• The concept of international law
    • The concept of international law and its features
    • International law
      • Classification of international law
      • Creation of norms of international law
    • International legal sanctions and international control
    • International legal relations
    • Legal facts in international law
  • Rule of Law in modern international law
    • The origin of the concept of the rule of law
    • The legal content of the rule of law concept: goals, structural content, direction of regulatory impact, connection with other concepts that are comparable in their essence
  • The principle of good faith as the basis for the effectiveness of international law
    • The legal essence of the principle of good faith
      • Correlation of the principle of good faith with other principles and institutions of international law
    • The principle of good faith and the principle of inadmissibility of abuse of law
      • The principle of good faith and the principle of non-abuse of rights - page 2
  • Formation, general nature, sources and system of modern international law
    • Formation and general nature of modern international law
    • Sources of international law
      • Decisions of international organizations as sources of international law
    • System of international law
    • Codification of international law
  • Subjects and object of modern international law
    • The concept and types of subjects of international law. Contents of international legal personality
    • States are the main subjects of international law
    • International legal personality of nations and peoples fighting for their independence
    • International legal recognition as an institution of law
      • Declarative and constitutive theories on the meaning of international legal recognition
      • International organizations - secondary subjects of international law
    • Legal status of a person in international law
    • Object of international law and international legal relations
      • Object of international law and international legal relations - page 2
  • Basic principles of international law
    • The concept of the basic principles of international law
    • Principles for the maintenance of international law and security
    • General principles of interstate cooperation
    • The principle of good faith as a general principle of law and as one of the fundamental principles of modern international law
  • Interaction of international and domestic law
    • Sphere of interaction of international and domestic law
    • Impact of domestic law on international law
    • Impact of international law on domestic law
    • Doctrines of the relationship between international and domestic law
  • Law of international treaties
    • International treaty and the law of international treaties
    • Structure of international treaties
    • Conclusion of international treaties
    • Validity of international treaties
    • Validity and application of treaties
    • Interpretation of international treaties
    • Termination and suspension of the operation of international treaties
  • Law of international organizations
    • The concept and main features of an international organization. Classification of international organizations
    • The procedure for the creation of international organizations and the termination of their existence
    • Legal personality of international organizations
    • > The legal nature of international organizations and the organization of their activities
      • Rights of international organizations
      • The nature of legal acts of international organizations
    • UN as an international organization
      • Organization structure
      • Universal Declaration of Human Rights
      • Human rights issues
    • UN Specialized Agencies
      • UNESCO and WHO
      • International Civil Aviation Organization, Universal Postal Union, International Telecommunication Union
      • World Meteorological Organization, International Maritime Organization, World Intellectual Property Organization
      • International Fund for Agricultural Development, General Agreement on Tariffs and Trade, IAEA
      • The World Bank
    • Regional organizations
      • Commonwealth of Independent States (CIS)
  • Diplomatic and consular law
    • The concept and sources of diplomatic and consular law
    • Diplomatic missions
      • Representative staff
    • Consular offices
      • Privileges and immunities of consular posts
    • Permanent missions of states to international organizations
    • Special missions
  • International Security Law
    • The concept of the morality of international security
    • Special principles of international security
    • General system of collective security
    • UN activities to celebrate the Year of Dialogue among Civilizations under the auspices of the United Nations
    • Regional collective security systems
    • Disarmament is a key issue of international security
    • Neutrality and its role in maintaining international peace and security
  • Human rights and international law
    • Population and its composition, citizenship
    • Legal status of foreigners
    • Asylum right
    • International cooperation on human rights issues
    • International protection of the rights of women and children
    • International protection of minority rights
    • The human right to decent housing
      • Obligations of Governments to Ensure the Human Rights of Adequate Housing
      • The “Recognition” Institute for Ensuring the Right to Adequate Housing
      • Elements of housing rights
      • Opportunities for considering housing rights in court
  • International cooperation in the fight against crime
    • The main forms of international cooperation in the fight against crime and its legal basis
    • Combating international and international crimes
      • Drug distribution and trade
    • Legal assistance in criminal cases
    • International Criminal Police Organization - Interpol
  • International economic law
    • The concept of international economic law and its sources. Subjects of international economic law
    • International legal framework for economic integration
    • Improving the system of international economic relations and the formation of a new economic order
    • Special principles of international economic law
    • The main spheres of international economic relations and their legal regulation
    • International organizations in the field of interstate economic relations
  • Territory in international law (general issues)
    • State territory
    • State border
    • Legal regime of international rivers
    • Demilitarization of the territory
    • The legal regime of the Arctic and Antarctic
  • International maritime law
    • The concept of international maritime law
    • Internal sea waters and territorial sea
    • Adjacent and economic zones
    • Legal regime of the high seas
    • The concept and legal regime of the continental shelf
    • Legal regime of international straits and canals
  • International air law
    • The concept of international air law and its principles
    • The legal regime of airspace. International flights
    • International air services
  • International space law
    • Concept and sources of international space law
    • International legal regime of outer space and celestial bodies
    • International legal regime of space objects and astronauts
    • International legal responsibility for activities in outer space
    • Legal framework for international cooperation in the peaceful uses of outer space
    • The significance of practical measures by the world community for the peaceful uses of outer space
  • International environmental law
    • The concept of international environmental law, its principles and sources
    • International organizations and conferences in the field of environmental protection
    • Protection of the World Ocean environment, protection of the atmosphere and prevention of climate change, protection of flora and fauna
    • Protection of the aquatic environment of international rivers and the environment of the polar regions
    • Environmental protection in the process of space and nuclear activities
    • International legal regulation of hazardous waste management
  • International legal means of resolving international disputes
    • Essence of the peaceful settlement of international disputes
    • Means for resolving international disputes
    • Settlement of international disputes by a court
      • Creation of a new International Court of Justice within the United Nations
      • Dispute Resolution Procedure
      • UN Bodies and Specialized Agencies Authorized to Request an Advisory Opinion from the Court
    • Dispute resolution in international organizations
  • International law in times of armed conflict
    • The concept of the law of armed conflict
    • The beginning of the war and its international legal consequences. Participants in the war (armed conflict)
    • Means and methods of warfare
    • War neutrality
    • International legal protection of victims of armed conflicts
    • The end of the war and its international legal consequences
    • Development as a way to prevent conflicts

International legal personality of nations and peoples fighting for their independence

A feature of modern international law from the point of view of its subjects is that nations and peoples who are fighting for their state independence are recognized as participants in international legal relations and the creation of international law.

The struggle of nations and peoples for the formation of their own independent state is legal in accordance with international law and the UN Charter. This follows from the right of nations to self-determination - one of the most important international legal principles.

The UN Charter and other international legal documents in the relevant sections use the term "people" as a subject of self-determination, which does not affect the essence of the problem. In our science, the terms "people" and "nation" are considered equivalent and are often used both together.

The struggle of peoples (nations) for the formation of their own independent states is legal in any form - peaceful and non-peaceful, including in the form of a national liberation war. Moreover, the violent obstruction of the exercise of the right to self-determination, the preservation of colonialism in any form - old (in the form of any kind of direct colonial possession, occupation, protectorates, etc.) and new - in the form of neo-colonialism (unequal treaties, enslaving loans and credits, other foreign control) are incompatible with international law.

In the course of the national liberation struggle, peoples can create their own governing bodies that exercise legislative and executive functions and express the sovereign will of the nations. In such cases, the struggling nations become participants in international legal relations, subjects of international law, which exercise their international rights and obligations through the above-mentioned bodies. These were, for example, the National Liberation Front of Algeria, the Popular Movement for the Liberation of Angola (MPLA), the Liberation Front of Mozambique (FRELIMO), the People's Organization of South West Africa (SWAPO). This is the Palestine Liberation Organization (PLO).

Like sovereign states, nations fighting for their state independence have full international legal personality, they can enter into relations with other states and international organizations, send their official representatives for negotiations, participate in international conferences and international organizations, conclude international treaties ... In the course of the armed national liberation struggle, nations and peoples, like states, enjoy the protection of the norms of international law designed in the event of war (on the regime of the wounded, prisoners of war, etc.), although these norms are often violated. In all these cases, we are talking, in essence, about the newly independent states being born in the course of the national liberation struggle, and therefore they are considered full subjects of international law.

International organizations

Only international intergovernmental organizations belong to the derivative (secondary) subjects of international law. Non-governmental international organizations do not possess this quality.

Unlike the legal personality of states, the legal personality of international intergovernmental organizations is functional in nature, since it is limited by the competence, as well as the goals and objectives defined by the constituent document.

Often, international organizations are recognized as having the right to “implied powers”, that is, those that the organization is entitled to exercise in order to carry out statutory functions, but which are not spelled out in the charter. This concept can be accepted if it implies the consent of the members of the organization.

In addition to intergovernmental organizations, other international bodies may also be subjects of international law. So, in accordance with Art. 4 of the Rome Statute of the International Criminal Court of July 17, 1998, the named court has international legal personality. Naturally, the legal personality of the International Criminal Court is limited in comparison with that of intergovernmental organizations. The International Criminal Court has such international legal personality that is necessary for the implementation of the goals and objectives within its competence.

Nations (peoples) fighting for independence

If a nation (people) begins a struggle for independence and creates liberation bodies that effectively manage and control a significant part of the people and territory, ensure compliance with the MP standards during the struggle, and also represent the people in the international arena, then they can be recognized as / d legal property.

The belligerent - the National Committee "Fighting France", later - the French Committee for National Liberation, Palestine Liberation Organization (PLO).

State-like formations

The Vatican (Holy See) belongs to the state-like formations.

The Vatican State is a special entity created in accordance with the Lateran Treaty between Italy and the Holy See of February 11, 1929 and endowed with some features of statehood, which means a purely formal expression of the independence and independence of the Vatican in world affairs.

It is now generally accepted that the Holy See is a subject of international law. He received such recognition from the international community due to his international authority as an independent leading center of the Catholic Church, uniting all Catholics in the world and actively participating in world politics.

It is with the Vatican (Holy See), and not with the city-state, that the Vatican maintains diplomatic and official relations of 165 countries of the world, including the Russian Federation (since 1990) and practically all CIS countries. The Vatican participates in many bilateral and multilateral international agreements. Has the status of an official observer at the UN, UNESCO, FAO, is a member of the OSCE. Vatican concludes special international treaties- concordats that regulate the relationship of the Catholic Church with government authorities, has ambassadors in many countries called nuncio.

In the international legal literature, one can find the statement that the Sovereign Military Order of St. John of Jerusalem, Rhodes and Malta (Order of Malta).

After the loss of territorial sovereignty and statehood on the island of Malta in 1798, the Order, reorganized with the support of Russia, settled in Italy in 1844, where its rights of sovereign formation and international legal personality were confirmed. Currently, the Order maintains official and diplomatic relations with 81 states, including the Russian Federation, is represented by an observer at the UN, and also has its official representatives at UNESCO, FAO, the International Committee of the Red Cross and the Council of Europe.

The headquarters of the Order in Rome enjoys immunity, and the head of the Order, the Grand Master, has the immunities and privileges inherent in the head of state.

However, the Order of Malta is inherently an international non-governmental organization carrying out charitable activities. The retention of the term "sovereign" in the name of the Order is a historical anachronism, since only the state possesses the property of sovereignty. Rather, this term in the name of the Order of Malta from the point of view of modern international legal science means "independent" than "sovereign".

Therefore, the Order of Malta is not considered a subject of international law, despite such attributes of statehood as the maintenance of diplomatic relations and the possession of immunities and privileges.

The history of international relations also knows other state-like formations that had internal self-government and some rights in the field of international relations. Most often, such formations are temporary in nature and arise as a result of unsettled territorial claims of different countries to each other. It is to this category that the Free City of Krakow (1815-1846), the Free State of Danzig (now Gdansk) (1920-1939), and in the post-war period the Free Territory of Trieste (1947-1954) and, in a certain degree, West Berlin, which enjoyed a special status established in 1971 by the quadripartite agreement of the USSR, USA, Great Britain and France.

Subjects of federal states

Components international legal status republics, regions, territories and other constituent entities of the Russian Federation are embodied in the Federal Law of January 4, 1999 "On the coordination of international foreign economic relations of constituent entities of the Russian Federation." First of all, the constitutional right of the constituent entities of the Russian Federation was confirmed and concretized within the powers granted to them to carry out international and foreign economic relations, that is, the right to relations that go beyond the domestic framework. The subjects have the right to maintain contacts with the subjects of foreign federal states, administrative-territorial formations of foreign states, and with the consent of the Government of the Russian Federation - with the state authorities of foreign states. It also provides for the right to participate in the activities of international organizations within the framework of bodies created specifically for this purpose. Relations of subjects with foreign partners, according to the Law, can be carried out in trade and economic, scientific and technical, economic, humanitarian, cultural and other areas. In the course of this activity, the constituent entities of the Russian Federation have the right to negotiate with these foreign partners and to conclude agreements with them on the implementation of international and foreign economic relations. Such agreements are concluded primarily with equal-level counterparties - with members (subjects) of foreign federal states and with administrative-territorial units of unitary countries. At the same time, the practice of relations with the central authorities of foreign states remains.

At the same time, the Constitutional Court of the Russian Federation, in its ruling of June 27, 2000, confirmed its legal position that “a republic cannot be a subject of international law as a sovereign state and a participant in relevant interstate relations ...”. When interpreting this provision, it is permissible to emphasize precisely the denial of the sovereign status of the republic, which means the recognition and implementation of international and foreign economic relations (ties) not based on sovereignty with certain counterparties specified in the Federal Law of January 4, 1999 No.

Individuals

Some textbooks abroad and in Russia state that the subjects of MP are individuals. Usually the human rights situation is given as an argument. The peremptory norms of the MP have enshrined all fundamental human rights. International human rights courts have been established. Anyone with a connection with a violation of his rights can now file a complaint against his own state with an international court.

In fact, all international legal acts on human rights issues regulate this issue not directly, but through interstate cooperation. International acts enshrine the rights and obligations of states as subjects of international law, and only then states deny or are obliged to ensure the corresponding rights in their internal law.

Human rights is one example of how modern international law focuses on regulating not the actual behavior of MP subjects, but on domestic legal regimes. In this case - on the domestic legal regime concerning human rights. The norms of the MP are increasingly affecting the internal legal regimes of states, whether in the economic, financial or constitutional, administrative, and criminal spheres.

That is why it can be argued that the subject of regulation through the MP are two large groups of interstate relations: a) relations between the subjects of the MP regarding their behavior in the international system; b) the relationship between the subjects of small businesses about their internal legal regimes. And the emphasis in international legal regulation is gradually shifting to the second group of interstate relations.

Therefore, we can talk about the strengthening of the mutual intertwining of the MP and internal law under the primacy of the MP. The unity of domestic law and CHM is called Global Law.

Only if we look at any legal problem in the light of Global Law (i.e., a complex of domestic and international law), we can assume that the subjects of Global Law are both public persons and private individuals.

Individuals can be recognized as a subject of MT, if only the states themselves recognize them as such. However, there are no international acts on the basis of which it would be possible to draw a conclusion about the international legal personality of individuals. Recognition of an individual as a subject of MP would mean that we are already dealing with some other (not international) law. This “other right” is the Global Law.

A manifestation of Global Law can be considered, for example, the presence in the MP of the criminal responsibility of an individual for crimes against the peace and security of mankind, the practice of the European Court of Human Rights, etc. In these cases, it is recognized that international legal norms can give rise to rights and obligations for individuals directly directly and not through states.

A feature of modern international law lies in the possibility of recognizing MFN as its independent subjects. Not every nation or people fighting for their liberation has the right to claim this status. The subject of international law can only be those MFNs that, in the process of their liberation struggle, create power structures capable of speaking on behalf of the entire nation in interstate communication.

The right of nations to self-determination- one of the coherent principles of general international law, enshrined in the UN Charter, the 1970 Declaration of Principles of International Law, the 1975 Helsinki Act. The right to secede and form an independent state is an indispensable element of the nation's right to self-determination. This right belongs to the population of non-self-governing territories (colonies, dependent territories); peoples living in a territory that has the right to secession in accordance with the constitution of the respective state; peoples living on the territory of a state in which there is a violation of the principle of the right of nations to self-determination. In any case, the right to self-determination is precisely a right, not an obligation of the nation. The right to self-determination can be exercised by any means, including the military; however, the right to self-determination is incompatible with nationalism and separatism.

The international legal personality of MFN first manifested itself during the First World War, during the collapse of the Austro-Hungarian, Russian and Ottoman empires. Further, the international legal personality of MFN was recognized during the Second World War. The largest number of such subjects acted in international communication during the period of the massive collapse of the colonial system. In the modern world, the importance of the international legal personality of MFN lies in the fact that it is the right of each people building their statehood to independently, without outside interference, determine their internal and external political status.

The ability to have international rights and obligations and the ability to independently exercise them are organically linked and constitute the international legal personality of MFN. The latter have all the elements of international legal personality: the right to participate in the conclusion of international agreements, to be a member of international organizations, to have their official representations in other states, to participate in international conferences. The main international legal authority of the people fighting for the creation of their own state is international contractual legal capacity. Representatives of the national liberation movement act on behalf of the nation when concluding an international treaty or acceding to it.

One of the most important powers of MFN is the right to international protection and support from other states, the right to directly bring claims to international bodies. In international organizations and at international conferences, MFNs usually have observer status.

The main problem of the international legal personality of MFN is the need to recognize the nation as a subject of international law. In modern international law, there is no normative international legal regulation of this issue. Particularly difficult is the question: how many states must recognize MFN in order for it to receive the status of a subject of international law. Currently, these issues are being resolved on the basis of international practice and international customs. However, such recognition is received not by the nation or the people as a whole, but by specific bodies leading the national liberation movement. The UN documents deal specifically with the recognition of the national liberation movement. The specificity of the recognition of MFN as a subject of international law is predetermined by the fact that the problem of recognition arises in relation to the people, and for recognition it is necessary for this people to have a certain economic, cultural, historical community, awareness of its unity. If the problem of recognition arises in relation to a nation, a linguistic community is also needed.

Contemporary international practice on the recognition of MFN as subjects of international law is based on the "Estrada doctrine", which is applicable not only to the recognition of governments, but also to the recognition of nations fighting for independence. At the same time, certain objective criteria are needed to recognize MFN as a subject of international law.

In 1974, on the basis of a UN General Assembly resolution, the Palestine Liberation Organization (PLO) was endowed with international legal personality. It was recognized as a nation fighting for independence (the creation of a sovereign Palestinian state). In early 2003, under the auspices of the UN, Israel and the PLO adopted a Roadmap for advancing towards a permanent settlement of the Palestinian-Israeli conflict in accordance with the principle of two-state coexistence. The plan's goal is to offer "a permanent two-state solution to the Israeli-Palestinian conflict." In the same year, Israel began construction of a protective "security barrier" with a length of about 350 km. It should divide Israel and the Palestinian territories, as well as protect the areas in the West Bank, where the main Israeli settlements are concentrated, from terrorist attacks. However, in 2004, the International Court of Justice of the PLO declared Israel's construction of a "security barrier" illegal. In the Court's view, the wall violates the Palestinians' right to freedom of movement and employment, and the damage caused by its construction to all individuals and legal entities should be compensated.

Currently, the Palestinian Authority actually exists (actually an independent state). The PLO can no longer be considered a nation fighting for independence (although formally, legally, this status continues to be preserved); it is one of the political movements operating in the Palestinian Authority and fighting for power in the new state (along with the Islamic Resistance Movement (Hamas), the Movement for the National Liberation of Palestine (Fatah), etc.).

In international law, there is a customary rule according to which foreign interference, including in the form of financial injections, cannot take place in the struggle for the nation's right to self-determination. For example, by 2008, the volume of Russian subsidies to South Ossetia was more than double the gross domestic product (GDP) of the republic itself. The bulk of the subsidies went to military spending, which reached 50% of Abkhazia's GDP and 150% of South Ossetia's GDP. The international community does not recognize these states primarily due to the direct participation of Russia in the conflict. The secession of Abkhazia and South Ossetia from Georgia is regarded not as the realization of the legitimate right of nations to self-determination, but as a violation of the territorial integrity and political unity of Georgia.

Only the presence of all three of the above elements (possession of rights and obligations arising from international legal norms; existence in the form of a collective formation; direct participation in the creation of international legal norms) gives, in my opinion, reason to consider this or that formation as a full-fledged subject of international law ... The absence of at least one of the listed qualities in a subject does not allow speaking about the possession of international legal personality in the exact meaning of this word.

Fundamental rights and obligations characterize the general international legal status of all subjects of international law. The rights and obligations inherent in subjects of a certain type (states, international organizations, etc.) form special international legal statuses of this category of subjects. The totality of the rights and obligations of a particular subject forms the individual international legal status of this subject.

Thus, the legal status of various subjects of international law is not the same, since the volume of international norms that apply to them and, accordingly, the range of international legal relations in which they participate is different.

International legal personality of states

It should be borne in mind that international legal personality in the proper sense of the word can (and do) not all, but only a limited number of nations - nations that are not formalized into states, but striving to create them in accordance with international law.

Thus, practically any nation can potentially become a subject of self-determination in legal relations. However, the right of peoples to self-determination was fixed in order to combat colonialism and its consequences, and as an anti-colonial norm it fulfilled its task.

At present, another aspect of the right of nations to self-determination is acquiring special significance. Today we are talking about the development of a nation that has already freely defined its political status. In current conditions, the principle of the right of nations to self-determination should be harmonized, consistent with other principles of international law and, in particular, with the principle of respect for state sovereignty and non-interference in the internal affairs of other states. In other words, it is no longer necessary to speak about the right of all (!) Nations to international legal personality, but about the right of a nation that has received its statehood to develop without outside interference.

Thus, the sovereignty of a struggling nation is characterized by the fact that it does not depend on its recognition as a subject of international law by other states; the rights of a fighting nation are protected by international law; the nation in its own name has the right to apply coercive measures against violators of its sovereignty.

International legal personality of international organizations

International organizations form a separate group of subjects of international law. We are talking about international intergovernmental organizations, i.e. organizations created by the primary subjects of international law.

Non-governmental international organizations, such as the World Federation of Trade Unions, Amnesty International, and others, are established, as a rule, by legal entities and individuals (groups of persons) and are public associations “with a foreign element”. The statutes of these organizations, unlike the statutes of interstate organizations, are not international treaties. True, non-governmental organizations can have a consultative international legal status in intergovernmental organizations, for example, in the UN and its specialized agencies. Thus, the Inter-Parliamentary Union has the status of the first category in the UN Economic and Social Council. However, non-governmental organizations do not have the right to create norms of international law and, therefore, cannot, unlike intergovernmental organizations, have all the elements of international legal personality.

International intergovernmental organizations do not have sovereignty, do not have their own population, their own territory, and other attributes of the state. They are created by sovereign subjects on a contractual basis in accordance with international law and are endowed with a certain competence, fixed in the constituent documents (primarily in the charter). The 1969 Vienna Convention on the Law of Treaties applies to the constituent instruments of international organizations.

The organization's charter determines the goals of its formation, provides for the creation of a specific organizational structure (operating bodies), and establishes their competence. The presence of permanent organs of the organization ensures the autonomy of its will; international organizations engage in international communication on their own behalf and not on behalf of member states. In other words, the organization has its own (albeit non-sovereign) will, different from the will of the participating States. At the same time, the legal personality of an organization is functional in nature, i.e. it is limited by statutory goals and objectives. In addition, all international organizations are obliged to comply with the basic principles of international law, and the activities of regional international organizations must be compatible with the goals and principles of the United Nations.

The basic rights of international organizations are as follows:

  • the right to participate in the creation of international legal norms;
  • the right of the organisation's bodies to exercise certain powers of authority, including the right to make decisions that are binding on them;
  • the right to enjoy the privileges and immunities granted to both the organization and its employees;
  • the right to consider disputes between the participants, and in some cases with the states not participating in this organization.

International legal personality of state-like entities

Some political-territorial entities also enjoy international legal status. Among them were the so-called. Free Cities, West Berlin. This category of entities includes the Vatican and the Order of Malta. Since these formations most of all resemble 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 (1815-1846) was declared a free city. According to the Versailles Peace Treaty of 1919, Danzig (1920-1939) enjoyed the status of a "free state", and in accordance with the 1947 peace treaty with Italy, the creation of the Free Territory of Trieste was envisaged, which, however, was never created.

West Berlin (1971-1990) had a special status, which was granted by the four-sided 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 (Senate, prosecutor's office, court, etc.), which were delegated part of the powers, 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 the consular officials of the FRG.

The Vatican is 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 mostly in force today. In accordance with this document, the Vatican enjoys certain sovereign rights: it has its own territory, legislation, citizenship, etc. The Vatican actively participates in international relations, establishes permanent missions in other states (there is also a Vatican mission in Russia), headed by papal nuncios (ambassadors), participates in international organizations, in conferences, signs international treaties, etc.

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

International legal status of the subjects of the federation

In international practice, as well as foreign international legal doctrine, it is recognized that the subjects of some federations are independent states, the sovereignty of which is limited by joining the federation. The subjects of the federation are recognized as having the right to act in international relations within the framework established by federal legislation.

The international activities of the subjects of foreign federations are developing in the following main directions: the conclusion of international agreements; opening of representative offices in other states; participation in the activities of some international organizations.

The question arises, are there norms in international law on the international legal personality of the subjects of the federation?

As you know, the most important element of international legal personality is contractual legal capacity. It represents the right to directly participate in the creation of international legal norms and is inherent in any subject of international law since its inception.

The issues of the conclusion, execution and termination of treaties by states are regulated primarily by the Vienna Convention on the Law of Treaties of 1969. Neither the 1969 Convention nor other international documents provide for the possibility of independent conclusion of international treaties by the subjects of the federation.

Generally speaking, international law does not contain a prohibition on the establishment of contractual relations between states and subjects of federations and subjects among themselves. However, international law does not classify these agreements as international treaties, just as contracts between a state and a large foreign enterprise are not such. In order to be a subject of the law of international treaties, it is not enough to be a party to one or another international agreement. It is also necessary to have the legal capacity to conclude international treaties.

The question arises about the international legal status of the constituent entities of the Russian Federation.

International legal status of the constituent entities of the Russian Federation

However, the processes of sovereignty that swept the newly independent states raised the question of the legal personality of the former national-state (autonomous republics) and administrative-territorial (oblasts, territories) formations. This problem acquired particular significance with the adoption of the new Constitution of the Russian Federation in 1993 and the conclusion of the Federal Treaty. Today, some constituent entities of the Russian Federation have declared their international legal personality.

The constituent entities of the Russian Federation try to act independently in international relations, conclude agreements with the constituent entities of foreign federations and administrative-territorial units, exchange representations with them and fix the relevant provisions in their legislation. The Charter of the Voronezh Region of 1995, for example, recognizes that the organizational and legal forms of international relations of the region are the forms generally accepted in international practice, with the exception of treaties (agreements) of the interstate level. Taking part in international and foreign economic relations independently or with other constituent entities of the Russian Federation, the Voronezh region opens representative offices on the territory of foreign states to represent the interests of the region, which operate in accordance with the legislation of the host country.

The normative acts of some constituent entities of the Russian Federation provide for the possibility of concluding international treaties by them on their own behalf. So, Art. 8 of the Charter of the Voronezh region of 1995 establishes that international treaties of the Voronezh region are part of the legal system of the region. The norms of a similar content are fixed in Art. 6 of the Charter of the Sverdlovsk Region of 1994, art. 45 of the Charter (Basic Law) of the Stavropol Territory 1994, art. 20 of the Charter of the Irkutsk Region of 1995 and other charters of the constituent entities of the Russian Federation, as well as in the constitutions of the republics (Article 61 of the Constitution of the Republic of Tatarstan).

Moreover, some constituent entities of the Russian Federation adopted regulations governing the procedure for the conclusion, execution and termination of contracts, for example, the law of the Tyumen region "On international agreements of the Tyumen region and treaties of the Tyumen region with the constituent entities of the Russian Federation" normative acts of the Voronezh region "1995 establishes (Art. 17) that the state authorities of the region have the right to conclude agreements, which are regulatory legal acts, with the state authorities of the Russian Federation, with the constituent entities of the Russian Federation, with foreign states on issues representing their common, mutual interest.

However, the statements of the subjects of the Russian Federation about their international contractual legal capacity still do not mean, in my deep conviction, the existence of this legal quality in reality. An analysis of the relevant legislation is required.

Federal legislation does not yet resolve this issue.

According to the Constitution of the Russian Federation (clause "o", part 1 of Art. 72), the coordination of international and foreign economic relations of the constituent entities of the Russian Federation belongs to the joint jurisdiction of the Russian Federation and the constituent entities of the Federation. However, the Constitution does not directly speak of the possibility of the constituent entities of the Russian Federation to conclude agreements that would be international treaties. The Federal Agreement does not contain such norms either.

The 1995 Federal Law "On International Treaties of the Russian Federation" also assigns the conclusion of international treaties of the Russian Federation to the jurisdiction of the Russian Federation. It has been established that international treaties of the Russian Federation concerning issues related to the jurisdiction of the constituent entities of the Federation are concluded in agreement with the relevant authorities of the constituent entities. At the same time, the main provisions of treaties affecting issues of joint jurisdiction should be sent to submit proposals to the relevant bodies of the subject of the federation, which, however, do not have the right to veto the conclusion of an agreement. The 1995 law does not say anything about treaties of the constituent entities of the Federation.

It should be borne in mind that neither the Constitution of the Russian Federation, nor the Federal Constitutional Law "On the Constitutional Court of the Russian Federation" of July 21, 1994, enshrine the norms on the verification of the constitutionality of international treaties of the constituent entities of the Federation, although such a procedure is provided for with respect to international treaties of the Russian Federation.

In Art. 27 of the Federal Constitutional Law "On the Judicial System of the Russian Federation" dated December 31, 1996, establishing the competence of the constitutional (charter) courts of the constituent entities of the Russian Federation, among the legal acts that may be the subject of consideration in these courts, international treaties of the constituent entities of the Russian Federation are also not named.

Perhaps the only rule of federal law, indicating that the subjects of the Russian Federation have elements of contractual legal capacity, is contained in Art. 8 of the Federal Law "On State Regulation of Foreign Trade Activity" of 1995, according to which the subjects of the Russian Federation have the right, within their competence, to conclude agreements in the field of foreign trade relations with subjects of foreign federal states, administrative-territorial entities of foreign states.

However, the provisions on recognizing certain elements of international legal personality for the constituent entities of the Russian Federation are enshrined in many agreements on the delineation of powers.

Thus, the Treaty of the Russian Federation and the Republic of Tatarstan dated February 15, 1994 "On the delimitation of jurisdictions and mutual delegation of powers between the state authorities of the Russian Federation and the state authorities of the Republic of Tatarstan" provides that the state authorities of the Republic of Tatarstan participate in international relations, establish relations with foreign states and conclude agreements with them that do not contradict the Constitution and international obligations of the Russian Federation, the Constitution of the Republic of Tatarstan and this Treaty, participate in the activities of the relevant international organizations (clause 11, Article II).

In accordance with Art. 13 of the Agreement on the delimitation of the subjects of jurisdiction and powers between the state authorities of the Russian Federation and the state authorities of the Sverdlovsk region dated January 12, 1996.The Sverdlovsk region has the right to act as an independent participant in international and foreign economic relations, if this does not contradict the Constitution of the Russian Federation, federal laws and international treaties of the Russian Federation , to conclude appropriate treaties (agreements) with subjects of foreign federal states, administrative-territorial entities of foreign states, as well as ministries and departments of foreign states.

As for the practice of exchanging representative offices with the subjects of foreign federations, this quality is not the main one in the characterization of international legal personality, however, we note that neither the Constitution nor the legislation of the Russian Federation has yet regulated this issue in any way. These representations are not opened on the basis of reciprocity and are accredited with any authority of the subject of a foreign federation or territorial unit. These bodies, being foreign legal entities, do not have the status of diplomatic or consular missions and are not subject to the provisions of the relevant conventions on diplomatic and consular relations.

The same can be said about the membership of the constituent entities of the Russian Federation in international organizations. It is known that the charters of some international organizations (UNESCO, WHO, etc.) admit membership in them of entities that are not independent states. However, firstly, membership in these organizations of the constituent entities of the Russian Federation has not yet been formalized, and, secondly, this feature, as already mentioned, is far from the most important in characterizing the subjects of international law.

Considering the above, we can draw the following conclusion: although at present the constituent entities of the Russian Federation do not fully possess all the elements of international legal personality, there is a trend towards the development of their legal personality and their registration as subjects of international law. In my opinion, this issue requires a solution in federal legislation.

International legal status of individuals

The problem of the international legal personality of individuals has a long tradition in the legal literature. Western scholars have long recognized the quality of international legal personality for an individual, arguing their position with references to the possibility of bringing individuals to international responsibility, the individual's appeal to international bodies for the protection of their rights. In addition, individuals in the countries of the European Union have the right to bring claims to the European Court of Justice. After the ratification in 1998 of the European Convention for the Protection of Human Rights and Fundamental Freedoms of 1950, individuals in Russia can also apply to the European Commission on Human Rights and the European Court of Human Rights.

For ideological reasons, Soviet lawyers for a long time denied that an individual had international legal personality. However, in the late 80s. and in the domestic international legal literature, works began to appear in which individuals began to be considered as subjects of international law. Currently, the number of scientists who share this point of view is constantly growing.

In my opinion, the answer to the question of whether an individual is a subject of international law depends on what characteristics this subject, in our opinion, should possess.

If we assume that the subject of international law is a person who is subject to international legal norms, who are endowed by these norms with subjective rights and obligations, then the individual is undoubtedly a subject of international law. There are many international legal norms that individuals can directly follow (Covenant on Civil and Political Rights 1966, Convention on the Rights of the Child 1989, Geneva Conventions for the Protection of Victims of War 1949, Additional Protocols I and II to them 1977 1958, New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, etc.).

However, the concepts and categories of international law, as already noted, are not always identical to the concepts of domestic law. And if we believe that the subject of international law not only has rights and obligations arising from international legal norms, but is also a collective entity, and, most importantly, takes a direct part in the creation of international law, then the individual is considered a subject of international law. it is forbidden.

The legal personality of the struggling nations, like the legal personality of states, is objective, i.e. exists independently of anyone else's will. Modern international law confirms and guarantees the right of peoples to self-determination, including the right to free choice and the development of their socio-political status.

The principle of self-determination of peoples will be one of the basic principles of international law, its formation falls on the late 19th - early 20th centuries.
It should be noted that it acquired a particularly dynamic development after the October Revolution of 1917 in Russia.

With the adoption of the UN Charter, the right of a nation to self-determination finally completed its legal form as a basic principle of international law. The Declaration on the Granting of Independence to Colonial Countries and Peoples of 1960 concretized and developed the content of this principle. To the fullest extent, its content was formulated in the Declaration of Principles of International Law of 1970, which says: “All peoples have the right to freely determine, without outside interference, their political status and carry out economic, social and cultural development, and each state is obliged to respect ϶ ᴛᴏ law in accordance with the provisions of the UN Charter ”.

Let's note the fact - that in modern international law there are norms confirming the legal personality of the struggling nations. Nations fighting for the creation of an independent state are protected by international law; they can objectively apply coercive measures against those forces that prevent the nation from acquiring full international legal personality and formalizing it into a state. But the use of coercion is not the only and, in principle, not the main manifestation of the international legal personality of nations. Only a nation that has a political organization that independently performs quasi-state functions can be recognized as a subject of international law.

In other words, the nation should have a pre-state form of organization: the popular front, the rudiments of the organs of power and administration, the population in the controlled territory, etc.

It should be borne in mind that international legal personality in the proper sense of his word can (and do) not all, but only a limited number of nations - nations that are not formalized into states, but striving to create them in accordance with international law.

Based on the above, we come to the conclusion that practically any nation can potentially become a subject of self-determination legal relations. At the same time, the right of peoples to self-determination was fixed in order to combat colonialism and its consequences, and as a norm of anti-colonial orientation it fulfilled its task.

Today, another aspect of the right of nations to self-determination is acquiring special significance. Today we are talking about the development of a nation that has already cheerfully determined its political status. In current conditions, the principle of the right of nations to self-determination should be harmonized, consistent with other principles of international law and, in particular, with the principle of respect for state sovereignty and non-interference in the internal affairs of other states. In other words, it is no longer necessary to speak about the right of all (!) Nations to international legal personality, but about the right of a nation that has received its statehood to develop without outside interference.

The struggling nation enters into legal relations with the state that controls this territory, other states and nations, and international organizations. By participating in specific international legal relations, it acquires additional rights and protection.

Distinguish between the rights that the nation already possesses (they follow from national sovereignty), and the rights for the possession of which it fights (stem from state sovereignty)

The legal personality of a fighting nation contains a complex of the following fundamental rights: the right to independent expression of will; the right to international legal protection and assistance from other subjects of international law; the right to participate in international organizations and conferences; the right to participate in the creation of the norms of international law and independently fulfill the international obligations assumed.

Based on the above, we come to the conclusion that the sovereignty of a struggling nation is characterized by the fact that it does not depend on its recognition as a subject of international law by other states; the rights of a fighting nation are protected by international law; the nation, on its behalf, has the right to apply coercive measures against violators of its sovereignty.