(quasi-states) are derived entities international law, because as well as international organizations, they are created by primary subjects - sovereign states.
By creating, states endow them with an appropriate amount of rights and obligations. This is what it consists fundamental difference quasi-states from the main subjects of international law. For the rest, state-like education possesses all the features inherent in a sovereign state: its own territory, state sovereignty, supreme bodies state power, the presence of their own citizenship, as well as the ability to act as a full participant in international legal relations.
State-like formations are, as a rule, neutralized and demilitarized.
The theory of international law distinguishes the following types state- similar formations :
1) political-territorial (Danzig - 1919, West Berlin - 1971).
2) religious-territorial (Vatican - 1929, Order of Malta - 1889). Currently, the subject of international law is only one religious-territorial state-like entity - the Vatican.
The Order of Malta was recognized as a sovereign military entity in 1889. Its seat is Rome (Italy). The main purpose of the Order is charity. At present, the Order has established diplomatic relations with sovereign states (104), signifying its international recognition. In addition, the Order has observer status at the UN, its own currency and citizenship. However, this is not enough. The Order has neither its territory nor its own population. From which it follows that he is not a subject of international law, and his sovereignty and ability to participate in international relations can be called a legal fiction.
The Vatican, unlike the Order of Malta, has almost all the features of a state: its own territory, population, supreme authorities and administration. The peculiarity of its status lies in the fact that the purpose of its existence is to represent the interests of catholic church on international arena, and almost the entire population is subjects of the Holy See.
The international legal personality of the Vatican was officially confirmed by the Lateran Treaty of 1929. However, long before its conclusion, the institution of the papacy received international recognition. Currently, the Holy See has established diplomatic relations with 178 sovereign states and other subjects of international law - the European Union and the Order of Malta. It should be noted that the entire volume of international legal personality granted to the Vatican is exercised by the Holy See: it participates in international organizations, concludes international treaties, establishes diplomatic relations. The Vatican itself is only the territory of the Holy See.

It is customary to classify derivative subjects of international law as special political-religious or political-territorial units, which, on the basis of an international act or international recognition have a relatively independent international legal status.

Such political-religious and political-territorial units in international law are called state-like entities.

State-like formations (quasi-states) - special kind subjects of international law that have some features (features) of states, but are not such in the generally accepted sense.

They are endowed with an appropriate amount of rights and obligations and thus become subjects of international law.

K.K. Gasanov singles out the following signs state-like formations:

1) territory;

2) permanent population;

3) citizenship;

4) legislative bodies;

5) government;

6) international treaties.

The question arises: why are state-like formations not among the primary ones?

The answer to this question is given by R.M. Valeev: state-like formations do not have such a property as sovereignty, because, firstly, their population is not a people, but part of a nation or representatives of various nations; secondly, their international legal capacity severely limited, real independence in international sphere they don't have. The appearance of such formations is based on international instruments(contracts).

In the historical aspect, the “free cities”, West Berlin, are referred to as state-like formations, and at present the most striking examples are the Vatican and the Order of Malta.

The Free City is a self-governing political entity that has been granted an international legal status by an international treaty, allowing it to participate mainly in economic, administrative and cultural international legal relations.

The creation of a free city, as historical experience shows, is usually the result of a settlement controversial issue about its belonging to one state or another.

In 1815, to resolve the contradictions between the great powers, the Treaty of Vienna declared Krakow a free city under the auspices of Russia, Austria and Prussia. In 1919, an attempt was made to resolve the dispute between Germany and Poland regarding Danzig (Gdansk) by granting it the status of a free city under the guarantee of the League of Nations. The external relations of the city were carried out by Poland.

To settle the claims of Italy and Yugoslavia regarding Trieste, the Statute of the Free Territory of Trieste was developed. The territory was to have a constitution, citizenship, a people's assembly, and a government. At the same time, the constitution and the activities of the government had to comply with the Statute, i.e. international legal act. In 1954, Italy and Yugoslavia divided the territory of Trieste between them.

state-like entity international law

Therefore, the highest legal act for him, as mentioned above, is international treaty, which determines the special international legal personality of the city.

West Berlin had a unique international legal status in accordance with the Quadripartite Agreement of the USSR, Great Britain, the USA and France of September 3, 1971. These states retained the Nazi Germany, and then, in the conditions of the existence of two German states, special rights and responsibilities in relation to West Berlin, which maintained official relations with the GDR and the FRG. The GDR government concluded a number of agreements with the West Berlin Senate. The German government represented the interests of West Berlin in international organizations and conferences, provided consular services to its permanent residents. The USSR established a consulate general in West Berlin. Due to the unification of Germany, formalized by the Treaty of the Final Settlement concerning Germany of 12 September 1990, the rights and responsibilities of the four powers in relation to West Berlin were terminated as it became part of the united Federal Republic of Germany.

The question of the international legal personality of the Vatican and the Order of Malta has a certain specificity. They will be discussed in more detail in the following sections of this chapter.

Thus, state-like entities should be classified as derivative subjects of international law, since their legal personality is the result of the intentions and activities of the primary subjects of international law.

State-like formations

State-like entities have a certain amount of international legal personality. They are endowed with an appropriate amount of rights and obligations and thus become subjects of international law. Such formations have territory, sovereignty, have their own citizenship, legislative assembly, government, international treaties.

Among them were the so-called. Free Cities, West Berlin. This category of entities includes the Vatican, the Order of Malta and Mount Athos. Since these formations are most like mini-states and have almost all the features of a state, they are called "state-like formations".

The legal capacity of free cities was determined by the relevant international treaties. Thus, according to the provisions of the Vienna Treaty of 1815, Krakow was declared a free city (1815-1846). According to the Versailles Peace Treaty of 1919, Danzig (Gdansk) (1920 - 1939) enjoyed the status of a "free state", and in accordance with the peace treaty with Italy of 1947, the creation of the Free Territory of Trieste was provided, which, however, was never created.

West Berlin (1971-1990) had a special status granted by the quadripartite agreement on West Berlin in 1971. In accordance with this agreement, the western sectors of Berlin were united into a special political entity with their own authorities (the Senate, the prosecutor's office, the court, etc.), to which some of the powers were transferred, for example, the issuance of regulations. A number of powers were exercised by the allied authorities of the victorious powers. The interests of the population of West Berlin in international relations were represented and defended by consular officials of the FRG.

Vatican- a city-state located within the capital of Italy - Rome. Here is the residence of the head of the Catholic Church - the Pope. The legal status of the Vatican is determined by the Lateran Agreements signed between the Italian state and the Holy See on February 11, 1929, which are basically still in force today. In accordance with this document, the Vatican enjoys certain sovereign rights: has its own territory, legislation, citizenship, etc. The Vatican actively participates in international relations, establishes in other states permanent missions(there is also a representative office of the Vatican in Russia), headed by papal nuncios (ambassadors), participates in international organizations, conferences, signs international treaties, etc.

Order of Malta is a religious formation with an administrative center in Rome. The Order of Malta actively participates in international relations, concludes agreements, exchanges representations with states, has observer missions in the UN, UNESCO and a number of other international organizations.

Holy Mount Athos (Athos) is an independent monastic state located on a peninsula in Eastern Greece, in the Chalkidiki region. It is in the possession of a special Orthodox monastic association. Management is carried out jointly by representatives of each of the 20 monasteries. The governing body of Athos is the Holy Kinot, which includes representatives of all 20 monasteries of Athos. And the highest church authority on Athos does not belong to the Athenian patriarch, but to the Patriarch of Constantinople, as in the Byzantine era. Entry into the territory of a state-like entity is prohibited for women and even for female pets. Pilgrims to visit the Holy Mount Athos need to obtain a special permit - "diamonitirion". IN last years The European Council has repeatedly demanded that the Greek government open access to Athos to everyone, including women. Orthodox Church strongly opposes this in order to preserve the traditional monastic way of life.

International legal personality of other participants international relations(TNC, INGO, individual, humanity), including state-like entities

Legal personality of state-like entities

In international law, in accordance with interstate treaties in the past and at present, a special international legal status is granted to some political-territorial (state-like) entities. In accordance with such international treaties, these entities are endowed with certain rights and obligations and thus become subjects of international legal regulation. Their international legal personality is determined by the fact that they are capable of independently, independently of states and other subjects of international legal communication, to implement the established legal rights and responsibilities. The relevant international legal capacity is determined by the provisions of the said treaties and, in some cases, customary law. These include:

• 1) free cities. In the past, they had a special international legal status. Thus, according to the Vienna Treaty of 1815, Krakow was proclaimed a "free, independent and completely neutralized" city (it existed until 1846). The Versailles Peace Treaty of 1919 established a special international legal status for the "free state" of Danzig (1920–1939). The 1947 peace treaty with Italy provided for the formation of the "Free Territory of Trieste" (practically it was not formed; parts of it became part of Italy and Yugoslavia);
• 2) West Berlin - also had a special international legal status. The main international legal act that regulated its international legal status, there was a quadripartite agreement between the USSR, the USA, Great Britain and France dated 03.09.197 i. According to the agreement, the western sectors of the city were united into a special political entity with their own authorities (the Senate, the prosecutor's office, etc.), to which part of the state powers were transferred. A number of powers were exercised by the allied authorities of the victorious powers. The interests of the population of the city in international relations were represented and defended by consular officials of the FRG. The status of West Berlin ended in 1990;
• 3) Vatican - the residence of the head of the Catholic Church (the Pope) in a special area of ​​​​Rome, sometimes called the city-state. Its legal status is determined by the 1984 agreement between Italy and the "Holy See". Vatican supports external Relations with many states, in particular with Catholic countries; he establishes his permanent representations in them, headed by papal nuncios or legates. The Vatican participates in many international conferences and is a member of many international agreements. In addition, it is a member of a number of universal international organizations (UPU, IAEA, ITU, etc.), has permanent observers at the UN, ILO, UNESCO and some other organizations.

The problem of the international legal personality of an individual

For a long time, domestic science denied the quality of international legal personality to individuals. The situation changed during the period of "perestroika" in the USSR, when many scientists began to call for a revision of this point of view. The fact is that states, as the main subjects of international law, are increasingly creating norms aimed not only at regulating their mutual relations, but also norms addressed to other persons and entities by coordinating their wills. These norms may be addressed by INGOs, individual international bodies (commissions, committees, judicial and arbitration bodies), employees of IMGOs, i.e. individuals and entities that do not themselves have the ability to create norms of international law.

Although most of the norms aimed at influencing the legal status of an individual are directly addressed to states and oblige them to provide individuals with a certain set of rights and freedoms, in some cases related to the activities of international human rights bodies, international legal norms determine the rights and duties of an individual directly.

More complicated, of course, is the situation with the international legal personality of individuals in relation to international documents in the field of human rights in cases where the individual cannot speak directly to international bodies.

Of course, most often the norms of international law aimed at regulating the behavior of individuals or legal entities- subjects of domestic law, act in relation to them not directly, but indirectly by the norms national law. However, in a number of cases, rights and obligations under international law are directly vested in individuals and entities that do not have the ability to create norms of international law.

In fact, the circle of persons and entities that are the subject of international law depends on what definition of the subject of international law is given. If the subjects of international law are defined as "formations independent of each other, not subordinate in the field of international relations to any political power having the legal capacity to independently exercise the rights and obligations established by international law", then individuals and legal entities, as well as INGOs, do not have the quality of international legal personality. If, however, all persons and entities - bearers of rights and obligations directly in force of international law, then it will be necessary to recognize individuals as subjects of international law, including employees of the MMPO, a certain circle of legal entities, INGOs, and various international bodies.

Most likely, in international law we should talk about two categories of subjects. The first group includes those who have rights and obligations directly arising from the norms of international law, and are themselves directly involved in the creation of these norms, in ensuring their observance. First of all, these are states, as well as peoples and nations exercising their right to self-determination, MMPO. The second category includes individuals, INGOs, a number of international economic associations (IChO), international bodies (commissions, committees, judicial and arbitration bodies). They, having a certain rather limited range of rights and obligations under international law, do not themselves directly participate in the process of creating norms of international law.

• International law: textbook / ed. G. I. Tunkina. M., 1982. S. 82.

State-like formations- derived subjects of international law. This term is a generalized concept, since it applies not only to cities, but also to certain areas. G.p.o. are created on the basis of an international treaty or a decision of an international organization and represent a kind of state with limited legal capacity. They have their own constitution or act of a similar nature, supreme government bodies, citizenship. There are political-territorial (Danzig, Gdansk, West Berlin) and religious-territorial state-like formations (Vatican, Order of Malta). Currently, there are only religious-territorial state-like entities. Such entities have territory, sovereignty; have their own citizenship, legislative assembly, government, international treaties. Most often, such formations are temporary and arise as a result of unsettled territorial claims. various countries to each other.

What is common to political-territorial formations of this kind is that in almost all cases they were created on the basis of international agreements, as a rule, peace treaties. Such agreements endowed them with a certain international legal personality, provided for an independent constitutional structure, a system of organs government controlled, the right to publish regulations, have limited armed forces. These are free cities in the past (Venice, Novgorod, Hamburg, etc.) or in modern times (Danzig). West Berlin had a special status after the Second World War (before the unification of Germany in 1990).

The Order of Malta was recognized as a sovereign entity in 1889. Seat of the Order - Rome. Its official purpose is charity. It has diplomatic relations with many states. The order does not have its own territory or population. Its sovereignty and international legal personality are a legal fiction.

State-like subjects of international law include Vatican. This is the administrative center of the Catholic Church, headed by the Pope, "state-city" within the Italian capital - Rome. The Vatican has diplomatic relations with many states in various parts world (including with Russia), permanent observers to the UN and some other international organizations, takes part in international conferences of states. Legal status The Vatican is defined by special agreements with Italy in 1984.

21. the issue of compliance with, application and interpretation of international treaties. invalidity of international treaties. Suspension and termination of contracts.

Each valid contract is binding on the participants. The participants must fulfill in good faith the obligations assumed under the treaty and cannot invoke the provisions of their internal law as an excuse for not fulfilling the treaty (Article 27 of the 1969 Vienna Convention

Section 2 of this part of the Convention, dealing with the application of treaties, contains Art. 28-30. The first of these establishes that treaties do not have retroactive effect, unless otherwise clear from the treaty or otherwise established. According to Art. 29, a treaty is binding on each State Party in respect of its entire territory, unless otherwise clear from the treaty or otherwise provided. Article 30 deals with the application of successive treaties relating to the same subject.

Besides, general rule is that contracts do not have retroactive, i.e. do not apply to events that took place before the entry into force of the treaty . In addition, unless otherwise follows from the contract, it applies to all territories contracting states.

interpretation aims at clarifying the meaning of the text of the treaty, while application involves establishing the consequences for the parties, and sometimes for third states. Interpretation itself can be defined as a legal procedure which, in connection with the application of a treaty to real occasion is aimed at clarifying the intentions of the parties when concluding a contract by examining the text of the contract and other relevant materials. The interpretation of an international treaty must be carried out in accordance with the basic principles of international law. It must not lead to results contrary to these principles, nor violate the sovereignty of states and their fundamental rights. The next principle is conscientious interpretation, that is, honesty, lack of desire to deceive the counterparty, the desire to establish the true meaning of the international treaty enshrined in its text.

The main object of interpretation of decisive importance is the text of the treaty, which includes all parts of the treaty, including the preamble and, where appropriate, annexes, as well as any agreement relating to the treaty that has been reached between all the parties in connection with the conclusion of the treaty, and any document drawn up by one or more of the parties in connection with the conclusion of a contract and accepted by the other parties as a document relating to the contract.

International interpretation is the interpretation of a treaty by international bodies provided for by states in the international treaty itself or authorized by them later, when a dispute over interpretation has arisen, to resolve this dispute. Such bodies may be specially created commissions or international Court(arbitration). In the first case, one speaks of international administrative interpretation, in the second, of international judicial interpretation.

informal interpretation. This is the interpretation given by lawyers, legal historians, journalists, public organizations And politicians. This also includes the doctrinal interpretation given in scientific works on international law.

An authentic interpretation of an international treaty can be embodied in various forms: special agreement or additional protocol, exchange of notes, etc.

An international treaty is declared null and void If:

1) it was concluded with a clear violation of internal constitutional norms regarding the competence and procedure for concluding an agreement (Article 46 of the Vienna Convention);

2) consent to an obligation under the contract was given by mistake, if the error concerns a fact or situation that existed at the conclusion of the contract and constituted an essential basis for consent to be bound by the contract (Article 48 of the Vienna Convention);

3) the state concluded the contract under the influence of fraudulent actions of another state participating in the negotiations (Article 49 of the Vienna Convention);

4) the consent of the state to be bound by the treaty was expressed as a result of direct or indirect bribery of its representative by another state participating in the negotiations (Article 50 of the Vienna Convention);

5) the representative of the state agreed to the terms of the contract under duress or threats directed against him (Article 51 of the Vienna Convention);

6) the conclusion of the treaty was the result of the threat or use of force in violation of the principles of international law embodied in the UN Charter (Article 52 of the Vienna Convention);

7) the contract at the time of conclusion is contrary to the basic principles of international law (Article 53 of the Vienna Convention).

Distinguish types of invalidity international treaty:

1) relative - the signs are: violation of internal constitutional norms, mistake, deceit, bribery of a representative of the state;

2) absolute - the signs include: coercion of the state or its representative; the contradiction of the treaty to the basic principles or peremptory norm of general international law (jus cogens).

The termination of international treaties is the loss of its legal effect. Termination of the contract is possible in the following cases:

1. When executing international treaties.

2. Upon expiration of the contract.

3. With the mutual consent of the parties.

4. When a new peremptory norm general international law.

5. Denunciation of a treaty means the lawful refusal of the state from the treaty on the terms stipulated by the agreement of the parties in the treaty itself, is carried out supreme body state authorities, with the notification of the counterparty.

6. Recognition of the treaty as invalid due to coercion of the state to sign it, deceit, error, contradiction of the treaty with the norm of jus cogeiu.

7. Termination of the existence of the state or change of its status.

9. Cancellation - recognition of the contract as invalid unilaterally. The legitimate grounds are: a significant violation by the counterparty of obligations under the contract, invalidity of the contract, termination of the existence of the counterparty, etc.

10. Occurrence of a resolutive condition; the contract may provide for a condition upon the occurrence of which the contract is terminated.

11. Suspension of the contract - termination of its action for a certain (indefinite) time. This is a temporary break in the operation of the treaty under the influence of various circumstances. Suspension of the treaty has the following consequences (unless the parties agree otherwise):

releases participants from the obligation to comply with it during the period of suspension;

does not affect other stipulated by the contract legal relations between participants

7 question main sources of international law

Sources of international law are the forms of existence of international legal norms. Under the source of international law is understood the form of expression and consolidation of the norms of international law. A document containing a rule of law. Types of sources of international law: 1) basic: international treaties; international (international legal) customs; 2) derivatives: acts international conferences and meetings resolutions of international organizations. (UN General Assembly resolutions).

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 - these are the rules of conduct as a result of repeated repetition for a long time, acquired the tacit recognition of the subjects of international law.

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.

8. international treaty as a source of international law