Introduction

1. The concept of international security law

1.1. Special principles of international security

1.2. General system of collective security

1.3. Regional collective security systems

2. Confidence Building Measures

2.1. Neutrality and its role in maintaining international peace and security

Conclusion

Bibliography

Introduction

The topic of this work "international security law" was not chosen by me by chance, in my opinion, it is the most relevant today. This can be explained by the dynamically developing political situation in the international arena.

The task of ensuring international security ultimately comes down to solving problems associated with the development and implementation of political and legal means of preventing wars and armed conflicts, maintaining or restoring international peace. In the broadest sense, all the normative material of modern international law is aimed at solving these problems. In a narrower sense, the solution to the problem of ensuring peace is the norms of international security law, the main purpose of which is in one way or another connected with the implementation of the principle of the non-use of force and the threat of force in international relations.

Thus, in the theory and practice of international relations, there is no single concept of security. There are, in particular, such varieties as "national security", "global security", "global security", "international security", etc. Each of them implies the coverage of a special complex of social relations, has various historical, ideological and political and legal origins.

1. The concept of international security law

One of the most important goals of the world community is to ensure international security. International security is understood as a state of international relations in which threats to peace, violation of the peace and acts of aggression in any form are excluded, and relations between states are based on the norms and generally recognized principles of international law.

In accordance with Art. 1 of the UN Charter, one of the most important goals of this organization is to maintain international peace and security and to take effective collective measures for this purpose to prevent and eliminate threats to peace and suppress acts of aggression or other violations of the peace and implement by peaceful means, in accordance with the principles of justice and international law. , settling or resolving international disputes or situations that may lead to the violation of the peace.

International law plays a special role in ensuring international security. At present, a relatively independent branch has developed in international law - the law of international security, which is a subsystem within the framework of an integral, unified system of international law.

The norms of international security law are enshrined in many international legal acts, primarily in the UN Charter, the charters of regional collective security organizations, agreements on disarmament, limitation of armed forces, agreements on confidence-building measures and a number of others.

The core of the branch of international security law is made up of the basic principles of international law, such as the non-use of force and threats by force, non-interference in internal affairs, and others. At the same time, international security law has its own special principles - the principle of equal security and the principle of not harming the security of states.

The means of ensuring international security established by international law can be divided into the following groups:

b) by the role in ensuring international security;

c) by the scope of application (within the territory of one state, within the region, on a worldwide scale).

There is a wide range of international legal means of ensuring international security. It includes in particular:

peaceful means of settling international disputes;

collective security systems (universal and regional);

measures to prevent an arms race and disarmament;

non-alignment and neutrality;

confidence building measures.

One of the most important measures for maintaining international peace is the collective security system. From the point of view of international law, collective security is a set of joint measures by states and international organizations to prevent and eliminate threats to international peace and security and suppress acts of aggression and other violations of the peace. Legally, the international security system is formalized by international treaties.

Distinguish between general and regional systems of collective security.

The general (universal) system of collective security is provided for by the UN Charter and provides for the following measures:

means of peaceful settlement of international disputes;

peacekeeping measures using regional security organizations;

temporary measures to suppress violations of international peace and security;

coercive measures against violating states without the use of military forces;

coercive measures against aggressor states with the use of armed forces.

Regional collective security systems are created in accordance with Ch. VIII of the UN Charter "Regional agreements". The UN Charter does not in any way preclude the existence of regional agreements or bodies to resolve issues such as the maintenance of international peace and security that are appropriate for regional action, provided that such agreements or bodies and their activities are consistent with the purposes and principles of the United Nations. States that have entered into such agreements or constitute such bodies should make every effort to achieve a peaceful resolution of local disputes through such regional agreements or such regional bodies before referring these disputes to the UN Security Council.

1.1. Special principles of international security

The fundamental principles of international security are the principle of equal security and the principle of not harming the security of states.

These principles are reflected in the UN Charter. UN General Assembly Resolution 2734 (XXV), Declaration on Strengthening International Security of December 16, 1970, Declaration on Strengthening the Effectiveness of the Principle of Renunciation of the Threat or Use of Force in International Relations (November 18, 1987), UN General Assembly Resolution 50/6 , Declaration on the occasion of the fiftieth anniversary of the United Nations of October 24, 1995, Declaration on the principles of international law concerning friendly relations and cooperation between states in accordance with the UN Charter of October 24, 1970 and other international legal documents.

Thus, in accordance with the UN Charter, all UN members resolve their international disputes by peaceful means in such a way as not to endanger international peace and security and justice, refrain in their international relations from the threat or use of force as against the territorial inviolability or political independence of any state, so and in any other way incompatible with the purposes of the United Nations.

The principles of international security were also reflected in the Declaration on Strengthening the Effectiveness of the Principle of Refraining from the Threat of Force or its Use in International Relations (November 18, 1987). In accordance with the Declaration, each state is obliged to refrain in its international relations from the threat or use of force against the territorial inviolability or political independence of any state, as well as from any other actions incompatible with the goals of the United Nations. Such a threat or use of force is a violation international law and the UN Charter and entail international responsibility The principle of rejection of the threat of force or its use in international relations is universal in nature and binding, regardless of the political, economic, social or cultural system or allied relations of each state. can be used to justify the threat or use of force in violation of the Charter.

States are obliged not to induce, encourage or assist other states in the use of force or the threat of force in violation of the Charter.

By virtue of the principle of equality and self-determination embodied in the Charter, all peoples have the right to freely determine, without outside interference, their political status and to pursue economic, social and cultural development, and each state is obliged to respect this right in accordance with the provisions of the Charter. States must comply with their obligations under international law to refrain from organizing, abetting, aiding or participating in paramilitary, terrorist or subversive activities, including the actions of mercenaries, in other States from condoning organized activities aimed at the commission of such actions, within the limits of their territory.

States are obliged to refrain from armed intervention and all other forms of interference or attempted threats directed against the legal personality of the state or against its political, economic and cultural foundations. No state should use or encourage the use of economic, political or any other measures in order to achieve the subordination of another state in the exercise of its sovereign rights and to obtain any advantages from this. In accordance with the purposes and principles of the UN, states are obliged to refrain from propaganda of aggressive wars.

Neither the acquisition of territory by the threat or use of force, nor any occupation of the territory by the threat or use of force in violation of international law will be recognized as a legitimate acquisition or occupation.

All member states of the world community are called upon to make efforts to build their international relations on the basis of mutual understanding, trust, respect and cooperation. In terms of what has been said, the goal is to develop bilateral and regional cooperation as one of the important means of enhancing the effectiveness of the principle of refraining from the threat of force or its use in international relations.

Within the framework of the established criteria for proper conduct, states are guided by their adherence to the principle of peaceful settlement of disputes, which is inextricably linked to the principle of refraining from the threat or use of force in international relations. States that are parties to international disputes must resolve their disputes exclusively by peaceful means in such a way as not to endanger international peace, security and justice. To this end, they use means such as negotiation, investigation, mediation, conciliation, arbitration, litigation, recourse to regional bodies or agreements, or other peaceful means of their choice, including good offices.

In development of their obligations under the UN Charter, states are taking effective measures in order to prevent the threat of any armed conflicts, including conflicts in which nuclear weapons may be used, to prevent an arms race in outer space and to stop and reverse the arms race on Earth, to reduce the level of military confrontation and strengthen global stability.

Building on their stated commitment to strengthening the rule of law and the rule of law, states cooperate at the bilateral, regional and international levels to:

preventing and combating international terrorism;

actively promoting the elimination of the underlying causes of international terrorism.

In order to ensure a high level of trust and mutual understanding, states seek to take concrete measures and create favorable conditions in the field of international economic relations in order to achieve international peace, security and justice. At the same time, they take into account the interest of all countries in narrowing the gap in the levels of economic development, and in particular the interests of developing countries around the world.

The principles of international security were enshrined in the Declaration on Principles of International Law Concerning Friendly Relations and Cooperation between States in accordance with the UN Charter. Thus, in accordance with the Declaration, each state in its international relations is obliged to refrain from the threat of force or its use against the territorial inviolability or political independence of any state, or in any other way incompatible with the goals of the UN. Such a threat or use of force is a violation of international law and the UN Charter; they should never be applied as an environment for the settlement of international issues.

Aggressive war is a crime against peace that carries responsibility under international law.

In accordance with the goals and principles of the UN, states are obliged to refrain from propaganda of aggressive wars. Each state is obliged to refrain from the threat or use of force for the purpose of violating the existing international borders of another state or as a means of resolving international disputes, including territorial disputes and issues concerning state borders. Equally, each State is obliged to refrain from the threat of force or the use to violate international lines of demarcation, such as armistice lines, established or consistent with an international agreement to which the State is a party, or which that State is obliged to comply with on any other basis. Nothing in the above should be construed as prejudicial to the positions of the parties concerned with regard to the status and consequences of the establishment of such lines under their special regimes or as violating their temporary nature.

States are obliged to refrain from acts of reprisal involving the use of force. Each state is obliged to refrain from any violent actions that deprive the peoples, which are referred to in the concretization of the principles of equality and self-determination, of their right to self-determination, freedom and independence. Each state is obliged to refrain from organizing or encouraging the organization of irregular forces or armed bands, including mercenaries, to invade the territory of another state.

Each state is obliged to refrain from organizing, instigating, assisting or participating in acts of civil war or terrorist acts in another state, or from condoning organizational activities within its own territory aimed at committing such acts, in the event that the acts involve the threat of force or its application. The territory of the state should not be the object of military occupation resulting from the use of force in violation of the provisions of the Charter. The territory of a state should not be the object of acquisition by another state as a result of the threat or use of force. No territorial acquisitions resulting from the threat or use of force should be recognized as legitimate. Nothing in the above should be construed as infringing:

a) the provisions of the Charter or any international agreement concluded prior to the adoption of the Charter and having legal force in accordance with international law; or

b) the powers of the Security Council in accordance with the Charter.
All states should negotiate in good faith with a view to the early conclusion of a universal treaty on general and complete disarmament under effective international control and strive to take appropriate measures to reduce international tension and build confidence among states.

All States should, on the basis of universally recognized principles and norms of international law, fulfill in good faith their obligations to maintain international peace and security and strive to improve the effectiveness of the United Nations security system based on the Charter.

Nothing in the parameters of what has been said should be construed as an extension or limitation in any way of the scope of the provisions of the Charter in cases where the use of force is lawful.

States shall resolve their international contested means in such a way as not to jeopardize international peace and security and justice. Each state resolves its international disputes with other states by peaceful means in such a way as not to jeopardize international peace and security and justice.

States should therefore endeavor to resolve their international disputes promptly and fairly through negotiation, examination, mediation, conciliation, arbitration, litigation, recourse to a regional body or agreement, or other peaceful means of their choice. In seeking such a settlement, the parties must agree on such peaceful means as are appropriate to both the circumstances and the nature of the dispute.

The parties to a dispute are obliged, in the event that they do not reach a settlement of the dispute by one of the above-mentioned peaceful means, to continue to strive for the settlement of the dispute by other peaceful means agreed between them.

States that are parties to an international dispute and other States should refrain from any action that could aggravate the situation so much that

the maintenance of international peace and security, and must act in accordance with the purposes and principles of the UN.

International disputes are resolved on the basis of the sovereign equality of states and in accordance with the principle of free choice of means of peaceful settlement of disputes. The application of a dispute settlement procedure, or consent to such a procedure, which has been freely agreed upon between States in relation to existing or future disputes to which they are parties, should not be considered an incompatible principle of sovereign equality.

States are obliged not to interfere in matters within the internal competence of any state. No state or group of states has the right to interfere, directly or indirectly, for whatever reason, in the internal and external affairs of another state. Consequently, armed intervention and all other forms of interference or all threats directed against the legal personality of the state or against its political, economic and cultural foundations are a violation of international law.

No state can neither apply nor encourage the use of economic, political measures or measures of any other nature in order to achieve the subordination of another state in the exercise of its sovereign rights and to obtain any advantages from it. No state should also organize, help, incite, finance, encourage or tolerate armed, subversive or terrorist activities aimed at changing the structure of another state through violence, as well as interfere in the internal struggle in another state.

The use of force to deprive peoples of the form of their national existence is a violation of their inalienable rights and the principle of non-interference.

Each state has the inalienable right to choose its political, economic, social and cultural system without any form of interference from any other state.

The principle of the sovereign equality of states, including in the field of security, enshrined in this Declaration is also important. All states enjoy sovereign equality. They have the same rights and obligations and are equal members of the international community, regardless of differences of an economic, social, political or other nature.

In particular, the concept of sovereign equality includes the following elements:

states are legally equal;

each state enjoys the rights inherent in full sovereignty;

each state is obliged to respect the legal personality of other states;

territorial integrity and political independent states are inviolable;

every state has the right to freely choose and develop its political, social, economic and cultural systems;

each state is obliged to fulfill fully and in good faith its international obligations and to live in peace with other states.

1.2. General system of collective security

The main instrument for preserving peace and preventing the outbreak of war is the general system of collective security provided for by the UN Charter. The Charter establishes the foundations of the modern world legal order, the principles of relations between states in the international arena and provides for a whole range of measures to preserve international peace and suppress acts of aggression. Among them:

· Means of peaceful settlement of international disputes;

· Measures to ensure peace using regional security organizations;

· Coercive measures against violating states without the use of armed forces;

· Coercive measures against aggressor states using armed forces.

One of the most important elements of the overall system of collective security is the peaceful resolution of international disputes, which is determined by Ch. VI of the UN Charter "Peaceful settlement of disputes". In accordance with this chapter of the UN Charter, the parties to any dispute, the continuation of which could threaten the maintenance of international peace and security, should first of all try to resolve the dispute through negotiations, examination, mediation, conciliation, arbitration, or other peaceful means of their choice. ... The UN Security Council, when it considers it necessary, requires the parties to resolve their dispute by such means. It is empowered to investigate any dispute or any situation that may lead to international friction or cause a dispute, in order to determine whether the continuation of this dispute or situation may threaten the maintenance of international peace and security.

In addition, any UN member can bring any dispute to the attention of the Security Council or the General Assembly. A State that is not a member of the Organization may also bring to the attention of the Security Council or the General Assembly any dispute to which it is a party if it undertakes in advance in respect of that dispute the obligation of the amicable settlement of disputes.

In accordance with the UN Charter, measures using regional security organizations can be applied to ensure international peace. In accordance with Art. 53 of the Charter of the UN Security Council uses, where appropriate, such regional agreements or bodies for enforcement action under its leadership. However, regional organizations cannot use any coercive actions without the authority of the Security Council, with the exception of measures related to repelling an armed attack on one of the states participating in the regional collective security system.

An important element of the overall system of collective security is also actions in relation to threats to peace, violations of the peace and acts of aggression, provided for in Ch. VII of the UN Charter.

Thus, the Security Council determines the existence of any threat to peace, any violation of the peace or an act of aggression and makes recommendations or decides what measures should be taken to maintain or restore international peace and security. In order to prevent a deterioration of the situation, the Security Council is empowered, before making a recommendation or deciding to take action, to require the parties concerned to carry out such interim measures as it deems necessary or desirable. Such interim measures must not prejudice the rights, claims or position of the parties concerned. The Security Council takes due account of the failure to comply with these interim measures.

The Security Council is empowered to decide what non-military measures should be taken to implement its decisions, and it may require

Members of the Organization applying these measures. These measures may include complete or partial interruption of economic relations, rail, sea, air, postal, telegraph, radio or other means of communication, as well as the severance of diplomatic relations.

Should the Security Council consider that these measures may prove insufficient or have already proved to be insufficient, it shall be empowered to take such action by air, sea or land forces as will be necessary to maintain or restore the international peace of security. Such actions may include demonstrations, blockades and other operations by air, sea or land forces of Members of the Organization. All Members of the Organization, in order to contribute to the maintenance of international peace and security, undertake to make available to the Security Council, at its request and in accordance with special agreement or agreements, the armed forces, assistance and appropriate facilities necessary for the maintenance of international peace and security. , including the right of way. Thus, the agreement or agreements determine the number and type of troops, the degree of their readiness and their general disposition and the nature of the means of service and assistance provided.

The plans for the use of armed forces are drawn up by the Security Council with the help of the Military Staff Committee, which is created in order to give advice and assistance to the Security Council on all issues related to the military needs of the Security Council in maintaining international peace and security, to the use of troops provided at his disposal, and to command them, as well as Arms Regulation and eventual disarmament. The Military Staff Committee consists of the chiefs of staff of the permanent members of the Security Council or their representatives. Any member of the Organization not permanently represented on the Committee shall be invited by the Committee to cooperate with it if the effective discharge of the Committee's duties requires the participation of that member of the Organization in the work of the Committee. The Military Staff Committee, subordinate to the Security Council, is responsible for the strategic direction of any military forces placed at the disposal of the Security Council. Questions relating to the command of such forces are to be developed at a later date.

The UN Charter does not affect the inalienable right to individual or collective self-defense in the event of an armed attack on a member of the Organization, until the Security Council takes the measures necessary to maintain international peace and security. The measures taken by the Members of the Organization in exercising this right to self-defense shall be communicated immediately to the Security Council and shall in no way affect the powers and responsibilities of the Security Council, in accordance with this Charter, with regard to taking such action at any time as it deems necessary for maintaining or restoring international peace and security.

1.3. Regional collective security systems

The creation and operation of regional systems of collective security is determined by Ch. VIII of the UN Charter "Regional agreements", documents of these organizations and other international legal documents.

In accordance with the Charter of the United Nations, members of a regional organization concluding such agreements or constituting such bodies should make every effort to achieve a peaceful resolution of local disputes through such regional agreements or such regional bodies before referring these disputes to the Security Council. The Security Council should encourage the development of the application of the peaceful resolution of local disputes through such regional agreements or regional bodies, either on the initiative of the States concerned or on its own initiative.

The Security Council should always be fully informed of actions taken or planned by virtue of regional agreements or regional bodies to maintain international peace and security.

Regional collective security systems are characterized by the following features:

· The obligation of the parties to the agreement to resolve disputes between themselves exclusively by peaceful means is fixed;

· Provides for the obligation of the participants to provide individual or collective assistance to the state, which has been subjected to an armed attack from the outside;

· The adopted measures of collective defense are immediately notified to the UN Security Council;

· The contract involves, as a rule, the states of one region, and the contract itself is valid within a predetermined area specified in the agreement of the parties;

· The acceptance of new states into the security system established by the treaty is possible only with the consent of all its participants.

Regional systems of collective security include:

1) The system of collective security within the CIS

In accordance with the 1992 Collective Security Treaty, the 1992 Agreement on the Approval of the Regulations on the Collective Security Council (involving Armenia, Kazakhstan, Kyrgyzstan, the Russian Federation, Tajikistan, Uzbekistan), the Collective Security Council was established within the CIS. The seat of the Council is Moscow.

The Council includes the heads of the participating States and the Commander-in-Chief of the OVSS. By a decision of the Council, the Secretary General of the Council is appointed, as well as the Commander-in-Chief of the armed forces of the states parties to the Treaty.

The Council, inter alia, shall establish and take measures as it deems necessary to maintain or restore peace and security. Such measures are immediately notified to the UN Security Council.

Within the framework of the CIS, the Joint Armed Forces of the Commonwealth have also been created - troops, forces and their command and control bodies, separated from the armed forces of the Commonwealth states and operatively subordinate to the OVSS High Command, but remaining directly subordinate to the military command and control bodies of their states.

The CIS Charter provides that in the event of a threat to the sovereignty, security and territorial integrity of one or several member states or to international peace and security, the Commonwealth members hold mutual consultations to take measures to eliminate the threat, including peacekeeping operations and the use of armed forces in the exercise of the right to individual or collective self-defense under Art. 51 of the UN Charter. The decision on the joint use of the armed forces is taken by the Council of Heads of State or interested CIS members.

2) Organization of American States

The Organization of American States (OAS) was created on the basis of the Inter-American Treaty on Mutual Assistance in 1947, the Charter of the OAS in 1948, the Inter-American Treaty on the Peaceful Settlement of International Disputes of 1948. significant changes were made to the 1947 Treaty and the OAS Charter.

The goals of the OAS are to achieve peace and security on the American continent, to strengthen solidarity and cooperation, to protect territorial integrity, to organize joint actions in the event of aggression, and to peacefully resolve disputes.

Any American state that has ratified its Charter can be a member of the OAS. At present, all American states participate in the OAS, with the exception of Canada and Cuba.

In accordance with Art. 25 of the OAS Charter, any aggression against one of the American states is considered as aggression against all the others. The Charter gives an extended list of cases when states are entitled to apply measures of "lawful collective self-defense": if the inviolability or integrity of the territory, or sovereignty, or political independence of any American state is violated through armed attack or an act of aggression, or an intracontinental conflict between American states, or in the result of a situation that could endanger the peace of America.

Unlike other regional collective security systems, the OAS Charter does not provide for an OAS obligation to notify the UN Security Council of military measures taken, which appears to be inconsistent with the provisions of the UN Charter.

The structure of the OAS is more complex than that of other regional organizations.

The supreme body of the OAS is the General Assembly, in which all OAS member states are represented.

A Consultative Meeting of Foreign Ministers has been set up to deal with urgent problems. Under him, a Defense Advisory Committee was established to coordinate the activities of the participants on issues of military cooperation.

The functions of the OAS Council, consisting of representatives of the OAS member states, include familiarization with all inter-American treaties concluded by the OAS states, the development of draft conventions within the OAS, ensuring the work of the so-called. Pan American Union, facilitating relations with the UN, etc.

The General Secretariat of the OAS (formerly the Pan American Union) is headed by the Secretary General of the OAS, who is elected for a five-year term.

In addition to the main bodies in the OAS, there are subsidiary structures: specialized conferences and specialized organizations (Inter-American Commission on Human Rights, Inter-American Legal Committee, etc.).

3) North Atlantic Treaty (NATO)

The North Atlantic Treaty was signed in 1949. The original members of NATO were the USA, Great Britain, France, Italy and others, in total - 26 states. NATO currently has 16 members.

According to the provisions of the North Atlantic Treaty (Articles 5 and 7), an armed attack against one or more participating States will be considered an attack against all of them; if such an attack occurs, each participant will assist the attacked party by all means, including the use of armed force. An attack includes an armed attack, both on the territory of the Member States and on their ships and aircraft in a specific area.

Any such attack and all measures taken are immediately reported to the UN Security Council, which takes action to restore and maintain international peace and security.

In accordance with the Treaty, a NATO Council is created, in which all members are represented. The Council establishes subsidiary bodies - the Defense Committee, the Chiefs of Staff Committee, etc. Any other European state that is in a position to implement the principles of this Treaty can join NATO, in accordance with the provisions of the Treaty, by agreement of all parties.

4) Treaty on the Defense of Southeast Asia

The Southeast Asia Defense Treaty was signed in 1954 by eight states (USA, England, France, Australia, New Zealand, Pakistan, Thailand, Philippines). According to the provisions of the Treaty (Art. 4), in the event of an armed attack against one of the parties in the area covered by the Treaty, the participating States are obliged to provide individual and collective assistance in repelling aggression in accordance with their constitutional provisions. In this case, the concept of "area covered by the treaty" includes all the territories of the Asian parties to the treaty and the region of the southwestern part of the Pacific Ocean. The measures taken are immediately notified to the UN Security Council.

A Council is created to consider the implementation of the provisions of the agreement. You can become a party to the Treaty with the unanimous consent of all its members.

2. Confidence Building Measures

The institution of confidence-building measures plays an important role in preventing the threat of war. Confidence-building measures are a system of organizational and legal measures carried out in order to reduce the military threat and ensure trust between states.

The system of confidence-building measures operating in Europe is primarily based on the provisions of the CSCE documents and includes both measures to ensure interaction and communication between states, as well as notification of military activities, and the dispatch of observers to military exercises.

The 1975 Helsinki Final Act provides for the implementation of the following confidence-building measures between the CSCE states:

· Preliminary (21 days in advance) notification of major military exercises involving over 25,000 people;

· Exchange of observers at military exercises;

· Advance notification of major troop movements.

Confidence-Building Measures, enshrined in the Final Act, were improved by the Outcome Document of the 1986 Stockholm Conference on Confidence- and Security-Building Measures and Disarmament in Europe.

The document, in particular, establishes:

preliminary (42 days in advance) notification of certain types of military activities (for example, military activities involving more than 13,000 people, 300 tanks, or 5,000 paratroopers are subject to notification);

monitoring and control over certain types of military activities. States invite observers from all other participants for activities involving over 17,000 military personnel or 5,000 paratroopers. At the same time, during the performance of their functions, observers are granted diplomatic privileges and immunities, the obligatory exchange of annual plans for military activities subject to notification;

prohibition to carry out activities subject to notification that are not included in the relevant plans;

ensuring verification of compliance with confidence-building measures. The CSCE states have the right to conduct, upon request, inspections in the zone of application of confidence-building measures (but no more than three per year and no more than one from each participant).

Vienna CSCE documents 1990 and 1992 significantly expanded both the list of confidence-building measures, as well as the scope of their application and the current time, the system of confidence-building measures includes new institutions (on-site inspections, technical control, etc.).

2.1. Neutrality and its role in maintaining international peace and security

Neutrality is an important international legal means of ensuring international security. In modern international relations, there are the following types of neutrality: permanent, positive, traditional and contractual.

Permanent neutrality is the international legal status of a sovereign state, according to which it is obliged not to participate in armed conflicts, not to enter military alliances (blocs), and not to permit the construction of military bases of foreign states on its territory.

The integrity and inviolability of such a state, on the one hand, is enshrined in domestic acts, on the other hand, it can be guaranteed by an international treaty to which other states are parties.

Permanently neutral states are, in particular, Switzerland and Austria.

Positive neutrality (non-aligned movement) presupposes non-participation in the military alliances of states, active participation in the struggle to prevent war, preserve peace, and for disarmament. A policy of positive neutrality is pursued by about 100 states in Asia, Africa and Latin America.

The Non-Aligned Movement is guided by the following principles: ensuring international peace and security, easing international tension, ending the arms race, restructuring international economic relations on a just and democratic basis, and establishing a new international information order.

The highest forum of the Non-Aligned Movement is the Conference of Heads of State and Government of Non-Aligned Countries, which is convened once every three years. The implementation of the decisions of the Conference is entrusted to the Coordination Bureau, established in 1973. The members of the Bureau are elected on the basis of regional representation.

Traditional neutrality is the neutrality of a state that is not formalized in an international treaty, but is voluntarily observed by it for a long time (for example, Sweden). The main feature of traditional neutrality is that it expresses the neutral position of the state in times of war.

Traditional neutrality differs from permanent neutrality in that a permanently neutral state conducts neutrality based on an international treaty on a permanent basis. Traditional neutrality is not linked to international legal obligations and can be terminated unilaterally at any time.

Treaty neutrality is a neutrality in which the rights and obligations of the parties are determined by an international treaty.

Thus, in accordance with the Agreement on Consent and Cooperation between the Russian Federation and Canada (Ottawa, June 19, 1992), the Russian Federation and Canada agree to refrain from the threat or use of force against the territorial integrity or political independence of each other and to resolve any mutual disputes by peaceful means, using for this UN mechanisms, the Conference on Security and Cooperation in Europe and other international agreements to which we are parties. If one of the parties becomes the object of armed aggression, the other side, in accordance with its agreements on security and defense relations, will not provide the aggressor with military or any other assistance. If one side believes that the emerging situation threatens international peace or its vital security interests, then bilateral consultations will be held at its request.

Conclusion

In conclusion, I would also like to highlight one of the key problems of international security - disarmament. At present, international law has developed a wide range of norms on arms limitation and disarmament. The main areas of international cooperation in this area are:

Nuclear disarmament (Treaty Banning Nuclear Weapon Tests in the Atmosphere, in Outer Space and Under Water (Moscow, August 5, 1963), Treaty on the Non-Proliferation of Nuclear Weapons (Geneva, July 1, 1968), Comprehensive Nuclear Test Ban Treaty September 24, 1996;

Prohibition of the production and elimination of certain types of weapons (Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on Their Destruction, 1972, the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction, 1993 G.);

Limitation of certain types of weapons (the Treaty between the USSR and the United States on the limitation of anti-missile defense systems, 1972, the 1991 Treaty on the Reduction and Limitation of Strategic Offensive Arms, the 1993 Treaty on the Further Reduction and Limitation of Strategic Offensive Arms)

· Limitation of the territories for the deployment of certain types of weapons (Treaty on the Prohibition of Nuclear Weapons in Latin America, 1967, Treaty on Prohibiting the Placement of Nuclear Weapons and Other Types of Weapons of Mass Destruction at the Bottom of Seas and Oceans and in Its Depths, 1971, etc.);

· Limitation and reduction of armed forces (Treaty on Conventional Armed Forces in Europe 1990);

· Demilitarization and neutralization of certain territories (Antarctica - under the Treaty of 1958);

· Measures of a general nature to ensure security (Convention on the Prohibition of Military or Any Other Hostile Use of Means of Influencing the Natural Environment, 1976).

Thus, international security is a complex political and legal concept with a specific historical character. The process of formation in the public legal consciousness of ideas about the means and methods of ensuring international security, the military-political and legal content of this concept, about the nature of the relationship between international and national security, as well as the corresponding rule-making and law enforcement activities of states in different epochs of human history had a significant impact the results of a long and far from straightforward process of comprehending the problems of war and peace, the relationship between law and force in international relations.

Bibliography

1. Charter of the United Nations

2. Declaration on the principles of international law concerning friendly relations and cooperation between states in accordance with the Charter of the United Nations, October 24, 1970.

5. Constitution of the Russian Federation, 1993

7. Declaration on the observance of the sovereignty, territorial integrity and inviolability of the borders of the member states of the Commonwealth of Independent States, April 15, 1994

8. Charter of the United Nations Educational, Scientific and Cultural Organization, November 16, 1945

11. International law: Textbook \ ed. V.I. Kuznetsov. - M :. Lawyer 2005 - 672s.

12. International law: Textbook. 2nd ed., Rev. and additional - Kalamkaryan R.A., Migachev Yu.I. 2006 - 736s.

133. Concept, goals and principles of international security law

International Security Law- a set of legal methods consistent with the basic principles of international law, aimed at ensuring peace and collective measures applied by states against acts of aggression and situations that threaten the peace and security of peoples.

The legal basis of modern international security law is primarily formed by such basic principles as the principle of the non-use of force, the principle of peaceful settlement of disputes, and the principle of disarmament.

Special principles of international security law are also normative. Among them, the principles of equality and equal security should be highlighted, without prejudice to the security of states, etc. Equal security is understood in the legal sense: all states have an equal right to ensure their security. At the same time, there may not be actual equality, parity in armaments and armed forces. International law knows a vast arsenal of specific means of ensuring international security. These include:

• collective security (global and regional);
• disarmament;
• peaceful means of resolving disputes;
• measures to ease international tension and end the arms race;
• measures to prevent nuclear war;
• non-alignment and neutrality;
• measures to suppress acts of aggression, violation of the peace and threats to peace;
• self-defense;
• actions of international organizations;
• neutralization and demilitarization of certain territories, elimination of foreign military bases;
• the creation of zones of peace in different regions of the world;
• confidence-building measures between states.

the main objective international security is formulated in the UN Charter - "to maintain peace and international security" by "taking effective collective measures to prevent and eliminate threats to peace and suppress acts of aggression or other violations of the world."

134. General collective security. The right to self-defense and humanitarian intervention

Collective securitymeans a system of joint measures by states of the whole world or a certain geographic area, undertaken to prevent and eliminate threats to peace and suppress acts of aggression. Collective security is based on the UN Charter.

Collective security systemhas two main features as a common characteristic. The first sign is the acceptance by the states - participants of the system of at least three obligations, as it were, “inside” the system:

• do not resort to force in their relationships;
• resolve all disputes amicably;
• cooperate actively to eliminate any danger to the world.

The second sign is the presence of the organizational unity of the states participating in the system. It is either an organization that acts as a "classic" form of collective security (for example, the UN), or another expression of unity: the establishment of consultative or coordinating bodies (for example, the Non-Aligned Movement). There are two types of system. collective security: general (universal) and regional.

Universal collective security is based on the functioning of the UN. In the mechanism for ensuring universal security, it is not coercive but peaceful measures that come to the fore.

Humanitarian intervention- the use of military force against a foreign state or any forces on its territory to preventhumanitarian disaster or genocidelocal population.

The following actions do not fall under the concept of humanitarian intervention:

• UN peacekeeping operationswith the consent of the state on whose territory they are undertaken;
• shares using military force at the request of the legitimate government (including shares stipulated by agreements). However, there are situations in which it is not easy to establish what constitutes legal government or valid consent.
• military operations undertaken by the state in order to save its citizens abroad from an imminent threat to their life or health;
• actions of a compulsory nature that do not include the use of armed force.

135. Regional international organizations in the collective security system

Organization of American States

The Organization of American States (OAS) was established on the basis of the 1947 Inter-American Treaty on Mutual Assistance, the 1948 OAS Charter and the 1948 Inter-American Treaty for the Peaceful Settlement of International Disputes. Any American state that has ratified its Charter can be a member of the OAS. At present, all American states participate in the OAS, with the exception of Canada and Cuba.

The goals of the OAS are to achieve peace and security on the American continent, to strengthen solidarity and cooperation, to protect territorial integrity, to organize joint actions in the event of aggression, and to peacefully resolve disputes.

North Atlantic Treaty Organization (NATO)

The North Atlantic Treaty was signed in 1949. At present, the number of NATO members is 16 The question of whether NATO is a regional international organization is rather controversial: after all, it includes states from three continents.

According to the provisions of the North Atlantic Treaty (Articles 5 and 7), an armed attack against one or more participating States will be considered as an attack against all of them, if such an attack occurs, each participant will help the party attacked by all means, including the use of armed force ... An attack includes an armed attack both on the territory of the Member States and on their ships and aircraft in a specific area.

The seat of NATO is Brussels (Belgium).

Collective security system within the CIS

In accordance with the 1992 Collective Security Treaty and the 1992 Agreement on the Approval of the 1992 Collective Security Council Regulations (involving Armenia, Kazakhstan, Kyrgyzstan, Russia, Tajikistan, Uzbekistan), a Collective Security Council was established within the CIS.

The CIS Charter provides that in the event of a threat to the sovereignty, security and territorial integrity of one or several member states or to international peace and security, the Commonwealth members hold mutual consultations to take measures to eliminate the threat that has arisen, including peacekeeping operations and the use of armed forces in the exercise of law for individual or collective self-defense under Art. 51 of the UN Charter.

The decision on the joint use of the armed forces is taken by the Council of Heads of State or interested CIS members.

136. OSCE. NATO

ORGANIZATION FOR SECURITY AND COOPERATION IN EUROPEcreated in accordance with the decisions contained in the Paris 1990. Vienna and Helsinki Declarations 1992

Objectives of the OSCE:

• promoting the improvement of mutual relations, as well as creating conditions for ensuring lasting peace;
• support for the relaxation of international tension;
• recognition of the indivisibility of European security, as well as mutual interest in the development of cooperation between the member states;
• recognition of the close interconnectedness of peace and security in Europe and around the world;
• contribution to the observance of human rights, economic and social progress and the well-being of all peoples.

The OSCE is composed of representatives of the parliaments of the countries that signed the 1975 Helsinki Act and the 1990 Charter of Paris.The Parliamentary Assembly assesses the implementation of OSCE goals, discusses issues raised at meetings of the Council of Ministers and summits of OSCE member states, develops and promotes implementation mechanisms for the prevention and resolution of conflicts, supports the strengthening and consolidation of democratic institutions in the participating States.

North Atlantic Treaty Organization, NATO, North Atlantic Alliance- a military-political bloc that unites most of the countries of Europe, the United States and Canada. Founded on April 4, 1949 in the USA, "to protect Europe from Soviet influence." Then 12 countries became NATO member states - the USA, Canada, Iceland, Great Britain, France, Belgium, the Netherlands, Luxembourg, Norway, Denmark, Italy and Portugal. It is a "transatlantic forum" for the Allied countries to consult on any issues affecting the vital interests of its members, including events that could threaten their security. One of the declared goals of NATO is to ensure the deterrence of any form of aggression against the territory of any NATO member state or protection from it.

137. Confidence-building measures. International control

Confidence-building measures as an institution of international security law are a set of rules governing the military activities of states through the establishment of information and control measures in order to achieve mutual understanding, prevent a surprise attack or unauthorized conflict, and ensure the disarmament process.

Particularly noteworthy are bilateral treaties and agreements in which confidence-building measures occupy a dominant position (Agreement between the USSR and the United States on Notifications of Launching Intercontinental Ballistic Missiles.

Confidence-building measures are also envisaged in relations with the People's Republic of China. This refers to two documents:

Agreement between the Government of the USSR and the Government of the People's Republic of China on the guiding principles of mutual reduction of armed forces and confidence-building in the military field in the area of ​​the Soviet-Chinese border, signed on April 24, 1990. The Institute for Confidence Building Measures is inextricably linked with the Institute international control. The control mechanisms fixed in the treaties boil down to the creation of control bodies within the framework of international organizations, the establishment by states of special control bodies, and the use of national technical means of control.

The successful implementation of control is facilitated by agreed additional measures, such as equipping military facilities with special identification marks (the 1993 Treaty between Russia and the United States on the Further Reduction and Limitation of Strategic Offensive Arms); agreed rules for counting weapons systems; notification of upcoming actions; exchange of quantitative data on weapons, their locations and technical characteristics.

Inspection provided for by international agreements is widely used as a method of control.

The concept of international security law.

It is a set of international legal principles and norms governing cooperation between states and other subjects of international law in the military-political sphere in order to ensure peace and international security.

Under international security the world order is understood, which excludes violations of territorial integrity, sovereignty and independence of states and guarantees the conditions for sustainable and stable development of the world community. It is impossible to ensure security in the modern world exclusively by means of force, and this is an extremely ineffective strategy.

In addition to military security, it is necessary to ensure economic, social, environmental, informational and other aspects of security. At the same time, the state of security is ensured not only by protection against threats, but by their neutralization through mechanisms of peaceful cooperation and interaction in various spheres of state activity and the life of civil society.

History of international security law.

The basis of the law of international security is the system of norms of international public law, designed to exclude the use of force to resolve disputed issues in relations between states.

International law that existed before both world wars recommended that states turn to peaceful means of resolving international disputes, but did not oblige them to follow this procedure.

At the Hague Peace Conferences of 1899 and 1907. the Convention on the Peaceful Resolution of International Conflicts was developed and adopted, the purpose of which was to generalize the rules for the application and, the formation and functioning of international arbitration courts and commissions of inquiry.

The Statute of the League of Nations adopted in 1919 turned out to be a more progressive document from the point of view of international law - it provided for the obligatory use in certain cases of certain means of peaceful settlement of international disputes (arbitration and court proceedings, appeal to the Council or the Assembly of the League). A very significant drawback was that it did not contain a clearly formulated principle of the peaceful settlement of international disputes, and also allowed war as a legal means of resolving disputes.

The next step towards the recognition of the principle of the peaceful settlement of international disputes was the adoption in 1928 of the Paris Treaty on the Renunciation of War (the so-called Briand-Kellogg Pact), in Art. II of which it is expressly stated: "The High Contracting Parties recognize that the settlement or resolution of all disputes or conflicts that may arise between them, whatever their nature or origin, should always be sought only in peaceful means."

Undoubtedly, the next step in the development of the principle of the peaceful settlement of international disputes was the Charter of the United Nations. The UN Charter attempts to create a mechanism for "maintaining international peace and security." The document also contains norms relating to the collective enforcement of peace, as decided by the Security Council.

Sources of international security law.

The main source of international security law is the UN Charter. Along with it, an important place in the complex of sources of this is occupied by bilateral and multilateral interstate treaties regulating the legal aspects of ensuring peace and international security. Among them, the following categories stand out:

1. Treaties containing the arms race and the buildup of weapons of mass destruction:
   • The 1959 Antarctic Treaty;
   • The Treaty Banning Nuclear Weapon Tests in the Atmosphere, in Outer Space and Under Water, 1963;
   • The 1968 Nuclear Non-Proliferation Treaty;
   • The 1970 Treaty Banning the Placement of Nuclear Weapons and Other Types of Weapons of Mass Destruction on the Seabed and Oceans and in Its Depths;
   • The 1971 Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological and Toxic Weapons and on Their Destruction;
   • The 1993 Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction;
   • The 1996 Comprehensive Test Ban Treaty;
2. Nuclear safety treaties:
   • 1985 South Pacific Nuclear Free Zone Treaty;
   • The 1995 Southeast Asia Nuclear-Weapon-Free Zone Treaty;
   • 1995 Nuclear-Weapon-Free Zone Treaty in Africa.
3. Treaties aimed at maintaining international peace and security:
   • Definition of Aggression 1974;
   • International Code of Conduct on Arms Transfer, 2000.
4. Anti-terrorism treaties:
   • 1970 Convention for the Suppression of Unlawful Seizure of Aircraft;
   • The 1971 Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation;
   • The 1979 International Convention against the Taking of Hostages;
   • The 1988 Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation;
   • The 1997 International Convention for the Suppression of Terrorist Bombings;
   • The 1999 International Convention for the Suppression of the Financing of Terrorism;
   • International Convention for the Suppression of Acts of Nuclear Terrorism 2005.

Among the sources of international security law, acts of a regional nature adopted in development of the provisions of the UN Charter are of great importance. In the Eurasian region, international legal acts are created primarily within the framework of international organizations on security issues, such as NATO, OSCE, CSTO, etc.

Principles of international security law.

The industry is based on international security law generally recognized principles of modern international law, including:

• non-use of force or threat of force;
• territorial integrity of states;
• inviolability of state borders;
• non-interference in the internal affairs of states;
• peaceful settlement of international disputes;
• cooperation between states.

In addition to the generally recognized principles of international law, international security law also includes its own sectoral principles.

Sectoral principles of international security law:

• principle of indivisibility of international security- the security of any state or group of states cannot be built and ensured at the expense of the security of other states or the entire international community;
• the principle of non-prejudice to the security of other states- states should conduct foreign policy taking into account not only their own security, but other countries, as well as the entire international community;
• principle of equal and equal security- states must ensure their security, commensurate with the possibilities of ensuring the security of other states.

Universal and regional systems of collective security.

There are two types of international security: universal and regional. Both types of international security are, that is, they can only be ensured by collective efforts of all or most of the states of the world or region.

A universal system of collective security.

The main tool for maintaining peace and preventing the outbreak of war is universal collective security system provided by the UN Charter. The Charter establishes the foundations of the modern world legal order, the principles of relations between states in the international arena and provides for a whole range of measures to preserve international peace and suppress acts of aggression, including:

• prohibition of the threat or use of force- only the UN, by decision of the Security Council, has the right to use force or threat by force in cases stipulated by its Charter. An exception to the general principle of non-use of force is the right to self-defense in a case;
• peaceful settlement of international disputes- any dispute between states that threatens international peace and security should be resolved through negotiations, examination, mediation, conciliation, arbitration, litigation, appeal to regional bodies or agreements or other peaceful means;
• prevention and elimination of threats to peace and suppression of acts of aggression and other violations of the peace- The Security Council determines the existence of any threat to the peace, any violation of the peace or an act of aggression and makes recommendations or decides what collective measures, related and / or not related to the use of armed forces, should be taken;
• use of regional security organizations- The Security Council can use regional agreements or bodies to implement coercive measures to maintain international peace and security.

Regional systems of collective security.

The creation and operation of regional collective security systems is determined by Chapter VIII of the UN Charter "Regional Agreements", the norms of these organizations and other international legal acts.

Regional collective security systems characterized by the following features:

• the states participating in the treaty are located mainly in one region;
• the parties to the treaty confirm the requirement to resolve differences between themselves and other states exclusively by peaceful means;
• participants must not enter into military alliances or participate in actions directed against another participating state;
• the participants commit themselves to provide individual or collective assistance to the state subjected to armed attack;
• all actions taken or planned to ensure collective security must be immediately reported to the UN Security Council;
• new members to the security system established by the agreement are accepted, as a rule, with the consent of all its participants.

Consider the most significant regional collective security systems.

North Atlantic Treaty Organization (NATO)- a military-political bloc that unites most of the countries of Europe, the United States and Canada. Founded on April 4, 1949 in the USA to counter the influence of the USSR. According to the memorandum of association, an armed attack on one or more of the parties to the treaty is considered an attack on all of them. At the 2016 summit, NATO's new mission officially proclaimed containment of Russia. There are currently 29 countries in NATO.

Organization for Security and Co-operation in Europe (OSCE) is the world's largest intergovernmental security organization. The OSCE was founded in July 1973. Its activities cover a wide range of security issues, including arms control measures, confidence- and security-building measures, human rights, minority protection, democratization, law enforcement, countering terrorism and the coordination of economic and environmental activities. The OSCE is made up of 57 states from Europe, Central Asia and North America.

Collective Security Treaty Organization (CSTO)- a military-political union within the CIS, established on September 7, 2002 on the basis of the 1992 Collective Security Treaty. The goals of the CSTO are "strengthening peace, international and regional security and stability, protecting on a collective basis the independence, territorial integrity and sovereignty of the member states." The CSTO includes Armenia, Belarus, Kazakhstan, Kyrgyzstan, Russia, Tajikistan.

Literature.

1. International law in questions and answers: textbook / R.A. Kalamkaryan, Yu.I. Migachev. - M .: Eksmo, 2009.
2. International law. Special part: textbook. for law students fac. and universities / I.I. Lukashuk. - M .: Walters Kluver, 2005.
3. International law: textbook for bachelors / otv. ed. R. M. Valeev, G. I. Kurdyukov. - M .: Statut, 2017.
4. International public law in questions and answers: a tutorial / K. A. Bekyashev, E. G. Moiseev - M .: Prospect, 2015.
5. International security law (theoretical foundations of formation and development): monograph / N.I. Kostenko. - M: Jurlitinform, 2018.
6. Chapchikov S. Yu. International security law and national interests of Russia at the present stage // Bulletin of RUDN. Series: Legal Sciences. 2009.

As rightly noted by L.A. Lazutin, “the law of international security is based on the general principles of modern international law, among which the principle of non-use of force or threat of force, the principle of peaceful settlement of disputes, the principles of territorial integrity and inviolability of borders are of particular importance” Lazutin. L.A. International law: textbook for universities / ed. G.V. Ignatenko, O. I. Tiunova. S. 272., consider them in more detail. The general principles of international law from the point of view of international security law are studied in detail by R.A. Kalamkaryan and Yu.I. Migachev.

The principle of the non-use of force or the threat of force. Each state is obliged to refrain in its international relations from the threat or use of force against the territorial inviolability or political independence of any state, as well as from any other action incompatible with the goals of the United Nations. Such a threat or use of force is a violation of international law and the UN Charter and entails international responsibility. The principle of refusal from the threat of force or its use in international relations is universal in nature and obligatory, regardless of the political, economic, social or cultural system or allied relations of each state. No considerations can be used to justify the threat or use of force in violation of the UN Charter. States are obliged not to induce, encourage or assist other states in the use of force or the threat of force in violation of the Charter. States are obliged to refrain from armed intervention and all other forms of interference or attempted threat directed against the legal personality of the state or against its political, economic and cultural foundations. No state should use or encourage the use of economic, political or any other measures in order to achieve the subordination of another state in the exercise of its sovereign rights and to obtain any advantages from this. In accordance with the purposes and principles of the UN, states are obliged to refrain from propaganda of aggressive wars. Neither the acquisition of territory by the threat or use of force, nor any occupation of the territory by the threat or use of force in violation of international law will be recognized as a legitimate acquisition or occupation. The members of the world community are called upon to make efforts to build their international relations on the basis of mutual understanding, trust, respect and cooperation. In terms of what has been said, the goal is to develop bilateral and regional cooperation as one of the important means of enhancing the effectiveness of the principle of refraining from the threat of force or its use in international relations.

The principle of the peaceful settlement of disputes. Within the framework of the established criteria for proper conduct, states are guided by their adherence to the principle of peaceful settlement of disputes, which is inextricably linked to the principle of refraining from the threat or use of force in international relations. States that are parties to international disputes must resolve their disputes exclusively by peaceful means in such a way as not to endanger international peace, security and justice. To this end, they use means such as negotiation, investigation, mediation, conciliation, arbitration, litigation, recourse to regional bodies or agreements, or other peaceful means of their choice, including good offices.

The principle of inviolability of borders consists in the requirement of absolute inviolability of established borders, the illegality of changing them without agreement or under pressure, with the use of force and the threat of force. States themselves determine the border crossing regime, the procedure for establishing or removing any restrictions on crossing the border by individuals, goods, services, and so on. In light of this, the main obligations of states are determined: strict observance of established borders, dividing or demarcation lines, including armistice lines, resolution of border disputes only by peaceful means, failure to provide assistance to violators of the principle. The main content of the principle of inviolability of borders is reduced to three elements: recognition of existing borders as legally established in accordance with international law, renunciation of any territorial claims at the moment or in the future, renunciation of any other encroachments on these borders, including the threat of force or its application.

The principle of territorial integrity. In accordance with it, the following obligations are imposed on the states: to respect the territorial integrity of each of the states, to refrain from any actions incompatible with the purposes and principles of the UN Charter, against the territorial integrity, political independence or unity of any state, to refrain from turning each other's territory into an object military occupation or into an object of acquisition through the use of force or the threat of force.

As for the special principles, L.A. Lazutin names two, R.A. Kalamkaryan and Yu.I. Migachev is also called two, S.A. Malinin lists and characterizes the following special principles of international security:

1.the principle of equal security, which includes the following elements: the right of each state to security, ensuring security for all equally, equal consideration of the interests of the contracting parties in the field of security in any negotiation process, reaching agreement on the basis of a balance of interests;

2. the principle of not harming the security of states, its elements: it is not allowed to strengthen security at the expense of another, no one can receive unilateral advantages in ensuring security, it is unacceptable to harm any state, any activity that causes such damage should be abandoned;

3. The principle of equality and equal security presupposes that states and military groupings, between which there is a strategic balance, are obliged not to disturb this balance, while striving for the lowest possible level of armaments and armed forces.

It is believed that after 1991, when strategic parity between the two largest military-political blocs is no longer the main factor in ensuring international security due to the disappearance of one of these blocs, and with it parity, the third principle was transformed into the principle of reasonable sufficiency. Those. the level of the armed forces of each state must meet the minimum requirements for protecting its own borders.

S.A. Malinin will pay considerable attention to the principles of international security law, we will list the ways he proposed to increase the effectiveness of these principles:

1. increasing self-control and self-discipline of states, their responsibility for compliance with obligations to the international community;

2. consolidation of obligations arising from the principles of international law in domestic legislation;

3. development and concretization of principles;

4. improving and increasing the efficiency of the mechanism of functioning of these norms: mechanisms of control and coercion.

The main source international security law is UN Charter. Along with it, an important place in the complex of sources of this branch of law is occupied by multilateral and bilateral international treaties, regulating the legal aspects of ensuring peace and international security. Among them should be highlighted:

1) treaties aimed at reducing conventional weapons, prohibiting certain types of weapons and prescribing their destruction. These treaties are generally aimed at ensuring disarmament.

Disarmament In the context of international security, it is customary to consider a set of measures aimed at stopping the buildup of means of warfare, limiting them, reducing and eliminating them. The UN Charter, which classifies "disarmament and arms regulation" as "general principles of cooperation in the maintenance of peace and security."

According to modern international law, states are obliged to: strictly and unswervingly comply with the existing disarmament treaties, participate in the measures provided for by treaties aimed at limiting the arms race and disarmament, strive for the creation of new norms, the conclusion of treaties aimed at disarmament, up to a treaty on general and complete disarmament under strict international control. The UN coordinates and directs the activities of states in this direction. UN Security Council is responsible for the formulation of "plans for the creation of a system of arms regulation" (Article 26 of the UN Charter). UN Disarmament Commission prepares recommendations on disarmament problems, develops general principles for negotiations on disarmament, monitors the implementation of decisions of special sessions of the General Assembly of the PLO on disarmament.

The most important from the point of view of resolving disarmament issues are the Soviet-American bilateral treaties:

• - Treaty on the limitation of anti-missile systems in 1972 and an additional Protocol to it in 1974;
• - The 1987 Treaty between the USSR and the USA on the Elimination of Intermediate-Range and Shorter-Range Missiles, which provided for the elimination of all intermediate and shorter-range missiles, launchers for them, auxiliary structures and auxiliary equipment;
• - The 1993 Treaty between the Russian Federation and the United States on the Further Reduction and Limitation of Strategic Offensive Arms (ratified by the Russian Federation in 2000);
• 2) treaties aimed at reducing the production and proliferation of nuclear weapons, limiting the build-up of arms in quantitative and qualitative terms. These agreements constitute special group of sources considered branch of law.

Among them, a special place is occupied by 1968 Nuclear Non-Proliferation Treaty, which is universal, since all states, without exception, can participate in it. The treaty distinguishes between the obligations of the states possessing nuclear weapons and those of the states that do not possess them. A nuclear-weapon State participating in this Treaty "undertakes not to transfer nuclear weapons or other nuclear explosive devices to anyone, or control over such weapons or explosive devices, either directly or indirectly." Non-nuclear-weapon states undertake not to produce or otherwise acquire nuclear weapons or other nuclear explosive devices, and also not to accept any assistance in the production of such weapons (Articles 1, 2). The Treaty contains a rule that serves as a kind of connecting link between the current regulations and future agreements on disarmament issues: "Each party to this Treaty undertakes in good faith to negotiate effective measures to end the nuclear arms race in the near future and complete disarmament under strict and effective international control "(Art. 6).

Important sources of international security law are also:

• - Treaty Banning Nuclear Weapons in Latin America (Treaty of Tlatelolco) 1967;
• - Treaty on a nuclear-free zone in the South Pacific Ocean (Rarotonga Treaty) 1985;
• - Comprehensive Nuclear Test Ban Treaty 1996

These treaties are aimed at ensuring the non-proliferation of nuclear weapons in international law by creating nuclear-free zones as territories, free on the basis of an international treaty from nuclear weapons. If states are part of nuclear-free zones, then they undertake obligations not to test, produce and deploy nuclear weapons, not to enter into any form of possession of nuclear weapons. The nuclear-free zone must be completely free of nuclear weapons.

Antarctica has been declared a nuclear-free zone, which, in accordance with the 1959 Antarctic Treaty, is completely excluded from any military measures, including the placement and testing of any types of weapons.

For example, Comprehensive Nuclear Test Ban Treaty 1996 contains “core commitments” and a list of international management and national implementation measures. The "Basic Obligations" (Art. I) are formulated as follows:

"1. Each State Party undertakes not to carry out any nuclear weapon test explosions or any other nuclear explosions, and to prohibit and prevent any such nuclear explosion in any place under its jurisdiction or control.

2. Each State Party undertakes to refrain from inducing, encouraging or in any way participating in such nuclear explosions. "

The said Treaty (Art. II) established Comprehensive Nuclear-Test-Ban Treaty Organization. Its members are all states parties to the treaty. The seat of the organization is Vienna (Austria).

The Conference of the States Parties, which has the right to consider any issues within the framework of the Treaty, is the main body of the Comprehensive Nuclear Test Ban Treaty Organization), consists of all the States Parties having one representative each;

• 3) The 1993 Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction. The purpose of the Convention is in the interests of all mankind to completely exclude the possibility of using chemical weapons. The Convention, reaffirming the principles set out in the Geneva Protocol of 1925 "On the Prohibition of the Use in War of Asphyxiant, Poisonous or Other Similar Gases and Bacteriological Agents", and Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on Their Destruction, 1972 obliges member states not to develop, produce, acquire, or stockpile chemical weapons; not transfer it directly or indirectly to anyone; do not use chemical weapons; not make any military preparations for the use of chemical weapons. In accordance with the Convention, states have committed themselves to destroy existing chemical weapons, as well as facilities for their production, not to use chemical agents in riot control as a means of warfare;
• 4) treaties designed to prevent the accidental (unauthorized) outbreak of war. These include:
  • - Agreement on direct communication lines between the USSR and the USA in 1963 and 1971. (similar agreements were concluded by the USSR with France in 1966, Great Britain in 1967, Germany in 1986);
  • - Agreement on measures to reduce the danger of a nuclear war between the USSR and the USA in 1971;
  • - Agreement between the Government of the USSR and the Government of the United Kingdom of Great Britain and Northern Ireland on the Prevention of Accidental Outbreak of a Nuclear War in 1977;
  • - Agreement between the USSR and the USA on the notification, on the launch of intercontinental missiles of submarines in 1988, etc .;
• 5) treaties prohibiting the use of nuclear weapons in the international space:
  • - the 1959 Antarctic Treaty;
  • - Treaty Banning Nuclear Weapon Tests in the Atmosphere, in Outer Space and Under Water, 1963;
  • - Treaty on the Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies, 1967;
  • - Treaty banning the placement of nuclear weapons and other types of weapons of mass destruction at the bottom of the seas and oceans and in its depths, 1971, etc.

While recognizing the importance of the considered international agreements in this area, at the same time, it should be noted that disarmament issues, including nuclear disarmament, are not resolved and are not on the top of the agenda of the world community. There is no universally recognized and universal obligation to disarm in contemporary international law. The International Court of Justice in its decision in the case of Nicaragua v. The United States, adopted in 1986, wrote: “There are no norms in international law, with the exception of those recognized by the states concerned by treaty or otherwise, according to which the level of armaments of a sovereign state can be limited, and this principle applies to all states without exception. " The core commitment in this area is to "negotiate in good faith ... on a treaty on general and complete disarmament under strict and effective international control."

International politics is still dominated by the concept of "nuclear deterrence", on which the main nuclear powers (Russia and the United States) rely in their national security strategies.