As rightly noted by L.A. Lazutin, “the law of international security is based on general principles modern international law, among which special meaning have the principle of non-use of force or threat of force, the principle of peaceful dispute resolution, principles territorial integrity and inviolability of borders" Lazutin. L.A. International law: a textbook for universities / ed. G.V. Ignatenko, O.I. Tiunova. S. 272., let's 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 non-use of force or threat of force. Every state is obliged to refrain in its international relations from the threat or use of force against territorial integrity or the political independence of any State, and from any other action inconsistent with the purposes of the United Nations. Such threat or use of force is a violation of international law and the UN Charter and entails international responsibility. The principle of renunciation of the threat or use of force in international relations is universal in nature and binding, regardless of the political, economic, social or cultural system or allied relations of each state. No consideration can be used to justify the threat or use of force in violation of the UN Charter. States have an obligation not to induce, encourage or assist other states to use force or the threat of force in violation of the Charter. States have an obligation 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 shall use or encourage the use of economic, political or any other measures for the purpose of subordinating another State to itself in the exercise of its sovereign rights and obtaining 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 resulting from the threat or use of force, nor any occupation of territory resulting from the threat or use of force in contravention of international law, shall be recognized as a legitimate acquisition or occupation. 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 the parameters of the foregoing, the goal is to develop bilateral and regional cooperation as one of the important means of strengthening the effectiveness of the principle of renunciation of the threat or use of force in international relations.

The principle of peaceful settlement of disputes. Within the established criteria of due conduct, States are guided by their adherence to the principle of peaceful settlement of disputes, which is inextricably linked to the principle of renunciation of 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 a manner that does not endanger international peace, security and justice. To this end, they use such means as negotiation, investigation, mediation, conciliation, arbitration, trial, recourse to regional bodies or agreements, or other peaceful means of one's choice, including good offices.

The principle of the inviolability of borders consists in the requirement of the absolute inviolability of the 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 lifting any restrictions on border crossing individuals, goods, services and so on. In the light of this, the main obligations of states are determined: strict observance of the established borders, dividing or demarcation lines, including armistice lines, settlement 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 to this moment or in the future, the renunciation of any other encroachment on these frontiers, including the threat or use of force.

The principle of territorial integrity. In accordance with it, the following obligations are imposed on states: to respect the territorial integrity of each of the states, to refrain from any action inconsistent 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 to the object of acquisition through the use of force or the threat of force.

As for 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 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 non-damage to 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, damage to any state is unacceptable, any activity that causes such damage should be abandoned;

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

It is believed that after 1991, when the 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 the parity, the third principle has been 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 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 for the functioning of these norms: the mechanisms of control and coercion.

Prevention and liquidation emergencies, as well as ensuring safety in emergency situations at international level, is an integral element of the international security system.

The international security system must be based on international norms ah and principles, subject to their observance by all subjects international cooperation. However, international security is currently under threat, so the situation in the world can be assessed as unstable. International conflicts have a negative impact on world security, and cause or may cause emergencies, which, at times, reach catastrophic proportions.

The UN report notes that in 2014 the total number of displaced persons in Syria will reach 6.5 million (at the end of 2013 their number is estimated at 4.25 million). According to the Ministry of Emergency Situations of Russia, as of July 2014, the number of refugees from Ukraine to the territory of Russia amounted to more than 21 thousand people.

In the context of international security, each state has best conditions to improve the material standard of living of people, the free development of the individual, ensuring the rights and freedoms of man and citizen.

International norms governing the provision of international security form a relevant industry - international security law, which is a branch of international law, including a set of principles and norms governing the relations of states to ensure international security.

The basis of the law of international security are generally recognized international principles, including: non-use of force or threat of force, territorial integrity of states, inviolability state borders, non-interference in the internal affairs of states, peaceful settlement of disputes, cooperation between states. See, for example, the UN Charter, Declaration of Principles of International Law Concerning Friendly Relations and Cooperation among States in accordance with the 1970 UN Charter.

There are also special principles:

The principle of indivisibility of international security. Really, modern development society, infrastructure, economy implies a close interconnection of all states in the world. Experience shows that any emergency in one part of the world can cause Negative consequences in another part of it. Armed conflicts, accidents and catastrophes cause crises not only in the countries where they occur. The interests of other states, sometimes tens and even hundreds of countries, are often affected. Therefore, all states should set themselves the task of improving and developing the system of ensuring international security, and not just the security of their region.

The principle of unimpaired safety other States involves the holding by each State of such foreign policy which to the maximum extent takes into account the security not only of its own state, but of the entire world community.

The principle of equal and equal security means that the state must ensure its own security, commensurate with the possibilities of ensuring the security of other states.

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

Universal Security created in general for our planet. It is based on the system international agreements(treaties) aimed at ensuring international security for all states.

Universal system ensuring international security formed within the framework of the United Nations (UN). Its main body for ensuring international security is the UN Security Council (UN Security Council). In accordance with the UN Charter, the UN Security Council has the right to determine whether there is a threat of aggression in the world, whether it is actually carried out, what measures must be taken in order to maintain peace and ensure international security in full.

The UN Security Council is a permanent body and has the right to apply a set of measures to the aggressor, including the use of armed force, in order not only to stop aggression, but also to create conditions for preventing it in the future. However, these measures can be applied only with the unity of all states - permanent members of the UN Security Council.

Regional international security- this is security in a separate region. For example, the system of collective security in Europe is based on the mechanism of functioning of a number of systems, including the Organization for Security and Cooperation in Europe (OSCE). Collective European security within the framework of the OSCE began to take shape in 1975, when 33 European states, as well as the United States and Canada, highest level signed final act Conference on Security and Cooperation in Europe (CSCE). Currently, the OSCE includes 57 states from Europe, Central Asia And North America. Russia is a member of the OSCE.and the North Atlantic Treaty Organization (NATO)http://www.nato.int.

Within the framework of the OSCE, high-level meetings and meetings at the level of foreign ministers were held. Their result was the adoption of a large number of documents, including in the field of ensuring collective security. For example, in 1999 OSCE member states adopted the Charter for European Security. It reflects the concept of security of the world community, focused on the 21st century. It is based on two principles: collectivity, in which the security of each participating state is inextricably linked with the security of all others, and the principle of the primary responsibility of the UN Security Council for maintaining international peace.

The OSCE has been identified as one of the main organizations for the peaceful settlement of disputes in its region and one of the main instruments in the field of early warning and conflict prevention.

OSCE in 2014 actively participates in the settlement of the crisis in Ukraine.

Collective European security is also ensured within the framework of NATO, which has a powerful military force. These forces can be called into action in the event of a threat to the security of NATO member states. NATO currently has 28 member states. However, NATO is trying to expand its borders. or, as practice shows, the emergence of unstable regions in Europe.

Russia does not welcome NATO expansion. However, Russia cooperates with NATO on the most important security issues. To this end, in May 2002, a corresponding agreement was signed between Russia and NATO, after which the first meeting of the new Russia-NATO interaction and cooperation body was held in Rome. Since the establishment of the Russia-NATO Council, these subjects of international relations have worked together on various issues from anti-drug and counter-terrorism to submarine rescue and civil emergency planning. At present, relations between Russia and NATO have become tense. On April 1, 2014, NATO Foreign Ministers condemned Russia's illegal military intervention in Ukraine and Russia's violation of Ukraine's sovereignty and territorial integrity. Ministers stressed that NATO does not recognize Russia's illegal and illegal attempt to annex Crimea

essential to ensure European security is Treaty on the Limitation of Armed Forces in Europe (CFE) of 1990. This Treaty should operate in an adapted form, as agreed by its participants by signing in November 1999 in Istanbul the relevant Agreement on Adaptation of the CFE Treaty. In accordance with the provisions of the adapted CFE Treaty, the states located in Central Europe should not exceed the corresponding armament parameters stipulated by the Treaty.

One example of creating the foundations of regional collective security is the signing on April 25, 2002 Document on Confidence and Security Building Measures in the Black Sea. In conjunction with the Agreement on the Establishment of the Black Sea Naval Operational Cooperation Group Blackseafor The main tasks of Blackseafor are to conduct joint search and rescue exercises, mine action, humanitarian operations, environmental protection operations, and conduct goodwill visits., Document on confidence-building measures forms an integral mechanism of naval cooperation in the region. In particular, it provides for the exchange various information, including annual plans for naval activities and advance notices of ongoing activities. A number of sections of the Document are devoted to the development of naval cooperation between the Black Sea states. The participants of the Document were six Black Sea states: Russia, Bulgaria, Georgia, Romania, Turkey and Ukraine.

Another example of the formation of a regional system of collective security is within the Shanghai Cooperation Organization (SCO). Six states are members of the SCO: Kazakhstan, China, Kyrgyzstan, Russia, Tajikistan and Uzbekistan. The SCO is active in the field of ensuring security in the region where the member states are located.

international security at the regional level, it is also provided within the framework of the CIS. Currently, eleven states are members of the CIS: Azerbaijan, Armenia, Belarus, Kazakhstan, Kyrgyzstan, Moldova, Russia, Tajikistan, Turkmenistan, Uzbekistan and Ukraine. is an organization general competence. The organization of special competence to ensure collective security is Collective Security Treaty Organization (CSTO). Currently, six states are members of the CSTO: Armenia, Belarus, Kazakhstan, Kyrgyzstan, Russia and Tajikistan. .The purpose of the CSTO is to ensure security in the region where the participating states are located. See, for example, the 1992 Collective Security Treaty, the CSTO Charter of October 7, 2002.

In accordance with the Declaration of the CSTO member states, adopted at the June 2006 session of the CSTO Collective Security Council, it is noted that one of the main directions for the development of integration processes within the CSTO is activities in the field of prevention and elimination of consequences of emergency situations.

In 2007, in order to coordinate the interaction of ministries and departments of the CSTO member states in the field of prevention and liquidation of the consequences of emergency situations, the Organization established the Coordinating Council for Emergency Situations of the Member States of the Collective Security Treaty Organization (KSChS), which included the heads of authorized bodies for emergency situations. A member of the Coordination Council for Emergency Situations of the Collective Security Treaty Organization from Russia is the Minister Russian Federation on business civil defense, emergencies and disaster relief.

The KSChS is responsible for solving problems on:

Organization of interaction between authorized bodies in order to prevent and eliminate the consequences of emergency situations;

Development of proposals for the implementation of joint organizational and practical measures aimed at preventing emergency situations and increasing the effectiveness of measures to eliminate their consequences;

Development of the international legal framework for cooperation in the field of prevention and elimination of the consequences of emergency situations;

Preparation of proposals for improving and harmonizing the national legislations of the CSTO member states;

Coordinating the preparation and conduct of joint activities to prevent and eliminate the consequences of emergency situations;

Preparation of proposals for the development of draft interstate programs and plans for the prevention and elimination of consequences of emergency situations;

Organizations for the exchange of experience and information, assistance in the training and advanced training of personnel;

Participation in the methodological and informational and analytical support of the authorized bodies of the Member States of the Organization in the field of prevention and elimination of the consequences of emergency situations.

On the basis of the Decision of the Collective Security Council, which adopted amendments to the Regulations on the KSChS CSTO, the Chairman of the Coordinating Council is appointed starting from 2010 for a period of three years. Since December 2010, the Republic of Belarus has chaired the Coordinating Council. In 2013, the chairmanship passed to Kazakhstan for three years. Vladimir Bozhko, Minister for Emergency Situations of the Republic of Kazakhstan, headed the KSChS CSTO.

Importance in providing international, regional and national security have bilateral agreements between states, for example, between Russia and France. In order to deepen interaction between the two states on international security issues and in the field of bilateral relations, in accordance with the decision of the presidents of the two countries, the Russian-French Council for Security Cooperation was established. The main topics on the agenda of the Council are the problems of global and regional security, the fight against terrorism, countering the proliferation of weapons of mass destruction (WMD). Within the framework of the Council, joint working groups have been formed on the nonproliferation of WMD and on combating new threats and challenges.

Thus, international security occupies the most important place in the system of international relations, since the development and fruitful cooperation of states in all spheres of relations, including in the field of prevention and elimination of emergency situations, is possible on the principles of international security.

International security in the field of prevention and liquidation of emergency situations- the state of protection of states, their citizens, material and cultural values ​​from the threats of emergency situations that have arisen and may arise.

International security in emergency situations involves:

Ensuring the security of states and their citizens in emergency situations;

Emergency warning;

Elimination of emergency situations;

Protection of people and material objects from emergency situations;

Restoration of territories;

Regulatory legal regulation this area;

Creation of forces and means of prevention and liquidation of emergency situations.

Ensuring international security in the field of prevention and liquidation of emergency situations is possible only with the cooperation of states and (or) international organizations.

Such international cooperation is carried out on international norms and principles. Among these principles are the following, which, in particular, regulate relations to ensure safety in emergency situations:

The principle of sovereign equality of states;

The principle of non-use of force and threat of force;

The principle of inviolability of state borders;

The principle of territorial integrity (inviolability) of states;

The principle of peaceful resolution of international disputes;

The principle of non-interference in internal affairs;

The principle of indivisibility of international security;

The principle of non-damage to the security of other states;

The principle of equal and equal security, as well as:

The environment is the common concern of mankind;

Freedom to explore and use the environment;

Rational use environment;

Interdependence of environmental protection and human rights. People have the right to live in good health and to work productively in harmony with nature;

Prevention of environmental pollution;

State responsibility;

The one who pollutes pays;

The principle of access to information relating to the environment, etc.

Prevention and liquidation of emergency situations can be carried out both within the framework of one state, and within a certain region or the whole world.

The main way to ensure international security in the field of prevention and liquidation of emergency situations is international cooperation in this area, which is determined by the peculiarity of the main participants in international relations - states. States have sovereignty, which determines the nature of their relationship - mutual cooperation.

Indeed, international cooperation is an essential element of ensuring security for Russia as well. The National Security Strategy of the Russian Federation notes that the world is developing along the path of globalization of all spheres of international life, which is characterized by high dynamism and interdependence of events. Contradictions escalated between the states. The vulnerability of all members of the international community in the face of new challenges and threats has increased. As a result of the strengthening of new centers economic growth and political influence, a qualitatively new geopolitical situation is emerging. The failure of the existing global and regional architecture, oriented, especially in the Euro-Atlantic region, only to NATO, as well as the imperfection of legal instruments and mechanisms, increasingly pose a threat to international security, including in emergency situations. Decree of the President of the Russian Federation of May 12, 2009 No. 537 “On the National Security Strategy of the Russian Federation until 2020” // Collection of Legislation of the Russian Federation of May 18, 2009 No. 20, Art. 2444

Attention international politics on long term will focus on the possession of sources of energy resources, including in the Middle East, on the shelf of the Barents Sea and in other areas of the Arctic, in the Caspian Sea basin and in Central Asia. Negative impact the international situation in the medium term will continue to be influenced by the situation in Iraq and Afghanistan, conflicts in the Middle East, in a number of countries in South Asia and Africa, and on the Korean Peninsula.

It is noted that in the long term the Russian Federation will strive to build international relations on the basis of international principles, ensuring reliable and equal security of states. To protect its national interests, Russia, remaining within the framework of international norms, will pursue a rational and pragmatic foreign policy. Russia views the UN and the UN Security Council as a central element of a stable system of international relations based on respect, equality and mutually beneficial cooperation between states based on civilized political instruments for resolving global and regional crises. Russia will increase interaction in such multilateral formats as the G20, RIC (Russia, India and China), BRIC (Brazil, Russia, India and China), as well as use the opportunities of other informal international institutions.

The development of relations of bilateral and multilateral cooperation with the CIS member states is a priority direction of Russia's foreign policy. Russia will strive to develop the potential for regional and sub-regional integration and coordination in the space of the CIS member states within the framework of, first of all, the Commonwealth of Independent States itself, as well as the CSTO and the Eurasian Economic Community (EurAsEC), which have a stabilizing effect on the general situation in the regions bordering the states - members of the CIS. See ibid. P.13

The Russian Federation stands for the comprehensive strengthening of the mechanisms of interaction with the European Union, including the consistent formation of common spaces in the spheres of the economy, external and internal security, education, science, and culture. The formation in the Euro-Atlantic open system collective security on a certain legal basis.

In order to maintain strategic stability and equal strategic partnership, the Russian Federation will participate in the activities carried out under the auspices of the UN and other international organizations to eliminate natural and man-made disasters and emergencies, as well as in providing humanitarian aid affected countries.

Thus, the National Security Strategy of Russia describes the international economic, political, social and other situation that is currently or may be a threat of large-scale emergencies requiring the participation of the entire world community.

In the Strategy of the State national policy it is determined that the development of national, interethnic relations is influenced by such a negative factor of a global or transboundary nature as the unifying influence of globalization on local cultures, the unresolved problems of refugees and internally displaced persons, illegal migration, expansion international terrorism and religious extremism, international organized crime. Decree of the President of the Russian Federation of December 19, 2012 No. 1666 "On the Strategy of the State National Policy of the Russian Federation for the period until 2025"

The tasks in the field of international cooperation in the implementation of the state national policy of the Russian Federation are:

Assistance in the formation of a positive image of the Russian Federation abroad as a democratic state that guarantees the satisfaction of the ethno-cultural needs of citizens on the basis of centuries-old Russian traditions harmonization of interethnic relations;

Carrying out monitoring of international events and activities of international organizations that can affect the state of interethnic relations in the Russian Federation;

Ensuring the protection of rights and legitimate interests Russian citizens and compatriots living abroad, on the basis of generally recognized principles and norms of international law, international treaties Russian Federation;

Using the mechanisms of cross-border cooperation for the purposes of ethno-cultural development, socio-economic cooperation, creating conditions for free communication between families of divided peoples;

Creation, within the framework of interstate contacts and agreements, of conditions for Russian citizens and compatriots living abroad to ensure their implementation humanitarian contacts and freedom of movement;

Using the resource of public diplomacy through the involvement of institutions civil society in solving the problems of international cultural and humanitarian cooperation as a means of establishing an intercivilizational dialogue, ensuring mutual understanding between peoples;

Strengthening international cooperation in the field of regulation of migration processes, ensuring the rights of labor migrants;

Establishment of partnerships within the framework of the UN, UNESCO, OSCE, Council of Europe, SCO, CIS and other international organizations. See ibid. P.21

These tasks should be implemented in any area of ​​international cooperation, including in the field of prevention and liquidation of emergency situations.

main organ state power in the field of international cooperation in Russia - Ministry of Foreign Affairs (MFA) of the Russian Federation.

The Ministry of Foreign Affairs of the Russian Federation is the main body in the system of federal executive bodies in the field of relations with foreign states and international organizations and coordinates:

Activities of federal executive authorities, including the Ministry of Emergency Situations of Russia, in the field of international relations and international cooperation;

International relations of the subjects of the Russian Federation;

International activities of organizations authorized in accordance with the Federal Law the federal law of the Russian Federation dated July 15, 1995 No. 101-FZ “On International Treaties of the Russian Federation” to submit proposals to the President of the Russian Federation or to the Government of the Russian Federation on the conclusion, implementation and termination of international treaties of Russia. Decree of the President of the Russian Federation of November 8, 2011 No. 1478 “On the coordinating role of the Ministry of Foreign Affairs of the Russian Federation in pursuing a unified foreign policy line of the Russian Federation” // Collection of Legislation of the Russian Federation of November 14, 2011 No. 46, Art. 6477

Ambassadors Extraordinary and Plenipotentiary of the Russian Federation to foreign countries must ensure the pursuit of a unified foreign policy line of the Russian Federation in the host states and, for this purpose, coordinate the activities and control over the work of other representative offices of the Russian Federation located in the host states, representative offices of federal executive bodies, Russian public institutions, organizations, corporations and enterprises, their delegations and groups of specialists, as well as representative offices of the constituent entities of the Russian Federation.

On the territory of the Russian Federation, the main body responsible for the prevention and liquidation of emergency situations is the Ministry of Emergency Situations of Russia.

International security law is a set of rules governing military-political relations between subjects of international law in order to prevent the use of armed force, disarmament and arms limitation. International security is based on a balance of interests and can only be ensured by maintaining this balance. The concept of international security is set forth in the UN Charter (Art. 39-51). The Charter placed on states the obligation to use armed forces only in the general interest, i.e. consolidated the principle of the centralized use of armed forces. The right to individual and collective self-defence is an inalienable right of all states, but it is possible only in response to aggression. The right to self-defence is an exception to the general principle of the centralized use of force.

The concept of comprehensive security is based on the concept of global development (promoted by the Independent Commission on Disarmament and Security - the Palme Commission). The collective security system under the UN Charter did not become effective, since the military-political confrontation between East and West after World War II blocked the real implementation of Art. 39-51 of the Charter, providing for the creation of the UN Armed Forces and endowing the UN Security Council with the means to influence the world community. The right to collective self-defence led to the creation of two opposing military blocs - the Warsaw Pact and NATO.

The concept of comprehensive security is based on the recognition of the interdependence of all states and the need to create such an international legal mechanism that would express the priority of universal human values ​​and ensure the rule of law in politics. The end of the "cold" war, the cessation of the existence of the socialist camp and the Warsaw Pact made it possible to work out a modern concept of comprehensive security. The meaning of this concept is that such an organization of international relations is needed that would exclude the possibility of a war. The peculiarity of the concept is its comprehensive approach: a comprehensive level of measures aimed at establishing global peace, coverage various areas public relations (economic, cultural, environmental, humanitarian, military, political).

The concept of comprehensive security is expressed in special resolutions of the UN General Assembly on the establishment of a global system of peace and security - the UN Declaration on Strengthening the Effectiveness of the Principle of Renunciation of the Threat or Use of Force in International Relations of 1987; 1988 UN Declaration on the Prevention and Elimination of Disputes and Situations that May Threaten International Peace and Security and on Enhancing the Role of the UN in this Field; 1991 Fact-Finding Declaration in the Maintenance of International Peace and Security; Declaration on the Improvement of Cooperation between the United Nations and Regional Arrangements or Bodies in the Field of the Maintenance of International Peace and Security 1994

The core of international security law is made up of the general principles of international law - above all, the principles of the non-use of force and the threat of force, the peaceful resolution of international disputes, territorial integrity and inviolability of borders. There are special principles in the system of international security law:

  • - the principle of equality and equal security - states and military blocs between which there is a strategic balance are obliged not to violate this balance, while striving for disarmament;
  • - the principle of non-damage to the security of the state - one cannot strengthen one's security at the expense of the security of others; no one can have a unilateral advantage in providing own security;
  • - the principle of equal security - the right of each state to security; ensuring security for all equally; taking into account the interests of all contracting parties in any negotiation process; reaching an agreement based on a balance of interests.

Features of international security law as a branch of law - its principles and norms are intertwined with the principles and norms of other branches of international law. The law of international security is a complex branch of law, which includes the norms of other legal branches and institutions.

At present, formally, legally, there is an extensive arsenal of means of ensuring international security. The most important are collective security systems on a universal and regional basis, collective measures to prevent armed conflicts, and disarmament. Features of these tools:

  • - their exclusively peaceful character - demilitarization and neutralization, non-alignment, neutrality, disarmament, elimination of military bases, confidence building, peaceful settlement of disputes;
  • - the possibility of lawful use of force in response to aggression or the threat of aggression - the use of coercive measures by order of the Security Council, the right to individual and collective self-defense;
  • - increasing role international control- on-site inspections, inviting observers to military exercises, verification of the fulfillment by states of their disarmament obligations.

The concept of international security law

International security law is a system of principles and norms governing the military-political relations of subjects of international law in order to prevent the application military force in international relations, arms limitation and reduction.

Like any branch of modern international law, international security law regulates a certain range of international legal relations, among which are:

a) relations related to the prevention of war and the escalation of international tension;

b) relations connected with the creation of international security systems;

c) relations on disarmament and arms limitation.

The principles of this branch of international law are all the basic principles of international law, but the branch of international security law also has its own specific principles:

The principle of equality and equal security, which boils down to the need to recognize that international security is guaranteed by a system of equality of national security measures. Any state will consider itself confident in political relations if it knows that national security measures are sufficient to protect the interests of the state. The principle of non-detriment to the security of the state, which boils down to the fact that a deliberate act against the security of a state may itself threaten international peace and security.

Among the main sources of international security law are the following acts:

1. UN Charter;

2. Resolutions General Assembly UN "On the non-use of force in international relations and the permanent prohibition of the use of nuclear weapons" (1972), "Definition of aggression" (1974);

3. Multilateral and bilateral treaties, which can be divided into 4 groups:

Treaties that contain the nuclear arms race in spatial terms (Treaty on a nuclear-free zone in the South Pacific Ocean);

Treaties limiting the buildup of armaments in quantitative and qualitative terms (Treaty on Conventional Armed Forces in Europe, 1982);

Treaties prohibiting the production of certain types of weapons and prescribing their destruction (Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological and Toxic Weapons and on Their Destruction, 1972);

Treaties designed to prevent the accidental (unauthorized) outbreak of war.

4. Acts of international regional organizations (OSCE, Arab League, OAU, CIS).

International Security Law (ILS) is a set of generally recognized and special principles and norms aimed at maintaining peace and international security, suppressing acts of aggression, ensuring political, military, economic, food, environmental, information security of states and the stability of international relations.

The legal basis of international security law is:

1) the basic principles of international security law

no use of force or threat of force;

non-interference in internal affairs;

disarmament;

cooperation of states;

2) special principles of international security law:

equal security;

no damage;

equality and equal security;

indivisibility of international security.

International legal provision of peace and security is a set of regulated international legal measures aimed at:

peaceful resolution of international disputes;

creation of collective security systems;

preventing the outbreak of war;

suppression of acts of aggression, reduction of the Armed Forces and armaments;

narrowing of the material base and spatial sphere of warfare;

strengthening confidence-building measures and establishing effective international control over the activities of states in the military field.

The international security system consists of a whole range of components that ensure the safe and stable development of international relations. It provides:

1) collective measures involving broad international cooperation;

2) preventive diplomacy, the task of which is to prevent emerging threats to peace and the peaceful settlement of international disputes.

International law has a set of means to ensure international security:

collective security (universal and regional);

peaceful means of dispute resolution;

measures to ease international tension, end arms races and disarmament;

measures to suppress acts of aggression, breaches of the peace and threats to the peace;

non-alignment and neutrality;

confidence-building measures between states, etc.

collective security. Collective security is a system of joint measures

states of the whole world or a certain geographical area, carried out to prevent and eliminate the threat to peace, to suppress acts of aggression.

The collective security system is legally formalized by an agreement, where, along with specific obligations, its participants fix three provisions:

1) not to resort to force and threat of force;

2) resolve disputes exclusively by peaceful means;

3) actively cooperate in order to eliminate any danger to the world, improve

international environment.

There are two types of collective security system.

Universal system of collective security. global organization

collective security is the UN. It has a number of goals, but the main one is

maintaining international peace and security, adopting effective

collective measures (Article 1 of the UN Charter).

The system of collective measures provided for by the UN Charter covers:

measures to prohibit the threat or use of force between

states (clause 4, article 2);

measures for the peaceful resolution of international disputes (Chapter VI);

disarmament measures (art. 11, 26, 47);

security measures in the transitional period (Chapter XVII);

measures for the use of regional security organizations (Chapter VIII);

provisional measures to suppress violations of the peace (art. 40);

compulsory security measures without the use of armed forces (art. 41);

coercive measures with the use of armed forces (art. 42).

Collective security on a regional basis. Assuming existence

regional agreements and security agencies, the UN Charter (Chapter VIII) imposes on them

specific requirements:

the participation of only states of one political and geographical region;

the effect of agreements should not go beyond the boundaries of the given area;

actions taken within the framework of the regional security system cannot contradict the actions of the UN and must be compatible with the purposes and principles of the Charter

The UN Security Council must be informed about the actions taken or planned for the maintenance of international peace and security.

The main one in the system of collective measures of regional security organizations (according to

the meaning of Art. 52 of the UN Charter) are:

1) peaceful means of preventing war;

2) coercive measures with the use of armed force can be taken

only to repel an already committed attack on one of the participants in the system

collective security (i.e. based on Article 51 of the UN Charter - collective

self defense);

3) coercive measures within the framework of a regional security organization can

applied under the guidance of the UN Security Council.

Currently, the regional systems of collective security are:

Organization of American States (OAS), Organization of African Unity (OAU), League

Arab States (LAS), North Atlantic Treaty Organization (NATO), Organization for

Security and Cooperation in Europe (OSCE), Collective Security System within the

Peaceful means of resolving international disputes. peaceful resolution international disputes is one of the main principles of the International Law, which is enshrined in the UN Charter (Article 1), the Declaration on the Principles of International Law of 1970, FOR the CSCE of 1975, etc.

The means of peaceful resolution of international disputes are defined in Art. 33 of the UN Charter:

direct negotiations;

good offices and mediation;

mixed commissions (investigative and conciliatory);

international arbitration and judicial procedure;

dispute resolution in international organizations.

The first three means imply a certain participation of the disputing parties in the procedure for resolving their differences.

International arbitration and judicial procedure excludes interested parties from the dispute settlement process and requires mandatory implementation of the decision taken international court or arbitration.

Dispute resolution in international organizations provides for a political settlement of the dispute.

Disarmament. Disarmament is a set of measures aimed at stopping the build-up

material means of warfare, their limitation, reduction and elimination.

The general international legal basis for disarmament is laid down in the UN Charter:

The UN General Assembly considers the principles of disarmament and arms regulation and issues

The UNSC is responsible for formulating plans for a regulatory system

disarmament (art. 26);

relating to the regulation of armaments and possible disarmament (art. 47).

The main sources of norms in the field of international security law are international treaties:

1) universal (Nuclear Non-Proliferation Treaty of 1968);

2) regional (Treaty on Prohibition nuclear weapons V Latin America 1967);

3) bilateral (Treaty between the USSR and the USA on the limitation of anti-missile defense systems

The MP does not directly oblige states to disarm, but in the spirit and letter of the main international

legal acts, they must strive for the prospect of general and complete disarmament under

international control.

In international relations, partial disarmament measures are actively used:

prohibition and liquidation certain types weapons, their production, accumulation, deployment

and applications;

restrictions on certain types of weapons in quantitative and qualitative terms;

narrowing the possibility of qualitative improvement of weapons;

reduction of the sphere or areas of deployment of various types of weapons.

Disarmament provides for the existence of an institution of international control, which monitors the fulfillment by states of treaty obligations in the field of disarmament, analyzes the data received and brings them to the appropriate international bodies. It is carried out on:

national level (satellites, seismic stations and other technical means);

international level (observers, inspections, etc.).

At present, the problem of limiting nuclear weapons is quite acute. It belongs to weapons of mass destruction and is under special attention MP.

Although a direct ban on nuclear weapons does not yet exist, international legal acts have been adopted that impose restrictions on nuclear issues:

tests of nuclear weapons in the atmosphere, space and under water are prohibited (Treaty on

prohibition of nuclear weapons tests in the atmosphere, outer space and under water

the testing of nuclear weapons and their deployment in Antarctica is prohibited (Antarctic Treaty

1959), Latin America (Treaty for the Prohibition of Nuclear Weapons in Latin America

1967), southern part Pacific Ocean(Treaty on a nuclear-free zone in the South Pacific

ocean 1985), on seabed and in its bowels (Treaty on the Prohibition of Placement at the Bottom

seas and oceans and in its bowels nuclear weapons and other weapons of mass destruction

1971), on the Moon and others celestial bodies(Agreement on the Activities of States on the Moon and

other celestial bodies in 1984).

The existing norms are aimed at preventing the proliferation of nuclear weapons and preventing their acquisition by any states other than those officially recognized as having nuclear weapons (Russia, USA, China, Great Britain, France). But there are problems here too.

The issue of regulation of strategic nuclear weapons is topical. It includes:

intercontinental ballistic missiles;

heavy bombers;

nuclear submarine fleet.

The regulation of strategic nuclear weapons is mainly carried out by the Russian Federation and the United States (Interim Agreement on Certain Measures in the Field of Limitation of Offensive Strategic Arms of 1972, the Treaty on the Limitation of Offensive Strategic Arms of 1979, the Treaty on the Reduction and Limitation of Offensive Strategic Arms of 1991 that has not entered into force . and the Treaty on the Further Reduction and Limitation of Offensive Strategic Arms of 1993, which is perceived very ambiguously).

Weapons of mass destruction also include chemical and bacteriological weapons.

Bacteriological weapons are under a comprehensive ban:

not only its use for military purposes is prohibited, but also the development, production and

accumulation;

stockpiles of bacteriological weapons are subject to destruction or processing for peaceful purposes

(Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological

(biological) and toxic weapons and their destruction, 1972).

The 1972 Convention obliged each participant not to develop, produce, stockpile:

microbiological and other biological agents or toxins, regardless of their

origin and production, of such types and in such quantities that are not intended for preventive, protective and other peaceful purposes;

weapons, equipment or means of delivery intended for the use of such agents

or toxins for hostile purposes or in armed conflict.

States committed to destroy or switch to peaceful purposes no later than 9 months after

entry into force of the Convention, all agents, toxins, weapons, equipment and means of delivery in its possession or under its jurisdiction or control.

The Convention entered into force in March 1975, it is officially considered that since the beginning of 1976 all

bacteriological weapons and their means of delivery have been destroyed or diverted to peaceful purposes.

Chemical weapons as a means of warfare are illegal under the 1925 Protocol Prohibiting the Use in War of Asphyxiating, Poisonous or Similar Gases and Bacteriological Agents.

After the entry into force of the 1993 Convention on the Prohibition of the Development, Production, Stockpiling and Use chemical weapons and about its destruction, this type of weapon of mass destruction was also completely banned.

To facilitate the speedy introduction of such a ban, the Russian Federation and the United States decided to stop

production of chemical weapons, reducing their stockpiles and taking other measures to facilitate the transition to multilateral cooperation in this field (Agreement on

destruction and non-production of chemical weapons and on measures to promote the multilateral Convention on the Prohibition of Chemical Weapons of 1990).

The 1993 Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction obliges each party to:

not to develop, produce or stockpile chemical weapons;

no later than 2 years after the entry into force of the Convention (1997) to begin work on the destruction

these weapons and completed no later than 10 years after the entry into force of the Convention;

the process of destruction of chemical weapons must meet the latest achievements of science and be carried out at specially equipped facilities.

The role of international law in preventing war

In the modern world, international law has become decisive in solving the problems of eliminating the threat of war and the complex tasks of partial and general disarmament. International law knows an extensive arsenal of specific means of ensuring international security, which are a set of legal and other methods aimed at maintaining peace and preventing armed conflicts and applied by states individually or collectively. These means include peaceful means of resolving disputes, disarmament, measures to prevent nuclear war and surprise attack, collective security, non-alignment and neutrality, measures to suppress acts of aggression, self-defense, neutralization and demilitarization of certain territories, liquidation of foreign military bases, etc. All these means are international legal, as they are regulated by treaties and are carried out on the basis of the principles and norms of modern international law.

Among such agreements is the Agreement signed on June 22, 1973 between the Union of Soviet Socialist Republics and the United States of America on the prevention nuclear war. Both states pledged to act in such a way as to prevent the occurrence of situations capable of causing a dangerous aggravation of their relations, to avoid military confrontation and to exclude the outbreak of a nuclear war between them and between each of them and other countries. The agreement, which is open-ended, provides for consultations and the necessary efforts to avert the risk of nuclear conflict.

Without belittling the importance of all international legal means of ensuring international security, the creation of a system of collective security of states on a universal and regional basis and the implementation by states of collective measures to prevent armed conflict and achieve general and complete disarmament should be recognized as the most important. It is these means that to a greater extent ensure equal security for all states and the balance of their interests.

Confidence-building measures are a relatively new element of the security system. Its task is to prevent the deterioration of relations as a result of mutual misunderstanding, to create confidence in the absence of a threat to security. The first international legal acts in our time on this issue can be considered the Agreements between the USSR and the USA on measures to reduce the risk of a nuclear war (1971) and on the prevention of nuclear war (1973). The parties undertook to prevent the occurrence of situations that could cause a dangerous aggravation of their relations. In the event of a risk of a nuclear conflict emerging somewhere, the parties immediately begin mutual consultations.

The very concept of "confidence-building measures" was put into circulation by the Final Act of the CSCE in 1975. It provided for notification of military activities watching her. Detailed provisions on this issue are contained in the Document of the Stockholm Conference of the CSCE in 1986. They relate to advance notification of military activities carried out at a certain level (exercises, maneuvers), invitations of observers to such activities, and the exchange of annual plans for these activities. The issue of confidence-building measures was also discussed at subsequent OSCE meetings.

Confidence-building measures were also developed by the UN General Assembly. The final document of the first special session on disarmament in 1978 emphasized the link between disarmament and trust: in order to promote the disarmament process, it is necessary to build trust between states. Confidence promotes disarmament, and disarmament enhances confidence. Subsequently, the General Assembly adopted a number of resolutions on confidence-building measures.

Coercive measures are collective measures applied by the community of states on the basis of the UN Charter in order to eliminate a threat to the peace, a breach of the peace or an act of aggression. They are resorted to in extreme cases in order to forcefully put an end to the illegal behavior of the parties to the conflict, which creates a threat to the peace or is a breach of the peace or an act of aggression.

The UN Charter provides for two types of collective P. m. - not related to the use of the armed forces and the use of the armed forces. The UN Security Council is the only body in the UN system authorized to make decisions on the basis of the principle of unanimity on the conduct of the L.M. on behalf of the Organization. It uses, where appropriate, regional agreements or enforcement agencies under its direction. However, no P.m. may not be undertaken by virtue of such regional agreements or by regional bodies without authority from the Security Council, except as provided in Art. 53 of the Charter. Such cases refer to measures taken or authorized as a result of the Second World War against former enemy states, or provided for in regional agreements, directed against the resumption of aggressive policies on the part of any such state. If the actions of a state pose a threat to international peace or constitute a breach of the peace or an act of aggression, the Security Council may require the UN member states to apply measures not related to the use of armed forces, such as, for example, a complete or partial interruption of economic relations, railway, maritime , air and other means of communication, as well as rupture of diplomatic relations. The Security Council may consider that these measures may not be sufficient, or have already proved insufficient. In this case, he is authorized to take action by air, sea and land forces, which will be necessary to maintain or restore international peace and security. Such actions may include demonstrations, blockades and other military operations of UN members. In accordance with Art. 43 of the UN Charter, the Security Council was to conclude one or more agreements with UN members or with groups of UN members that would determine the number and type of troops, their degree of readiness and their general location, the nature of the facilities and assistance provided. Based on such agreements, the Security Council could demand that the necessary military forces and assistance be placed at its disposal in order to carry out coercive action by the armed forces. In the practice of the UN, not a single such agreement has yet been concluded, which is one of the reasons for the insufficient effectiveness of the Security Council in implementing the P.M. Art. 106 of the UN Charter provides that until the entry into force of the agreements under Art. 43 The permanent members of the Security Council should consult among themselves and, if necessary, with other members of the UN in order to take such joint action on behalf of the UN as may be necessary for the maintenance of international peace and security. To assist the Security Council on military matters, it has an auxiliary body, the Military Staff Committee, consisting of the chiefs of staff of the permanent members of the Security Council. However, due to the fault of Western countries, primarily the United States, the work of this important body was disrupted. Starting from 1947, the activities of the Military Staff Committee were actually terminated.

Self defense in international law- State-implemented use of force in response to an armed criminal attack by another country. In order to exercise the right to self-defence, each state, in accordance with Art. 51 of the UN Charter may resort to military force until such time as the UN Security Council has taken the measures necessary to maintain international security and peace. An article of the UN Charter emphasizes the importance of this right, stating its inalienability. The right of self-defence in international law belongs exclusively to the country - the victim of the attack, which must inform the UN Security Council about the fact of an armed attack on it.

National Liberation Movement - an organization that fights for the liberation of a people from foreign domination.

Examples of national liberation movements that arose in the 19th century were Young Italy, which fought for the liberation of Italian lands from the rule of the Habsburg Monarchy and the unification of Italy, as well as the Fenians, who fought for the independence of Ireland from Great Britain.

Many national liberation movements arose in the 20th century, especially during the collapse of the colonial system in the second half of the 20th century.

UN armed forces armed forces United Nations Peacekeeping Organization) - military contingents of countries - members of the UN, allocated in accordance with the UN Charter in order to prevent or eliminate a threat to peace and security through joint coercive actions (military demonstration, blockade, etc.), if measures of economic and of a political nature will or have proved insufficient. The military contingents provided by the UN member countries at the disposal of the Security Council, under its leadership and command, in essence, are the unified armed forces of the UN, which are called upon to achieve a number of goals in the course of a peacekeeping operation, namely: to prevent an aggressor state from exercising its plans; assistance to the relevant authorities in restoring order within the country (including jointly with the UN civilian and military police); investigation of incidents in border zones and control over the implementation of ceasefire agreements, the withdrawal of troops and the disarmament of military groups (formations, gangs); demining the area; ensuring the delivery of humanitarian (medical) aid; assistance in the restoration of destroyed facilities in the life support system of the population with the help of available equipment and specialists.

Multinational Force in Lebanon (Multinational Force in Lebanon or MNF) is an international peacekeeping force sent to Lebanon in 1982 during civil war in the country. The multinational force was supposed to ensure the stability of the situation in Lebanon, but in the long run they did not achieve their goals and were withdrawn from the country in 1984, having suffered heavy losses as a result of the terrorist actions of Shiite militants.

UN peacekeeping operations are an important instrument for maintaining peace and international security. Their activities are based on a number of General Assembly Resolutions adopted in accordance with the Charter of the Organization. The General Assembly regularly considers the issue of peacekeeping operations, the need for which is due to the fact that the conduct of peacekeeping operations is not provided for by the Charter itself, but stems from the goals and principles of the UN.

In the implementation of UN peacekeeping operations, the following tasks may be pursued:

Investigation of incidents and negotiation with conflicting parties in order to reconcile them;

International security law- this is a system of principles and norms that regulate the military-political relations of states and other subjects of international law in order to prevent the use of military force in international relations, suppress acts of aggression, limit and reduce armaments.

Like any branch of international law, international security law is based on the general principles of modern international law - non-use of force or threat of force, peaceful resolution of international disputes, territorial integrity and inviolability of borders, non-interference in the internal affairs of states, disarmament.

A number of sectoral principles have also been formed: equality and equal security; the indivisibility of security; without prejudice to the security of states.

PRINCIPLES:

■ recognition by each state of the comprehensive nature of international security, including political, military, economic and other security;

■ the right of every state to security and free development without outside interference;

■ renunciation by all states of any action that could damage the security of other states;

■ the impossibility of ensuring the security of one state at the expense of the security of other states. The principle of non-detriment to the security of other states includes:

■ Progressive implementation of disarmament measures in a fair and balanced manner to ensure the right of every State to security at the lower level of the armed forces;

■ Prevention of military superiority of some states over others at any stage of the disarmament process;

■ non-direction of measures taken to ensure security against the sovereignty, territorial integrity and freedom of any state.

These principles together constitute the legal basis of the law of international security.

Sources of international security law The main source regulating the international legal ways and means of ensuring peace is the UN Charter (Chapters I, VI, VII). The resolutions of the General Assembly, adopted within the framework of the UN, containing fundamentally new normative provisions and focused on concretizing the provisions of the Charter, can also be classified as sources of international security law, for example: “On the non-use of force in international relations and the prohibition of the use of nuclear weapons forever” (1972); “Definition of Aggression” (1974).



The most important place in the complex of sources of international security law is occupied by interconnected multilateral and bilateral treaties regulating legal aspects securing peace. These contracts can be roughly divided into four groups:

1. Treaties restraining the race for nuclear and conventional weapons in terms of space:

■ Treaty on the Non-Proliferation of Nuclear Weapons of 1968;

■ The 1971 Treaty on the Prohibition of the Placement of Nuclear Weapons and Other Types of Weapons of Mass Destruction on the Bottom of the Seas and Oceans and in Its Subsoil;

■ Treaty for the Prohibition of Nuclear Weapons in Latin America (Tlatelolco Treaty), 1967;

■ Treaty on a nuclear-weapon-free zone in South-East Asia(Bangkok Treaty) 1995;

■ agreements on the demilitarization of certain territorial spaces(for example, the Antarctic Treaty of 1958), etc.

2. Treaties limiting the buildup of arms and (or) their reduction in quantity and quality relations:

■ Comprehensive Ban Treaty nuclear testing 1996 (not yet in force);

■ Convention on the Prohibition of Military or Any Other Hostile Use of Means of Influencing natural environment 1977;

■ Treaty between the USSR and the USA on the reduction and limitation of strategic offensive arms of 1991 (START-1);

■ Treaty between the Russian Federation and the United States on the reduction of strategic offensive potentials of 2002, etc.

3. Treaties prohibiting the production of certain types of weapons and (or) prescribing their destruction:

■ Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on Their Destruction, 1971;

■ Treaty between the USSR and the USA on the elimination of their missiles medium range and shorter range 1987;

■ Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction, 1993



4. Treaties designed to prevent an accidental (unauthorized) outbreak of war:

■ Agreement on measures to reduce the risk of a nuclear war between the USSR and the USA, 1971;

■ Agreement between the USSR and Great Britain on the Prevention of Accidental Nuclear War, 1977;

International legal means of ensuring international security are a set of legal and other methods aimed at maintaining peace and preventing armed conflicts used by states individually or collectively - these are the means of ensuring international security. These funds include:

■ collective security,

■ peaceful means of dispute resolution,

■ disarmament (arms reduction) and measures to control the disarmament process,

■ measures to prevent nuclear war and surprise attack,

■ non-alignment and neutrality,

■ Measures to suppress acts of aggression,

■ self-defense,

■ neutralization and demilitarization of certain territories,

■ liquidation of foreign military bases,

■ confidence-building measures between states, etc.

All these means are international legal, as they are regulated by treaties and are carried out on the basis of the principles and norms of modern international law.