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 entity; direct participation in the creation of international legal norms) gives, in my opinion, reason to consider this or that entity a full-fledged subject of international law . The absence of at least one of the listed qualities of the subject does not allow us to speak about the possession of international legal personality in exact meaning this word.

Basic 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 for 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 scope of international norms that apply to them and, accordingly, the range of international legal relations in which they participate are different.

International legal personality of states

It must be taken into account that not all, but only a limited number of nations can (and do) have international legal personality in the proper sense of the word - nations that are not registered as states, but strive to create them in accordance with international law.

Thus, practically any nation can potentially become the subject of legal relations of self-determination. 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.

Currently special meaning acquires another aspect of the right of nations to self-determination. Today we are talking about the development of a nation that has already freely determined its political status. In the current conditions, the principle of the right of nations to self-determination must 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 talk 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 struggling nation are protected by international law; a nation, in its own name, has the right to apply coercive measures against violators of its sovereignty.

International legal personality of international organizations

A separate group of subjects of international law is formed by international organizations. 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, etc., are established, as a rule, by legal entities and individuals (groups of individuals) 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 may 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, other attributes of the state. They are created by sovereign entities on a contractual basis in accordance with international law and are endowed with a certain competence, fixed in the founding documents (primarily in the charter). Regarding founding documents international organizations the 1969 Vienna Convention on the Law of Treaties is in force.

The charter of the organization defines the goals of its formation, provides for the creation of a certain organizational structure(acting bodies), their competence is established. The presence of permanent organs of the organization ensures the autonomy of its will; international organizations participate in international communication on behalf of their own name 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 member states. At the same time, the legal personality of the organization is functional in nature, i.e. it is limited by statutory goals and objectives. In addition, all international organizations are required to comply with the basic principles of international law, and the activities of regional international organizations must be consistent with the purposes and principles of the UN.

The fundamental rights of international organizations are as follows:

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

International legal personality of state-like entities

Some political-territorial formations also enjoy international legal status. Among them were the so-called. Free Cities, West Berlin. This category of entities includes the Vatican and Order of Malta. 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 (1920-1939) enjoyed the status of a “free state”, and in accordance with the peace treaty with Italy in 1947, the creation of the Free Territory of Trieste was envisaged, 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 (Senate, prosecutor's office, 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.

The Vatican City is a city-state located within the capital of Italy, Rome. Here is the residence of the head catholic church— The Pope. Legal status The Vatican City was defined 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: 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 representative office of the Vatican 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 its administrative center in Rome. The Order of Malta is actively involved in international relations, concludes agreements, exchanges representations with states, has observer missions in the UN, UNESCO and a number of other international organizations.

International legal status of 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, whose sovereignty is limited by joining the federation. The subjects of the federation are recognized to have the right to act in international relations within the framework established by federal legislation.

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

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

As is known, 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 from the moment of its inception.

The issues of concluding, executing and terminating 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 subjects of the federation.

Generally speaking, international law does not prohibit the establishment 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 the state and a large foreign enterprise are not. In order to be a subject of the law of international treaties, it is not enough to be a party to an 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 subjects of the Russian Federation.

International legal status of subjects of the Russian Federation

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

The subjects of the Russian Federation try to act independently in international relations, conclude agreements with the subjects 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 the region's international relations are 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 subjects of the Russian Federation, the Voronezh Region opens on the territory foreign states representative offices to represent the interests of the region, which act 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 them concluding international treaties on their own behalf. Yes, Art. 8 of the 1995 Charter of the Voronezh Region establishes that international treaties of the Voronezh Region are part of the region's legal system. Norms of a similar content are fixed in Art. 6 of the Charter of the Sverdlovsk Region 1994, Art. 45 of the Charter (Basic Law) of the Stavropol Territory of 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, in some constituent entities of the Russian Federation, regulations have been adopted that regulate the procedure for concluding, executing and terminating 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” was adopted in 1995. The law of the Voronezh region “On legal regulations Voronezh Region” 1995 establishes (Article 17) that the state authorities of the region have the right to conclude agreements, which are regulatory legal acts, with state authorities of the Russian Federation, with subjects of the Russian Federation, with foreign states on issues of their common, mutual interest .

However, the statements of the constituent entities of the Russian Federation about their international contractual legal capacity do not yet mean, in my deep conviction, the existence of this legal quality in reality. It is necessary to analyze the relevant norms of legislation.

Federal legislation does not address this issue yet.

According to the Constitution of the Russian Federation (clause “o”, part 1, article 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 about the possibility of the subjects of the Russian Federation to conclude agreements that would be international treaties. The Federal Treaty does not contain such norms either.

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

It should also be taken into account that neither the Constitution of the Russian Federation nor the Federal Constitutional Law “On the Constitutional Court of the Russian Federation” dated July 21, 1994 fix the norms on checking the constitutionality of international treaties of the subjects of the Federation, although such a procedure is provided for 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, which establishes 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 norm of federal legislation that indicates that the constituent entities of the Russian Federation have elements of contractual legal capacity is contained in Art. 8 of the Federal Law "On state regulation Foreign Trade Activities” 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 formations of foreign states.

However, the provisions on the recognition of certain elements of international legal personality for the subjects of the Russian Federation are enshrined in many treaties on the delimitation of powers.

Thus, the Treaty of the Russian Federation and the Republic of Tatarstan dated February 15, 1994 “On the delimitation of subjects of jurisdiction and mutual delegation of powers between state authorities of the Russian Federation and bodies state power of the Republic of Tatarstan” stipulates that 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 relevant international organizations ( paragraph 11 of article II).

In accordance with Art. 13 of the Agreement on the delimitation of subjects of jurisdiction and powers between the state authorities of the Russian Federation and the state authorities of the Sverdlovsk region of January 12, 1996 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 relevant treaties (agreements) with subjects of foreign federal states, administrative-territorial formations of foreign states, as well as ministries and departments of foreign states.

As for the practice of exchanging representations with subjects of foreign federations, this quality is not the main one in characterizing international legal personality, however, we note that neither the Constitution nor the legislation of the Russian Federation have yet regulated this issue. These representative offices are not opened on the basis of reciprocity and are accredited by any authority of a 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 subjects of the Russian Federation in international organizations. It is known that the statutes of some international organizations (UNESCO, WHO, etc.) allow 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 sign, as already mentioned, is far from the most important in characterizing the subjects of international law.

Considering the foregoing, we can draw the following conclusion: although at present the subjects of the Russian Federation do not fully possess all the elements of international legal personality, there is a tendency for the development of their legal personality and their registration as subjects of international law. In my opinion, this issue needs to be resolved 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 an international legal personality for an individual, arguing their position with references to the possibility of bringing individuals to international responsibility, applying to international bodies for the protection of their rights. Besides, individuals in the countries of the European Union have the right to file claims with 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.

Soviet lawyers for ideological reasons for a long time denied that the individual has 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. At present, the number of scientists who share this point of view is constantly increasing.

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

If we consider that the subject of international law is a person who is subject to international legal norms, which these norms endow with subjective rights and obligations, then the individual is certainly a subject of international law. There are many international legal norms that can directly guide individuals (1966 Covenant on Civil and Political Rights, 1989 Convention on the Rights of the Child, 1949 Geneva Conventions for the Protection of Victims of War, 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 the 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 norms, then the individual is classified as a subject of international law it is forbidden.

The concept of the international legal personality of peoples (nations) fighting for independence was formed under the influence of the practice of the UN. And although the peoples and nations fighting for independence are the primary subjects of international law, their international legal personality by this time is disputed by some authors. In addition, neither doctrine nor practice has developed clear criteria by which it is necessary to recognize a certain nation and people fighting for independence as subjects! international law. Most often, the decision to grant such status is justified by political rather than legal criteria.

The idea of ​​recognizing a people or a nation fighting for the creation of an independent state arose quite a long time ago. For example, the Fourth Hague Convention of 1907 provided for a number of rights and obligations of such subjects during the war. However, the influence of the UN in the 60-70s of the 20th century played a major role in the development of the doctrine regarding the granting of the status of subjects of international law. During the so-called decolonization, the principle of self-determination of peoples proclaimed in the Declaration on the Granting of Independence to Colonial Countries and Peoples of 1960 and subsequently confirmed by the Declaration of 1970 became the basis for this. He provided, "... that every people has the right to self-determination and can freely determine its political status ...".

Not all peoples and nations have international legal personality, but only those who are fighting for the creation own state. It does not matter the nature of the struggle, it can be both military and peaceful. The peoples and nations that have created their own state, represented by it on the international arena. Thus, the status of a subject of international law of a people or nation is carried out as an exception, for a time until they have created their own state.

Interesting is the fact that in the doctrine and in international documents the terms "people" and "nation" are used with different meanings. Although it is worth noting that in most cases known in history, the status of a subject of international law was recognized not so much for the people or nation that fought for independence, but for the national liberation movements that were the embodiment of this struggle. In addition, both "people" and "nation" are rather vague concepts, while the national liberation movements are much better organized and structured.

Since the end of the 70s of the XX century, that is, since the actual end of decolonization, there has been a gradual change in approaches to the issue of granting the status of a subject of international law to peoples and nations that are fighting for independence. First, it is increasingly being emphasized that the principle of self-determination of peoples and nations is only one of the principles of international law and must be applied in conjunction with other principles of international law, in particular territorial integrity and inviolability of borders. That is why a significant number of authors believe that the status of a subject of international law can not be granted to all peoples and nations that are fighting for independence, but only to those who use their right to self-determination, and when there is at least one of the following situations: 1) territories , annexed after 1945, belong to the so-called non-self-governing territories (an example of the first is Palestine, the second - Guam); 2) if the state did not adhere to the principle of equality individual groups population based on ethnic, national, religious or other similar characteristics (for example, Kosovo); 3) the constitution of a federal state provides for the possibility of secession from its composition by individual subjects (for example, the USSR).

Secondly, it is worth noting that self-determination of peoples and nations is possible not only through the creation of an independent state, but also through the creation of various autonomies within another state.

If we talk about the rights and obligations of peoples and nations as subjects of international law, then it should be noted that they are significantly limited in comparison with the state. However, the following can be singled out: the right to self-determination and the creation of an independent state; the right to recognition of the legal personality of the bodies that represent them; the right to receive an international legal protection both from international organizations and from individual states; the right to conclude international treaties and otherwise participate in the process of creating norms of international law; the right to participate in the activities of international organizations; the right to independently implement the existing norms of international law. Among the main duties, one can single out the duty to adhere to the norms and principles of international law and to bear responsibility in case of their violation.

Now the international legal personality of the peoples and nations fighting for independence is recognized for the Arab people of Palestine. Some authors argue that the people of Western Sahara have a similar status. Let's consider the given examples in more detail.

Arab people of Palestine.

The population of the Palestinian territories occupied by Israel is fighting for the creation (restoration) of their own state. The Arab people of Palestine are represented by the Palestine Liberation Organization (PLO), whose international legal personality was recognized in the 1970s. first by the Security Council and then by the UN General Assembly. Now has observer status in the UN, the League Arab States and other international organizations.

The WUA is in contact with a fairly large number of states, including Russia, Egypt, France, Syria, Lebanon, etc. Palestine is a party to several dozen universal international treaties, in particular, the 1949 Geneva Conventions and the 1982 UN Conventions on the Law of the Sea.

In 1993, the PLO signed the Washington Agreement, which provided for the creation of a temporary Palestinian autonomy in the territories occupied by Israel. Now this body exercises administrative and judicial power in the occupied territories. With the creation of the temporary Palestinian Authority, the PLO lost its status as a subject of international law, which is now recognized by representatives of the government of the Autonomy.

The people of Western Sahara have a status similar to that of the Arab people of Palestine, their international legal personality is recognized by the UN, under which they received observer status.

Due to the changes in Lately take place in the international relations of the added subject, the terms "states in the making" and "nations that aspire to their statehood" are increasingly used.

  • The concept of international law
    • The concept of international law and its features
    • Rules of international law
      • Classification of norms of international law
      • Creation of international law
    • International legal sanctions and international control
    • International legal relations
    • Legal facts in international law
  • Dominance (supremacy) of law (Rule of Law) in modern international law
    • Origin of the concept of the rule of law
    • The legal content of the concept of the rule of law: goals, structural content, direction of regulatory impact, connection with other concepts comparable in 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 the right
      • The principle of good faith and the principle of inadmissibility of abuse of the right - page 2
  • becoming, general character, sources and system of modern international law
    • Formation and general character of modern international law
    • Sources of international law
      • Decisions of international organizations as sources of international law
    • International law system
    • Codification of international law
  • Subjects and object of modern international law
    • The concept and types of subjects of international law. The content of international legal personality
    • States are the main subjects of international law
    • International Legal Personality of Nations and Nationalities Fighting for Their Independence
    • International legal recognition as an institution of law
      • Declarative and constitutive theories about the meaning of international legal recognition
      • International organizations are secondary subjects of international law
    • The legal position of the individual 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 that ensure the maintenance of international law and security
    • General principles of interstate cooperation
    • The principle of good faith general principle rights and as one of fundamental principles modern international law
  • Interaction of international and domestic law
    • Sphere of interaction between international and domestic law
    • Influence of domestic law on international law
    • Influence of international law on domestic law
    • Doctrines of correlation 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 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
    • >Legal nature international organizations and organization of their activities
      • Rights of international organizations
      • The nature of legal acts of international organizations
    • UN as an international organization
      • Structure of the Organization
      • Universal Declaration of Human Rights
      • Human rights issues
    • United Nations specialized agencies
    • Regional organizations
      • Commonwealth of Independent States (CIS)
  • Diplomatic and consular law
    • The concept and sources of diplomatic and consular law
    • Diplomatic missions
      • Representation staff
    • Consular offices
      • Privileges and immunities of consular posts
    • permanent missions states at international organizations
    • Special missions
  • International security law
    • The concept of international security law
    • Special principles international security
    • General system collective security
    • United Nations activities to celebrate the Year of Dialogue among Civilizations under the auspices of the United Nations
    • Regional systems of collective security
    • Disarmament - key issue international security
    • Neutrality and its role in the maintenance of international peace and security
  • Human rights and international law
    • Population and its composition, citizenship
    • Legal status of foreigners
    • Right of asylum
    • International cooperation on human rights issues
    • International protection rights of women and children
    • International protection of the rights of minorities
    • The human right to decent housing
      • Government commitments to the human right to adequate housing
      • Institute of "recognition" in the field of ensuring the right to adequate housing
      • Elements housing rights
      • Opportunities for judicial review of housing rights
  • International cooperation in the fight against crime
    • The main forms of international cooperation in the fight against crime and its legal basis
    • Fighting international crimes and international crimes
      • Distribution and drug trafficking
    • Legal assistance in criminal matters
    • International Criminal Police Organization - Interpol
  • International economic law
    • The concept of international economic law and his sources. Subjects of international economic law
    • International legal foundations of 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 areas 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
    • 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 channels
  • international air law
    • The concept of international air law and its principles
    • Legal regime of the airspace. International flights
    • International air services
  • international space law
    • The concept and sources of international space law
    • The 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 basis international cooperation in the peaceful uses of outer space
    • The Significance of Practical Measures of the World Community for the Peaceful Use of Outer Space
  • International law environment
    • The concept of international environmental law, its principles and sources
    • International organizations and conferences in the field of environmental protection
    • Protection of the environment of the World Ocean, protection of the atmosphere and prevention of climate change, protection of animal and flora
    • Protection aquatic environment international rivers and polar environments
    • Environmental protection in the process of space and nuclear activities
    • International legal regulation of hazardous waste management
  • International legal means of resolving international disputes
    • The Essence of the Peaceful Settlement of International Disputes
    • Means of resolving international disputes
    • Resolution of international disputes by the court
    • Dispute resolution in international organizations
  • International law during armed conflicts
    • The concept of the law of armed conflicts
    • The beginning of the war and its international legal consequences. Participants in the war (armed conflict)
    • Means and methods of warfare
    • Neutrality in war
    • 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 Nationalities Fighting for Their Independence

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

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 interchangeable 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 forcible 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 ones - 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 exercising legislative and executive functions and expressing the sovereign will of 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 mentioned bodies. Such were, for example, the Front national liberation Algeria, People's Movement for the Liberation of Angola (MPLA), Mozambique Liberation Front (FRELIMO), South West Africa People's Organization (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, direct their official representatives to negotiate, participate in the work international conferences and international organizations, conclude international treaties. In the course of an armed national liberation struggle, nations and peoples, like states, enjoy the protection of the norms of international law designed for 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 new independent states emerging in the course of the national liberation struggle, and therefore they are considered full-fledged subjects of international law.

The legal personality of warring nations, like the legal personality of states, is objective character, i.e. exists independently of anyone's will. Modern international law confirms and guarantees the right of peoples to self-determination, including the right to freely choose and develop 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 end of the 19th - beginning of the 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 formalization as a basic principle of international law. The 1960 Declaration on the Granting of Independence to Colonial Countries and Peoples specified and developed the content of the ϶ᴛᴏth principle. Its content was most fully formulated in the Declaration on Principles of International Law of 1970, which states: “All peoples have the right to freely determine, without outside interference, their political status and to carry out their economic, social and cultural development, and every state is obliged to respect ϶ ᴛᴏ law in accordance with the provisions of the UN Charter”.

Let us note the fact that in modern international law there are norms confirming the legal personality of the struggling nations. Nations struggling to create an independent state are protected by international law; they can objectively apply coercive measures against those forces that prevent the nation from gaining full international legal personality, registration as 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 that nation can be recognized as a subject of international law, which has a political organization that independently performs quasi-state functions.

In other words, a nation must have a pre-state form of organization: a popular front, the beginnings of government and administration, a population in a controlled territory, and so on.

It must be taken into account that international legal personality in the proper sense of the ϶ᴛᴏth word can (and does) have not all, but an exceptionally limited number of nations - nations that are not registered as states, but strive to create them in accordance with international law.

Based on all of the above, we come to the conclusion that virtually any nation can potentially become the subject of legal relations of self-determination. 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 freely determined its political status. In the current conditions, the principle of the right of nations to self-determination must 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 talk about the right of all (!) nations to international legal personality, but about the right of a nation that has received statehood to develop without outside interference.

A 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 stem from national sovereignty), and the rights that it fights for the possession of (they stem from state sovereignty)

The legal personality of a struggling 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 norms of international law and independently fulfill the international obligations assumed.

Based on all of 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 the recognition of it as a subject of international law by other states; the rights of a struggling nation are protected by international law; the nation, on its behalf, has the right to apply coercive measures against violators of its sovereignty.

The legal personality of warring nations, like the legal personality of states, is of an objective nature, i.e. exists independently of anyone'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 is one of the basic principles of international law, its formation falls on the end of the 19th - beginning of the 20th centuries. He acquired a particularly dynamic development after October revolution 1917 in Russia.

With the adoption of the UN Charter, the right of a nation to self-determination finally completed its legal registration as a basic principle of international law. The 1960 Declaration on the Granting of Independence to Colonial Countries and Peoples specified and developed the content of this principle. Its content was most fully formulated in the Declaration on the Principles of International Law of 1970, which states: “All peoples have the right to freely determine their political status and to carry out their economic, social and cultural development without outside interference, and every state is obliged to respect this right in in accordance with the provisions of the UN Charter."

In modern international law there are norms confirming the legal personality of the struggling nations. Nations struggling to create 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 becoming 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 its own political organization can be recognized as a subject of international law.

It should be noted that, according to international law, the struggling nations are recognized as subjects of international law in the person of the organs of national liberation. Fighting nations become participants in international legal relations after the creation of certain territories power structures capable of acting on behalf of the population inhabiting this territory in interstate relations. As practice shows, such bodies are usually: the national front; political parties expressing the interests of the majority of the nation; national liberation army; the provisional revolutionary government and other organs of resistance created in the course of the liberation war; representative legislative assembly elected by referendum and formed by it executive agency. Organs of national liberation acquire the right to enter into relations with other states and international organizations, to participate in the work of international conferences, and to enjoy the protection of international law.

The organs of national liberation were the National Liberation Front of Algeria, the People's Movement for the Liberation of Angola, the People's Organization of South West Africa, the organization of African unity, the Liberation Organization I (Palestine, the People's League of East Pakistan, which expressed the independence of the Bengali people and proclaimed People's Republic Bangladesh.

As a subject of international law, nations and peoples fighting for their self-determination, represented by their permanent bodies, can conclude agreements with states and international organizations, sign international treaties, send their representatives to participate in the work of intergovernmental organizations and conferences. They enjoy the protection of international law.

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

Thus, practically any nation can potentially become the subject of legal relations of self-determination. 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 determined its political status. In the current conditions, the principle of the right of nations to self-determination must 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 talk 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.

A 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.

A distinction is made between the rights that a nation already possesses (they stem from national sovereignty) and the rights for which it is fighting (they stem from state sovereignty).

The legal personality of a struggling nation includes a set 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 norms of international law and independently fulfill the international obligations assumed.

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 struggling nation are protected by international law; a nation, in its own name, has the right to apply coercive measures against violators of its sovereignty.

In the domestic doctrine, the recognition of peoples and nations as subjects of international law has traditionally been defined as an explicit or tacit act sovereign state, stating the output to international arena a new sovereign entity or government aimed at establishing relations between the recognizing and recognizing parties in accordance with the generally recognized principles and norms of international law. It is believed that the recognition by modern international law of peoples of the right to self-determination, sovereignty, participation in international relations inevitably leads to the recognition of the people as the main bearer of sovereignty, the original subject of international law. This point of view is based on the principles of international law, fixing the legal personality of nations in the process of struggle for liberation, which place the struggling nation under the protection of international law. Fundamental rights of the nation in the field international relations include the right to:

  • · the will of the people fighting for independence;
  • recognition of the legal personality of their bodies;
  • · international legal protection and receiving assistance from states and international organizations;
  • participation in the activities of international organizations and intergovernmental conferences;
  • participation in the creation of norms of international law;
  • Independent implementation of existing international legal norms.

IN last years In the Russian science of international law, other points of view regarding the legal personality of peoples and nations have appeared. It is proposed to include only states and interstate organizations among the subjects of international law on the grounds that the legal personality of peoples, nations fighting for the creation of an independent state is not universally recognized. According to some Russian scientists, peoples who can realize one of the principles of international law - the right to self-determination, should be classified as "special subjects of international law". It seems that such judgments contradict the principle of self-determination of peoples and nations fighting for independence, which is universally recognized in modern international law and must be respected by the entire world community.

Speaking of national sovereignty, it can be defined that this is the sovereignty of the nation, its political freedom, the possession of a real opportunity to determine the nature of its national life, including, first of all, the ability to politically self-determine up to the separation of the formation of an independent state.

The sovereignty of a nation is manifested in a real opportunity to independently and sovereignly resolve issues related to its national freedom, state-legal organization, relations with other nations and nationalities. Each nation has the right to determine its own destiny, decide the issue of a national-state organization, it has the right to become part of a particular state and unite with other nations in one form or another. state union, leave this state and form their own independent national state. Each nation has the right to preserve and freely develop its own language, customs, traditions, relevant national institutions.

The sovereignty of a nation has as its precondition national needs, interests and goals arising from the objective conditions of its existence and being the most important stimulus for the development of the nation, its struggle for its liberation. National interests can be put forward, expressed by the leading class of the given nation, as well as national interests in the full sense of the word.

National sovereignty means the right to self-determination up to secession and formation of an independent state. in a lot nation states ah, formed by the voluntary union of nations, the sovereignty exercised by this complex state, of course, cannot be the sovereignty of one nation. Depending on the way in which the united nations exercised their right to self-determination - by uniting into union states and by federation on the basis of autonomy or confederation, the state sovereignty exercised by this multinational state must guarantee the sovereignty of each of the united nations. In the first case, this is achieved by providing sovereign rights the subjects of the union that have ceded part of their rights to a multinational state. In the second case, the sovereignty of nations is ensured by protecting the autonomy of nation-states. But in both cases, the multinational state, represented by its supreme bodies, is the bearer of the sovereignty not of any separate nation, but of the sovereignty belonging to this particular multinational state, expressing both the common interests of all the united nations and the specific interests of each of them. The main thing is that a multinational state in any of its varieties should ensure the real sovereignty of each of the nations that make up it.

Consequently, the state, especially a democratic one, recognizing the natural rights of a person, stands guard over the freedom of any individual, regardless of his nationality, therefore, a national, ethnic, racial attribute should not become a criterion of state power. Thus, national sovereignty should be understood as a democratic principle, according to which every nation has the right to freedom, to independent and independent development, which must be respected by all other nations and states.