The subject of any branch of law should be understood, first of all, a certain type of social relations - an object legal regulation this industry. Subject international law are international relationships in which the States are parties international organizations, nations and peoples fighting for their independence, and some other subjects. In other words, international law regulates the relations that develop between states as subjects of public authority, bearers of state sovereignty.

It is important to remember that not all international relations are the subject of international law. In principle, any social relation, to one degree or another burdened with a foreign element, can be called international. For example, the state can issue a license for a certain type of activity to a foreign legal entity, prosecute foreigners who have committed a crime, register marriages between citizens different countries to enter into agreements with foreign public associations etc. However, all these relations cannot be considered the subject of public international law, since in these cases the state acts solely on the basis of its domestic legislation and is not opposed by a similar subject. Public international law, as its very name implies, regulates only those relations that develop in the sphere of public power between states as such, that is, between states as official structures empowered to exercise power. In practice, on behalf of the state, all actions in the international arena are carried out by the head of state, the highest legislative and executive bodies, specially authorized bodies and persons.

According to the indicated sign - the presence of a public interest in a legal relationship - one should distinguish between the subject of legal regulation of international public and international private law. Private international law is characterized by a situation where at least one party to a legal relationship (an individual or legal entity) acts in it in his personal capacity, and not on behalf of his state as a whole. It does not matter whether this party is a state body or an official. For example, the head of state or the head of a diplomatic mission may act in the international arena as private individuals, and one or another government agency- only on its own behalf (for example, when concluding a civil law contract).

At the same time, not only political or military relations between states, but also those that are more characteristic of the sphere of private interest can fall into the sphere of interests of public international law. States can conclude with each other contracts of sale, lease, money loan, etc. Despite the pronounced civil law nature of such agreements, they are governed by public international law, since in all the cases listed we are talking about states as such, and the legal relationship is based on an interstate agreement.


Thus, the subject of international law is international relations of a public-imperious nature, the participants of which are states as carriers of state sovereignty . Part of the subject matter of international public law are relations with the participation of international intergovernmental organizations, nations and peoples fighting for their independence, as well as individual self-governing political and territorial entities.

At the same time, in the theory of international law, there is a point of view about the so-called combined subject of legal regulation, when a particular set of relations is regulated by both international and national law. An example is the Institute legal status individuals, the institution of legal assistance, the legal regulation of investments, etc. From this point of view, international public law can directly regulate relations between subjects of national legal systems.

The Charter of the United Nations (Article 1) sets out the main goals international cooperation states on present stage, namely:

1. Maintain international peace and security and, to this end, take effective collective measures to prevent and eliminate threats to the peace, as well as to suppress acts of aggression or other breaches of the peace, and to pursue peaceful means in accordance with the principles of justice and international law to settle or resolve international disputes or situations that may lead to a breach of the peace.

2. Develop friendly relations among nations on the basis of respect for the principle of equal rights and self-determination of peoples, as well as take other appropriate measures to strengthen world peace.

3. To carry out international cooperation in solving international problems economic, social, cultural and humanitarian character and in the promotion and development of respect for human rights and fundamental freedoms for all without distinction as to race, sex, language, religion, etc.

The very content of these goals determines that they can only be achieved through communication between states in accordance with the principles of international law. Such international relations regarding the solution of economic, social, humanitarian and other problems determine the appearance of their regulator: legally binding rules, norms of behavior for the participants in these relations. There is a process of emergence of the norms of international law, which in turn regulate the relations of states and other subjects of international law among themselves.

At the beginning of the development of the subject of international public law, legal norms are often confused by the social relations that they regulate. It should be emphasized the fallacy of such a perception of legal norms not as a regulator, but as a subject of regulation. Such perceptions and such views can lead to the dissolution of law in factual relations. Understanding this is essential for mastering the science of law.

It is also worth emphasizing that the scope of international law is always narrow from the scope of the spread of international relations, significantly richer than the legal norms that govern. In general, law can only approach realities, but is never able to embrace them in their entirety. However, it is an effective regulator of international relations.

We use the term "international relations" in a broad sense. These are bilateral or multilateral relations between states, and different kinds relations between states, international, intergovernmental organizations and power-like entities and other participants in international communication.

The process of mutual influence and interdependence of international relations and international law has been the subject of research in the theory of international law for quite a long time. Yes, back in late XIX V. Professor of Kyiv University (St. Vladimir) A. Eichelman, when preparing his "Anthology of Russian International Law", noted that the international relations of Russia are determined by laws and treaties. And the Vienna Agreements of 1815 created the "system of European international relations" after the defeat of the Napoleonic army.

Thus, it becomes obvious definitions, the subject of international legal regulation are international relations:

International economic relations;

International cultural relations;

International political relations;

International social relations etc.

International relations regulated by the norms of international law are international legal relations, include the following types:

Relations between states - bilateral and multilateral, that is, covering the international community as a whole;

Relations between states and international intergovernmental organizations;

Relations between states and state-like entities;

Relations between international intergovernmental organizations;

Relations between states and other subjects of international law, etc.

Object of international law

To understand the essence of international public law, the question of its object is very important. This concept should not be confused with the object of law and legal relations that are within the internal competence of the state. For international law, only those phenomena are relevant for which sovereign states and other entities establish international relations.

The object of international law is everything about which the subjects of international law enter into legal relations on the basis of the principles and norms of international law.

Such an object can be:

material and intangible goods,

Action or refraining from action.

At the same time, under material and intangible benefits, the inseparable interests of states mean, for example, common peace and security of peoples, mutually beneficial economic and other cooperation, cultural development peoples. This list is not exhaustive.

For example, the main event of the state visit to Ukraine of the President Russian Federation was the signing by the presidents of the two states of the Treaty of Friendship, Partnership and Cooperation (May 31, 1997). The treaty contains provisions on the status Black Sea Fleet on the territory of Ukraine. In this case, it is the parameters of the division of the Black Sea Fleet, mutual settlements and the conditions for its basing in Sevastopol that are the object of international legal relations between Ukraine and the Russian Federation.

Today, the concept of international law, the subject of international law and other aspects of this phenomenon are studied in detail by lawyers around the world. This legal set of norms and regulators provides big influence on the life and relationships of all modern countries.

Fundamentals of international law

The main object of international law are those relations of the world community that cannot be regulated. Why did it appear? Because some objects of legislation are simply not subject to the authorities of one country. That is why the concept of international law, the subject of international law and its other features primarily affect international relations.

Its other object is organizations, bodies and institutions that unite different states. General international law is necessary for them, since there is no authority that would guide their activities. At the same time, the states themselves continue to be independent of each other. The concept of international law, the subject matter of international law, does not affect their domestic legislation.

International private law

What is the concept and subject of private international law? The term first appeared in the 19th century. This is a set of rules necessary for the regulation of private law relations in the event that they arise in international space. In short, this phenomenon is called MCHP.

The principle of non-intervention

The UN Charter establishes the norm according to which states should not interfere in the internal affairs of another state. No power has the right to apply or encourage the use of political and economic measures aimed at subjugating another country or obtaining any advantage over the object of such a policy.

The principle of non-interference directly follows from the principle of sovereignty and the non-use of force. The concept, subject and functions of international law have been formulated for many years, and only in 1970 all the above norms were fixed in the UN Charter as mandatory for all members of the world community.

Self-determination of peoples

For diplomacy and political map world, the principle of self-determination of peoples is weighty. The UN recognizes each nation as a collective entity with the right to determine its own future. In this regard, the international community regards foreign yoke, intervention and infringement of the rights of ethnic minorities as a crime against humanity.

Accession to the state of new territories, division of the country, transfer of territory from one state to another - all this can occur only in accordance with the freely expressed will of the population of these regions. There are special political instruments for this - elections and referendums.

State cooperation

the UN and the whole world legal system were created so that the authorities of all countries could find a common language. This is the principle state cooperation which lies in the fact that any states, regardless of their political, economic and social differences, must cooperate with each other to maintain security throughout the world.

There are other nodes where international solidarity is needed. All states must cooperate to establish universal respect for human rights and fundamental freedoms. Related to these concepts is the problem of constructing civil society in many countries of the world with imperfect political system, authoritarian regimes, etc.

Today, the cooperation of states is also necessary in the field of culture, science and art. Strengthening interconnections leads to universal progress and prosperity. The UN platform is often used for such cooperation. For example, the United Nations has created the International Atomic Energy Agency.

Relations that are governed by international law are usually identified with the concept of "international legal relations". Such relationships can be divided into several main groups.

  • 1. Relations between states(bilateral, local, universal). Special meaning have relationships that affect the interests of all international community generally.
  • 2. Relations between states and MMPO. These relations arise mainly in connection with the membership of states in such organizations.
  • 3. Relations between states and GPOs; relations between states and nations fighting for independence.
  • 4. Relations of international organizations with each other.

All these types of relations are interstate relations, since they are mediated in one way or another by states. Interstate relations - these are any powerful public relations with the participation of the state. Legal relations acquire the character of international interstate due to the fact that they go beyond the competence and jurisdiction of one state, become the object of joint competence and jurisdiction of two or more states or the entire international community as a whole. Such relations always have a public law character.

Along with international interstate relations, the subject of regulation of international law is a certain group of international relations of a non-state nature (relations between INGOs, between individuals and international organizations).

The most complex in terms of legal regulation are mixed international relations of a state-non-state nature (diagonal relations). These are relations between states and non-traditional subjects of international law: between a state and individuals, states and INGOs. Such relations arise mainly in connection with the implementation by non-traditional subjects of international law of the quality of their international legal personality. The particular complexity of these relations lies in the fact that their participants are obviously unequal partners - sovereign states(the main subjects of international law, with international legal personality to the maximum extent) and, for example, individuals with a limited amount of international legal personality.

International interstate relations, which are the main subject of regulation of international law, can be divided into several groups depending on the problems involved.

  • 1. Issues that are interstate in nature objectively outside the competence of domestic authorities, related to universal values ​​and interests. By definition, they cannot be resolved in the national order - international security, disarmament, global environmental processes, the regime of international territories.
  • 2. Problems not related to universal human values, but objectively being interstate. Their solution is possible only if there is cooperation between two or more states - the establishment of state borders, the provision of legal assistance, dual citizenship, visa or visa-free entry procedures.
  • 3. Problems objectively related to the internal competence of the state, but of interest to the entire international community. The settlement of these problems is possible within the framework of the independent activities of individual states, but it is immeasurably more effective to resolve such issues at the level of international cooperation - the protection of human rights, the fight against international crimes, assistance in the event of a nuclear accident or radiation catastrophe.

Thus, subject international law are any public relations, in one form or another directly affecting the interests of states.

Functions international law are inextricably linked with the subject of its regulation. The functions of international law are the main directions of its impact on the interstate environment.

  • 1. Strengthening a stable system of international relations is the most important social function of international law.
  • 2. Legal regulation of international relations is the main legal function of international law.
  • 3. Countering the appearance in international relations of tendencies of destabilization and the use of force is the main protective function of international law.
  • 4. Internationalization of international relations - expansion and deepening of ties between states, development of the international division of labor, international market goods, services and labor.
  • 5. The information function of international law is the transfer of the accumulated experience of the rational behavior of states.

1. Concept, subject of regulation, functions, principles and sources of international law.

2. Subjects of international law. Succession in international law.

1. International law can be defined as a special system of law - a set of international legal principles and norms created by subjects of international law and regulating relations between states, peoples fighting for their independence, international organizations, state-like entities, and also, in some cases, relations involving individuals and legal entities.

Like any legal system, international law has its own subject of regulation. Relations that are the subject of international legal regulation can be divided into interstate and non-interstate.

Interstate - relations between states, between states and nations fighting for independence. International legal norms are aimed primarily at regulating relations between the main subjects of international relations - states.

International law also regulates relations of a non-interstate nature - i.e. relations in which the state is only one of the participants or does not participate at all. Relations between states and international organizations, between international organizations, between states, international organizations, on the one hand, and individuals and legal entities- on the other hand, as well as between individuals and legal entities.

The functions of international law are understood as the main directions of the influence of international law on relations that are the subject of international legal regulation. Actually, the legal functions of international law can be considered stabilizing, regulatory and protective.

The stabilizing function is that international legal norms are designed to organize the world community, establish a certain international legal order and stabilize it.

The most important of the functions of international law is regulatory. Establishing the international legal order and appropriately regulating public relations, international legal norms endow participants in international relations with certain rights and obligations.

The protective function is to ensure the proper protection of international legal relations. In case of violation of international obligations, the subjects of international legal relations have the right to apply the measures of responsibility and sanctions provided for by international law.

Basic principles of international law:

1. Principle sovereign equality states and respect for the rights inherent in sovereignty. According to this principle, all states in international relations enjoy sovereign equality, have equal rights and obligations, and are equal members of the world community. The concept of equality means that all states are legally equal and must respect the legal personality of other participants in international relations. All states enjoy the rights inherent in full sovereignty. They have the right to independently decide questions about participation in international conferences, organizations and international treaties. The principle of sovereign equality means that the territorial integrity and political independence of states are inviolable, and state borders can be changed only on the basis of an agreement and in accordance with the norms of international law.

2. In accordance with the principle of non-use of force or threat of force, all states in international relations are obliged to refrain from the threat or use of force against the territorial integrity and political independence of other states.

The threat of force should not be used as a means of settling disputes between states. Aggressive wars are declared crimes against peace and humanity and entail responsibility under international law. The territory of a state cannot be acquired by another state as a result of the threat or use of force. No territorial acquisition resulting from the threat of force is recognized as legal by international law.

3. According to the principle of peaceful settlement of international disputes, states are obliged to resolve their international disputes with other states by peaceful means and in a manner that does not endanger international peace, security and justice. Disputes may be resolved through negotiation, inquiry, mediation, conciliation, arbitration, judicial trial, appeals to international organizations or other means at the choice of states. If the parties do not resolve the dispute by one of the above means, they should seek to resolve the differences by other peaceful means.

4. On the basis of the principle of non-intervention in the internal affairs of states, each state has the right to independently choose its own political, economic, social or cultural system without interference from other states. In this regard, states do not have the right to directly or indirectly interfere in the internal or external affairs of another state; should not encourage subversive activities aimed at changing the order of another state through violence, and should not interfere in the internal struggle in another state, refrain from assisting terrorist or subversive activities.

5. Principle territorial integrity states implies that states must respect each other's territorial integrity. States also have an obligation to refrain from making each other's territory the object of occupation or measures of force in violation of international law. No occupation or acquisition of territory is thus recognized as legal.

6. In accordance with the principle of inviolability of frontiers, states consider as inviolable all frontiers of each other and must refrain from any demand or action aimed at seizing part or all of the territory of another state.

7. One of the fundamental principles of international law is the principle of respect for human rights, which are considered as an integral part of a comprehensive system international security. States have an obligation to respect human rights and fundamental freedoms without distinction as to race, sex, language or religion. Respect for human rights is an essential factor for peace, justice and democracy, necessary for friendly relations and cooperation.

8. The principle of the right to self-determination of peoples and nations means that all peoples have the right to freely determine, without outside interference, their political status and their economic, social and cultural development. States have an obligation to refrain from any violent action that deprives peoples of the right to self-determination. However, states should not encourage actions leading to dismemberment or to the violation of the territorial integrity or political unity of those states that have governments representing the whole people without distinction of race, creed or color.

9. The principle of cooperation between states. States must cooperate with each other. Developing cooperation, states should promote mutual understanding and trust, friendly relations among themselves, and improve the well-being of peoples.

The norms of international law are generally binding rules for the activities and relations of states or other entities.

There are no special rule-making bodies in the sphere of international relations. The norms of international law are created by the subjects themselves, primarily by states. The process of creating norms of international law is an agreement on the positions of states, including two stages: 1) reaching agreement on the content of the rule of conduct; 2) the mutually conditioned will of the states regarding the recognition of the rule of conduct as mandatory.

The norms of international law are fixed in the form of certain legal sources. The source of international law is considered to be the form of expression and consolidation of international legal norms.

Currently, in the practice of international communication, four forms of sources of international law have been developed: international treaty, international legal custom, acts international conferences and meetings, resolutions of international organizations.

2. Features of international law as a special system of law predetermine the specifics of international legal personality and, ultimately, the qualitative characteristics of the subjects of international law. The most important feature of the subject of international law is its right to perform independent international actions, including the creation of agreed international legal norms.

International legal personality can be defined as the legal capacity of a person to be a subject of international law. According to its origin, international legal personality is divided into factual and legal. Accordingly, there are two categories of subjects of international law: primary (sovereign) and derivative (non-sovereign).

The primary subjects of international law - states and struggling nations - by virtue of their inherent state or national sovereignty are recognized as carriers of international legal rights and obligations. Sovereignty (state or national) makes them independent from other subjects of international law and predetermines the possibility of independent participation in international relations.

The legal source of legal personality for non-sovereign subjects of international law is their constituent documents. Such documents for international organizations are their statutes adopted and approved by the subjects of international law (first of all, primary ones) in the form of an international treaty.

States are the main subjects of international law. International legal personality is inherent in states by virtue of the very fact of their existence. States have an apparatus of power and administration, possess territory, population and, most importantly, sovereignty.

The legal personality of warring nations, like the legal personality of states, is objective character, i.e. exists independently of anyone's will.

A separate group of subjects of international law is formed by international organizations. It's about on international intergovernmental organizations, i.e. organizations created by the primary subjects of international law. 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 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).

Some political-territorial formations also enjoy international legal status. This category of entities includes the Vatican and Order of Malta because they are most like mini-states and have almost all the signs of a state.

Issues of recognition are closely related to the problem of international legal personality. Recognition in international law is an international legal action of a subject of international law, by which he states the existence of a legally significant event, fact or behavior of a subject of international law. Through the act of recognition, the state agrees to the corresponding changes in the international legal order and in international legal personality. Recognition, in particular, ascertains access to international arena of a new state or government and is aimed at establishing legal relations between the recognizing and recognized states, the nature and extent of which depends on the type and form of recognition. Recognition as a legal fact is the basis for all subsequent relations between subjects of international law. Diplomatic and consular relations are established after recognition.

There are two forms of recognition: de jure recognition and de facto recognition.

De facto recognition is an official but incomplete recognition. This form is used when they want to pave the way for the establishment of relations between states, or when a state considers de jure recognition premature. Today, de facto recognition is quite rare.

De jure recognition is full and final recognition. It involves the establishment of international relations between the subjects of international law in full and is accompanied, as a rule, by a statement on the official recognition and establishment of diplomatic relations.

It is customary to call the succession of states a transition, taking into account the basic principles of international law and the norms on the succession of certain rights and obligations from one state to another. In addition to states, the subjects of succession in international law are international organizations.

The succession of states means the replacement of one state by another in bearing responsibility for the international relations of a territory. In case of succession, a distinction is made between: the predecessor state (the state that was replaced by another during the succession) and the successor state (the state that replaced the predecessor). The grounds for the emergence of the issue of succession may be social revolutions, decolonization, unification or separation of states, transfer of part of the territory to another state.