educational, artistic and scientific institutions, both private and public, as well as historical monuments, artistic and scientific works. The Geneva Convention for the Protection of Civilians in Time of War of 1949 prohibits the removal and deportation of civilians from occupied territory to the territory of the occupying power or to the territory of a third state, as well as the transfer of part of one's own civilian population to occupied territory. Full or partial evacuation of a certain area is allowed due to particularly weighty considerations of a military nature or for the safety of the population. It is allowed to involve the inhabitants of the occupied territory in forced labor only for the needs of the occupying army or the local population. Criminal law must remain as it was before the occupation, except for provisions that pose a threat to the security of the occupying power. The occupying army cannot use the population in military installations and defensive works. The judicial authorities of the occupied territory must be allowed to continue to exercise their functions. 56. End of the war The end of hostilities and the state of war are acts that differ from one another both in the way they are legally formalized and in the legal consequences that they generate for the belligerents. Armistice and capitulation are forms of cessation of hostilities. A truce is a temporary cessation of hostilities, carried out on the basis of a mutual agreement between the parties to an armed conflict. There are two types of truce: local and general. A local truce is a suspension of hostilities between separate units and subunits in a limited area of hostilities. As a rule, it is aimed at solving particular problems: the selection of the wounded and sick, the burial of the dead, the evacuation of civilians from besieged areas, the sending of parliamentarians, etc. A general truce is the suspension of hostilities everywhere or their complete cessation. A specific form of suspension of hostilities is the implementation by the states participating in the conflict of the decision of the Security Council, adopted on the basis of Art. 40 of the UN Charter, on "interim measures", which may include, in particular, a ceasefire, the withdrawal of troops to previously occupied positions, the liberation of a certain territory, etc. According to the IV Hague Convention on the Laws and Customs of Land Warfare of 1907, any significant violation of the truce by one of the parties gives the other the right to refuse it and even (in extreme cases) immediately resume hostilities (Article 40). However, violation of the terms of the armistice by individuals acting on their own initiative only gives the right to demand punishment for those responsible and compensation for losses incurred, if any (Article 41). Surrender is the cessation of resistance by the armed forces or part of them. As a rule, upon surrender, all weapons, military equipment, warships, and aircraft are transferred to the enemy. Surrendering troops are subject to military captivity. Surrender differs from a truce in that the capitulating side is deprived of even formal equality with the winner. The main international legal means of ending the state of war between the belligerents is the conclusion of a peace treaty by them. These peace treaties cover a wide range of issues related to the settlement of political, economic, territorial and other problems (the exchange of prisoners of war, the liability of war criminals, the renewal of treaties, restitution, reparations, the restoration of diplomatic and consular relations, etc.) in connection with the termination of the state war and the restoration of peace between the belligerents. Author: Virko N.A.
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