The principles of international law are universal in nature and are the criteria for the legality of all other international norms. Actions or international legal acts that violate the provisions of the basic principles of international law are recognized as invalid and entail international legal responsibility.

All principles of international law are of paramount importance and must be rigorously applied in interpreting each of them in light of the others.

The principles of international law are interrelated: violation of one provision entails non-compliance with others. For example, a violation of the principle of the territorial integrity of a state is at the same time a violation of the principles of the sovereign equality of states, non-interference in internal affairs, non-use of force and the threat of force, etc.

Nothing should be construed as prejudicial in any way to the provisions of the UN Charter or the rights and obligations of member states under the Charter, or the rights of peoples under the Charter, taking into account the statement of these rights in international documents.

Since the principles of international law are international legal norms, they exist in the form of certain ones.

Initially, the principles of international law were in the form of international legal customs, however, with the adoption of the UN Charter, the basic principles of international law acquire a legal form. Thus, the seven principles of international law (the sovereign equality of states, the conscientious fulfillment of international obligations assumed, the peaceful resolution of international disputes, refusal from the threat or use of force, etc.) are contained in the UN Charter. At the same time, Art. 103 of the Charter provides that in the event that the obligations of the UN members under the UN Charter are in conflict with the obligations under any international treaty, the obligations under the Charter prevail.

The content of the basic principles of international law was disclosed in detail in the Declaration on the principles of international law concerning friendly relations and cooperation between states in accordance with the UN Charter, 1970, in other UN documents (resolution of the UN General Assembly "Declaration on the prevention and elimination of disputes and situations that can threaten international peace and security, and the role of the United Nations in this area ”1988, UN General Assembly resolution“ Development and strengthening of good-neighborly relations between states ”1991). With regard to European conditions, the content of the basic principles of international law was concretized by the acts of the CSCE, in particular the Final Act of the Conference on Security and Cooperation in Europe (CSCE) 1975, the Final Document of the Vienna Meeting of 1989, etc. this area is played by the European Union.

Let's consider the content of the basic principles of international law in more detail.

The principle of sovereign equality of states

The principle of the sovereign equality of states and respect for the rights inherent in sovereignty. According to this principle, all states in international relations enjoy sovereign equality, have equal rights and obligations and are equal members of the world community. Equality means:

  • all states are legally equal;
  • all states must respect the legal personality of other states;
  • all states enjoy the rights inherent in full sovereignty. They have the right to independently resolve issues of participation in international conferences and organizations, international treaties, etc .;
  • the territorial integrity and political independence of states are inviolable, state borders can only be changed on the basis of an agreement and in accordance with international law;
  • states freely choose their political, economic, social and cultural systems;
  • states are obliged to fulfill their international obligations in good faith.

States must respect each other's sovereign equality and identity, as well as all rights inherent in and covered by their sovereignty, including, in particular, the right of each state to legal equality, territorial integrity, freedom and political independence. They are also obliged to respect each other's right to freely choose and develop their political, social, economic and cultural systems, as well as the right to establish their own laws and administrative rules.

Within the framework of international law, all member states have equal rights and obligations. They must respect each other's right to determine and exercise at their own discretion their relations with other states, international and regional organizations, and also have the right to neutrality. The member states thus build their relations on the basis of mutual benefit and respect.

Principle of non-use of force or threat of force

In accordance with the principle of the non-use of force or the threat of force, all states in international relations are obliged to refrain from the threat or use of force against the territorial inviolability and political independence of other states or in any other way incompatible with the goals of the UN. No considerations can be used to justify resorting to the threat of force or its use in violation of this principle. No use of force or threat of force will be used as a means of settling disputes or matters that may give rise to disputes between them. Nevertheless, in the event of any aggression or violation of the sovereignty, territorial integrity and political independence of a member state, the country subjected to aggression retains its right to individual and collective self-defense in accordance with the UN Charter and international law.

States, on the basis of universally recognized principles and norms of international law, must fulfill in good faith their international obligations with regard to the maintenance of peace and security.

The threat of force should not be used as a means of settling disputes between states. Aggressive wars are declared crimes against the world and humanity and entail responsibility under international law. War propaganda is also prohibited.

States reaffirm their commitment to uphold and protect the principles of the UN Charter and international law, as well as the methods contained in the UN Charter, in the field of the peaceful settlement of disputes. The parties to a dispute should immediately establish contacts and enter into negotiations to prevent the emergence of a conflict and resolve the dispute in accordance with the principles contained in the Declaration, as well as in the UN Charter and international law.

States should make every effort to build their international relations on the basis of mutual understanding, trust, respect and cooperation in all areas.

States should also develop bilateral and regional cooperation as an important means of enhancing the effectiveness of the principle of refraining from the threat or use of force in international relations.

States must be guided by their commitment to the principle of the 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.

States must take effective measures to prevent the threat of any armed conflict, including conflicts in which nuclear weapons may be used, prevent an arms race in outer space and stop and reverse the arms race on Earth, reduce the level of military confrontation and strengthen global stability. ...

States should fully cooperate with the organs of the United Nations, promoting their activities in the maintenance of international peace and security and the peaceful settlement of international disputes in accordance with the UN Charter.

In particular, they must enhance the role of the Security Council so that it can fully and effectively discharge its responsibilities. The permanent members of the Council bear a special responsibility in this regard, according to the Charter. States should provide the Security Council with all possible assistance in all actions taken by it for the purpose of equitably resolving crisis situations and regional conflicts. They must enhance the role that the Council can play in preventing disputes and situations, the continuation of which could pose a threat to the maintenance of international peace and security. They should facilitate the Council's task of addressing potentially dangerous situations to international peace and security at the earliest possible stage.

States must fully ensure the fulfillment of the important role assigned by the UN Charter to the General Assembly in the field of the peaceful settlement of disputes and the maintenance of international peace and security.

States should take into account, as an important factor in the strengthening and maintenance of international peace and security, that disputes of a legal nature should, as a general rule, be referred by the parties to the International Court of Justice, in accordance with the provisions of the Statute of the Court. The General Assembly and the Security Council should consider the appropriateness of using the provisions of the UN Charter concerning the possibility of seeking an advisory opinion from the International Court of Justice on any legal matter.

States parties to regional agreements or bodies should consider the possibility of wider use of such agreements and bodies to resolve issues related to the maintenance of international peace and security, in accordance with Art. 52 of the UN Charter.

The principle of respect for human rights

States should pay great attention to the principle of the indivisibility of all human rights and, in this regard, emphasize the importance of realizing all aspects of this principle.

The principle of the right to self-determination of peoples and nations

By virtue of the principle of equality and self-determination of peoples, enshrined in the UN Charter, all peoples have the right to freely determine, without outside interference, their political status and to pursue their economic, social and cultural development, and each state is obliged to respect this right in accordance with the provisions of the Charter.

Each state is obliged to promote, through joint and individual action, the implementation of the principle of equality and self-determination of peoples in accordance with the provisions of the UN Charter and to assist the United Nations in fulfilling the obligations entrusted to it by the Charter in relation to the implementation of this principle in order to:

a) promote friendly relations and cooperation between states and

b) immediately put an end to colonialism, showing due respect for the freely expressed will of the peoples concerned, and also bearing in mind that the subordination of peoples to foreign yoke, domination and exploitation is a violation of this principle, as well as a denial of fundamental human rights, and is contrary to the UN Charter.

The creation of a sovereign and independent state, free accession to or association with an independent state, or the establishment of any other political status freely determined by the people, are forms of the exercise of the right to self-determination by this people.

Each state is obliged to refrain from any violent actions that deprive peoples of their right to self-determination, freedom and independence. In their measures against such violent actions and in resisting them, the peoples, in order to exercise their right to self-determination, have the right to seek support and receive it in accordance with the purposes and principles of the UN Charter.

The territory of a colony or other non-self-governing territory has, according to the UN Charter, a status that is separate and different from the status of the territory of the state governing it. Such a separate and distinct, according to the Charter, status exists until the people of the given colony or Non-Self-Governing Territory exercise their right to self-determination in accordance with the Charter, and in particular in accordance with its purposes and principles.

Nothing in the relevant clauses of the 1970 Declaration of Principles of International Law should be construed as authorizing or encouraging any action that would lead to the dismemberment or partial or total violation of the territorial integrity or political unity of sovereign and independent states that respect the principle of equality in their actions and self-determination of peoples, as this principle is set out above, and as a result of which they have governments representing, without distinction of race, religion or color of skin, all the people living in a given territory.

Each state must refrain from any action aimed at partial or complete violation of the national unity and territorial integrity of any other state or country.

The peoples exercising self-determination have the right to seek and receive assistance in accordance with the purposes of the United Nations. At the same time, however, states should not encourage actions leading to the dismemberment or violation of the territorial integrity or political unity of those states that have governments that represent the entire people without distinction of race, religion or skin color.

The principle of cooperation between states

States are obliged, regardless of the differences in their political, economic and social systems, to cooperate with each other in various fields of international relations with the aim of maintaining international peace and security and promoting international economic stability and progress, the general welfare of peoples and international cooperation free from discrimination, based on such differences.

To this end, states:

  • cooperate with other states in the maintenance of international peace and security;
  • cooperate in the establishment of universal respect for and observance of human rights and fundamental freedoms for all and in the elimination of all forms of racial discrimination and all forms of religious intolerance;
  • carry out their international relations in the economic, social, cultural, technical and commercial fields in accordance with the principles of sovereign equality and non-interference;
    • principles of international law concerning friendly relations and cooperation between states in accordance with the UN Charter, states must in good faith fulfill all their international obligations.

    In the event that the obligations of the UN members under the Charter are in conflict with their obligations under any other international agreement, their obligations under the Charter prevail in accordance with Art. 103 of the Charter.

This principle was established with the adoption of the UN Charter in 1945, but the process of its development continues. The very name of the principle has not been finally established: one can find references to both territorial integrity and territorial inviolability. Both of these concepts are close in meaning, but their legal content is different. Concept territorial inviolability broader concept territorial integrity: an unauthorized entry of a foreign aircraft into the airspace of a state would be a violation of its territorial inviolability, while the territorial integrity of the state would not be violated.

The purpose of this principle in the modern world is great from the point of view of stability in interstate relations - it is to protect the territory of the state from any encroachments. In accordance with Part 3 of Art. 4 of the Constitution of the Russian Federation "The Russian Federation ensures the integrity and inviolability of its territory."

In the Declaration on the Principles of International Law of 1970, when disclosing the content of the wording of paragraph 4 of Art. 2 of the UN Charter reflected many elements of the principle of territorial integrity (inviolability) and established that each state "must refrain from any action aimed at partial or complete violation of the national unity and territorial integrity of any other state or country."

The content of this principle in the CSCE Final Act goes beyond the provisions prohibiting the use of force or the threat of force, or the transformation of a territory into an object of military occupation, or the acquisition of territory through the use of force or its threat. According to the Final Act, states, pledging to respect each other's territorial integrity, must "refrain from any action incompatible with the purposes and principles of the UN Charter." This may include any actions against territorial integrity or inviolability - the transit of any vehicles through a foreign territory without the permission of the territorial sovereign is a violation not only of the inviolability of borders, but also of the inviolability of the state territory, since it is it that is used for transit. All natural resources are integral components of the territory of the state, and if the territory as a whole is inviolable, then its components, that is, natural resources in their natural form, are inviolable. Therefore, their development by foreign persons or states without the permission of the territorial sovereign is also a violation of territorial inviolability.

In peaceful communication between neighboring states, the problem of protecting the state territory from the danger of causing damage to it by any influence from abroad often arises, that is, the danger of deteriorating the natural state of this territory or its individual components. The use by a state of its territory should not damage the natural conditions of the territory of another state.

One of the most important features and elements of a state is its territory. Therefore, its inviolability and integrity are the main value properties of the state, indispensable conditions for its existence.

The purpose of the principle is to protect the territory of the state from encroachments.

However, the very name of this principle has not yet been established, in international acts and literature in its name both elements are indicated - inviolability and integrity, and each of them separately. Both of these elements are close in meaning, but their legal content is different.

Territorial inviolability is the protection of the territory of the state from any outside encroachment; no one should encroach on the territory for the purpose of its full or partial occupation or occupation, penetrate its land, sea or air space against the will of the given state.

Territorial integrity is a state of unity and indivisibility of the territory of a state; no one should encroach on its territory for the purpose of full or partial violation of its unity, dismemberment, separation, rejection, transfer or annexation of all or part of it to the territory of another state.

The analyzed principle is one of the newest principles. Its formation began only in the middle of the 20th century. Previously, this was impossible: until the XX century. Under the conditions of the then unlimited rule of the law of force, the territory of states was constantly the object of attacks, seizures, occupation, violent divisions, exchanges, sales and annexations. The so-called classical international law, legally recognizing the right to war, thereby also lethalized the conquests and annexations of foreign territories accompanied by war. Therefore, for centuries, each state has ensured its own territorial security.

In paragraph 4 of Article 2 of the UN Charter, the threat or use of force against the territorial inviolability of states was prohibited for the first time. In the Declaration on the Principles of International Law, when disclosing the content of the wording of paragraph 4 of Art. 2 of the Charter reflected many of its elements, although the principle itself has not yet been separately mentioned. The next stage was the 1975 CSCE Final Act, in which it was singled out as an independent principle with specific content. According to the principle, states have undertaken the following obligations:

respect the territorial integrity of each other;

refrain from any action. incompatible with the UN Charter, against the territorial integrity or unity of each other and from actions constituting the use of force or the threat of force:

refrain from turning each other's territory into an object of military occupation or other direct or indirect measures of the unlawful use of force or into an object of acquisition with the help of such measures or the threat of their implementation;

not to legitimize any occupation or acquisitions of this kind.

Thus, we are talking about any actions against the inviolability or integrity of the territory. For example, the transit of any vehicles through a foreign territory without the permission of the authorities of this state is a violation of the inviolability of not only the borders, but also the territory, since it is it that is used for transit. All natural resources are constituent components of the territory of the state, and if the territory as a whole is inviolable, then its components are inviolable. Therefore, their development by foreign persons or states without the permission of the state authorities is also illegal.

In the modern world, the significance of this principle is very great from the point of view of ensuring the stability of interstate relations and protecting the sovereignty of all states. Russia in accordance with Part 3 of Art. 4 of the Constitution "ensures the integrity and inviolability of its territory." Protecting and ensuring the integrity and inviolability of the territory from the danger of attack from outside is one of the most important functions of the Russian state, like any state in the world.

More on the topic § 5. The principle of territorial inviolability and integrity of states:

  1. § 1. State, state formation, territorial autonomy and administrative-territorial division
  2. INTEGRITY AND DIVERSITY OF THE WORLD. MOBILITY, VARIABILITY OF BEING. DIFFICULTIES OF ACQUISITION OF CONNECTIONS AND INTERACTION OF PHENOMENA, INTEGRITY OF OBJECTS, THEIR MOVEMENT, CHANGE, DEVELOPMENT. "PAIRED" DIALECTIC CONCEPTS
  3. § 1. State, state formation, territorial autonomy and administrative-territorial division

TERRITORIAL INTEGRITY OF STATES AND ITS SUPPORT: THEORETICAL LEGAL AND INTERNATIONAL LEGAL DIMENSIONS

N.V. Ostroukhov

Department of International Law Peoples' Friendship University of Russia

st. Miklukho-Maklaya, 6, Moscow, Russia, 117198

The article analyzes the principle of territorial integrity of states as one of the principles of modern international law and reveals its theoretical legal and international legal foundations.

Key words: territorial integrity, state, international law, international legal principles.

The territorial integrity of a state is an integral element of its sovereignty and is achieved through the adoption at the international and domestic levels of a complex of political, legal, organizational, diplomatic, military, special and other measures. An important place among these measures is given to international legal measures regulating the activities of states and other subjects of international law in this area.

The principle of territorial integrity has successfully entered the system of basic principles of international law. Proceeding from the fact that this system covers the principles in accordance with which the UN organizes its activities, it can be assumed that the purpose of the system coincides with the purpose of this organization - the maintenance of international peace and security and the development of friendly relations and cooperation between states.

For the first time legally designated at the universal level in the UN Charter of 1945 and reflecting the most important property of any state, the international legal principle of territorial integrity was further developed in a number of international treaties, the Declaration on the Principles of International Law Concerning Friendly Relations and Cooperation between States in accordance with the Charter The United Nations Organization in 1945, the Final Act of the Conference on Security and Cooperation in Europe in 1975, as well as consolidation in many other international documents. International law protects the principle of the territorial integrity of states, does not encourage separatism and other encroachments on this principle.

However, in Russian legal practice, the name of this principle has not been finally established:

both the integrity and the territorial inviolability. A similar situation has arisen due to inconsistencies between the formulations of the principle of non-use of force and the threat of force (refraining from the use of force and the threat of force) in the Russian and English texts of the UN Charter. The Russian version speaks of "territorial integrity", while the English version speaks of "territorial integrity".

At the same time, the concept of territorial integrity is repeatedly encountered both in the UN Charter itself and in the 1970 Declaration on the Principles of International Law (hereinafter referred to as the Declaration), its Preamble, and its other provisions, for example, related to the principle of equality and self-determination of peoples.

Unfortunately, the principle of territorial integrity of states is not disclosed in international law. In the doctrine of international law, different meanings are often put into its content, the correlation of this principle with other principles of international law, in particular with the principle of inviolability of state borders, the principle of equality and self-determination of peoples, is not clearly defined. This often leads to different assessments of the events taking place in the world.

In the UN Charter and the Declaration, the principle of territorial integrity is not singled out as an independent principle of international law, although this is often noted in the doctrine of international law, but, undoubtedly, it is a generally recognized, basic principle of international law, a norm of jus cogens and is one of the cementing principles of international law. and world order. Note that, in our opinion, it is more correct to speak of the principle of "observance or respect for the territorial integrity of the state" as the basic principle of international law, closely related to other principles of international law.

So, in the preamble to the Declaration on the Principles of International Law of 1970, it is stated that all states in their international relations should refrain from the threat of force or its use both against the territorial inviolability (territorial integrity - N.O.) or the political independence of any state, and how - in any other way incompatible with the goals of the UN (the principle of the non-use of force or the threat of force).

Any attempt aimed at partial or complete violation of the territorial integrity of the state is incompatible with the purposes and principles of the UN Charter. The Declaration recalls the obligation of states to refrain in their international relations from military, political, economic or any other form of pressure directed against the territorial integrity of any state.

In fact, this is a prohibition of violent or non-violent actions, their attempts or threats of such actions against the territorial integrity of the state. Moreover, it speaks of the external form of influence on the state. Such pressure can be exercised by military, political, economic and other means aimed at full or partial dismemberment of the state. In particular, actions against territorial integrity can be expressed in the form of ag-

ressions. Aggressive war is a crime against peace that carries responsibility under international law. States are obliged to refrain from promoting aggressive wars.

Any violation of territorial integrity cannot be recognized as legitimate from the outset. The territory of a state should not be the object of military occupation resulting from the use of force in violation of the provisions of the UN 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.

The threat or use of force should never be used as a means of settling international issues, this is contrary to the principle of the peaceful settlement of international disputes, according to which states resolve their international disputes by peaceful means in such a way as not to endanger international peace and security and justice.

Often, it is territorial disputes that lead to a violation of the territorial integrity of the state. The use of peaceful means is often aimed at the fair resolution of such disputes. But even with a positive outcome of this process, the former territorial configuration of the disputing states can be changed, on the basis of mutual agreement on changing their territories and changing the joint state border.

The Declaration does not directly indicate the relationship between the principle of territorial integrity and the principle of cooperation, which is ensured through the obligation of states to cooperate in order to maintain international peace and security, to exercise their international relations in the economic, social, cultural, technical and commercial fields in accordance with the principles of sovereign equality and non-interference. The UN member states are obliged, in cooperation with the UN, to take joint and individual measures stipulated by the relevant provisions of the Charter, which includes, among other things, repelling aggression directed against the territorial integrity of states and establishing fair state borders.

It is impossible not to point out the interconnection of the principle concerning the obligation, in accordance with the UN Charter, not to interfere in matters within the internal competence of any state (the principle of non-interference) with the principle of territorial integrity. 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.

Violation of territorial integrity can be carried out without the use of armed force against the state, namely by influencing the internal life of the state or facilitating negative processes occurring in states, for example, armed conflicts of a non-international nature, exacerbation of ethnic contradictions in the state, religious discord.

Often, states secretly or openly support certain forces located on the territory of their own or another state, aimed at dismembering the territory of a foreign state. 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. This also applies to the organization, incitement, assistance or participation in acts of civil war or terrorist acts in another state or from the connivance of organizational activities within its own territory aimed at committing such acts, in the event that the acts referred to here are associated with a threat force or its use.

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.

The principle of the sovereign equality of states is directly related to the principle of territorial integrity. All states enjoy sovereign equality. They have the same rights and obligations and are equal members of the international community, regardless of differences of economic, social, political or other nature. In particular, the concept of sovereign equality includes such elements as the obligation of each state to respect the legal personality of other states, to fulfill fully and in good faith its international obligations and to live in peace with other states. The territorial integrity and political independence of the state are inviolable.

The principle of the conscientious fulfillment by states of international obligations is a fundamental, cementing principle of international law and is aimed, inter alia, at ensuring the obligations of states to respect each other's territorial integrity and to prevent its violation by third states.

Historically, the self-determination of peoples quite often becomes the reason for the violation of the territorial integrity of states, their disintegration. Creation of a sovereign and independent state, free accession to or association with an independent state, or the establishment of any other political status freely determined by the people, as

defined by the Declaration, are ways of exercising this people of the right to self-determination. Thus, this document specifies the list of ways in which this or that nation can self-determine. This is due to certain territorial changes or self-determination in the form of the formation of autonomy.

The Declaration highlighted the connection between the principle of equality and self-determination of peoples with the principle of territorial integrity.

This principle found legal confirmation at a universal level in the UN Charter and thus was recognized as a generally recognized principle of international law. Therefore, all peoples have the right to freely determine, without outside interference, their political status and to pursue their economic, social and cultural development, and each state is obliged to respect this right in accordance with the provisions of the UN Charter. Other states are obliged to promote, through joint and independent action, universal respect and observance of human rights and fundamental freedoms in accordance with the UN Charter, including the right of peoples to self-determination, which is one of the collective human rights and freedoms.

Each state is obliged to promote, through joint and independent actions, the implementation of the principle of equality and self-determination of peoples in accordance with the provisions of the UN Charter and to assist this international organization in fulfilling the obligations entrusted to it by the Charter in relation to the implementation of this principle. In addition, each state is obliged to refrain from any violent actions that deprive the peoples, which are mentioned above, in the specification of this principle, of their right to self-determination, freedom and independence.

At first glance, the Declaration contains a contradiction between the sovereign right of the state with respect to its territory to ensure its territorial integrity and the right of peoples to self-determination, the implementation of which may lead to territorial disintegration.

However, in accordance with this document, the principle of equality and self-determination of peoples should not be interpreted as authorizing or encouraging any actions that would lead to the dismemberment or partial or complete violation of the territorial integrity or political unity of sovereign and independent states, acting in compliance with this principle, having governments representing the entire people belonging to a given territory, without distinction of race, religion or skin color.

Thus, the principles of the UN Charter are interrelated, represent a system and each principle, as noted in the Declaration, must be considered in the context of all other principles.

All states should be guided by these principles in their international activities and develop their relations on the basis of their strict observance. At the same time, it should be noted that the UN Charter and the Declaration gave a limited list of the basic principles of international law. The doctrine of international law is not limited to this list and

ranks among them the principle of respect for fundamental human rights and freedoms, the principle of inviolability and inviolability of state borders, which are also associated with the principle of territorial integrity. Thus, the principle of inviolability of state borders (the principle of prohibition of illegal changes in state borders) is a generally recognized basic principle of international law, a norm of jus cogens. It is derived, first of all, from the principle of non-use (refraining from using) force or the threat of force, other interrelated basic principles of international law, including the principle of territorial integrity.

In turn, the principle of inviolability of state borders (the principle of observing the passage of the state border on the ground and its regime) is a generally recognized principle of international law. It is derived, first of all, from the principle of the non-use of force or the threat of force, the sovereign equality of states, other interrelated basic principles of international law, as well as the principle of territorial inviolability of states (the principle of prohibiting the use of force against the territory of a foreign state).

The last mentioned principle is also a generally recognized principle of international law, a norm of jus cogens. It is derived from the principle of non-use (refraining from using) force or the threat of force, the principle of territorial integrity, and other interrelated basic principles of international law.

Ensuring the territorial integrity of states is one of the pressing problems of our time.

History testifies to numerous cases of the disintegration of states into component parts, attempts to separate part of their territory from the states.

At the same time, we can confidently assert that a system of ensuring the territorial integrity of states has developed in the world, although it is still not effective enough, but is in constant development. At the same time, the main purpose of this system is to protect the vital interests of states from threats to their territorial integrity. Private goals, that is, goals of the second order, include such goals as weakening the influence, and if possible, eliminating the causes and conditions that contribute to the emergence, action of these threats, neutralizing them and eliminating the consequences.

These goals predetermine the role played by the system of ensuring territorial integrity in the functioning of the security systems of specific states, including the Russian Federation. In addition, these goals are components of the goals of higher-level systems that are in the field of ensuring international security and maintaining international law and order. This indicates that the system for ensuring the territorial integrity of states can be viewed as an integral component of such global systems.

The directions of international cooperation to ensure territorial integrity must correspond to the nature of the threats. First of all,

their internal and external character must be taken into account. This is due to the fact that the territorial integrity is influenced by both internal and external factors. Their understanding can be approached both from interstate and intrastate positions, established doctrines.

The international approach is of particular interest.

External influences on the state often lead to certain territorial changes. Although intrastate processes that are not related to external influences can also lead to a violation of the territorial integrity of states.

In our opinion, such topical issues of international cooperation, which are the most important components of the system for ensuring the territorial integrity of states, deserve the greatest attention, such as:

International legal registration of the state border of neighboring states as a guarantee of reliable consolidation of the state border line with the help of international means;

Change in accordance with international law of the passage of state borders;

International legal counteraction to separatism as one of the main sources of destruction of the territorial integrity of states;

International cooperation in the field of state border protection, allowing to coordinate joint activities of states;

Ensuring the territorial integrity of states within the framework of the functioning of the international security system, aimed at preventing, suppressing and neutralizing external threats.

The issue of borders is of great importance for every state. The range of interests of states is concentrated on the borders, many of which are vital and form the basis of the national security of each of them. The establishment of fair and durable state borders, their proper registration is an important factor in ensuring international security, the development of friendly relations between states.

At the same time, the clarity of the definition of the state border in the agreement of neighboring states and its establishment on the ground contributes to the implementation in practice of such fundamental principles of modern international law as the territorial integrity of states and the inviolability of state borders. The preservation and consolidation of international peace and security largely depends on this, since territorial disputes, the claims of one state to the territory of another very often led to conflicts, armed clashes and wars between them.

If there are indeed grounds for territorial claims, then any change in the ownership of a state territory is possible only by peaceful means, on the basis of an agreement of the states concerned, with the help of which new state borders can be established and legally formalized. Establishing a fair state border is of great importance for the normalization of relations between

separate states, especially in those cases when in the past there were disagreements between them on the passage of the border.

Any change in the territory of a state, its new political and legal outlines, with the exception of cases of rejection of a part of the territory of the state that committed an act of aggression (and the consent of such a state is not required - N.O.), must be carried out on the basis of a voluntary agreement of neighboring states, the principle of equality and self-determination of the peoples inhabiting the relevant territory, taking into account other legitimate interests of states. The new borders must be secured in an agreement between neighboring states or in international custom.

A vague definition of the state border, different approaches to its establishment, due to the historical, economic and other interests of states, the absence of clear agreements on the passage of the border, the lack of clarity in their wording and even errors in the documents on border delimitation, inaccurate border demarcation can lead to territorial disputes. Such disputes are a very important problem and reduce the level of security of the state, its vital interests, one of the elements of which is to ensure the territorial integrity of the state.

The threat to the territorial integrity of states is created by separatism, the danger of which has always accompanied humanity, and some signs of which as an illegal phenomenon were reflected in the resolution of the UN General Assembly, which approved the Declaration of Principles of International Law of 1970. It is noteworthy that the first international treaty in which the definition of separatism was found, its composition was fixed, and the 2001 Shanghai Convention on the Suppression of Terrorism, Separatism and Extremism, which is, as you know, a regional international treaty, became.

The world community can and should take real steps to counteract separatism, namely, to neutralize the causes and conditions that contribute to the emergence of separatism, localize its development in states, combat separatism, minimize and (or) eliminate the consequences of manifestations of separatism. The issue of countering separatism began to be in the field of vision of international intergovernmental organizations.

The main goal of international cooperation in countering separatism should be to ensure the protection of the territorial integrity of states from the threats of separatism. The main tasks are to develop common approaches of states to counter separatism; improvement of the legal framework for cooperation, as well as the development and harmonization of state legislations in this area; identification and elimination of the causes and conditions conducive to separatism; its prevention and suppression; countering the financing of separatism in any form; increasing the effectiveness of interaction between the competent authorities of states in preventing, detecting, suppressing and investigating separatism, identifying and suppressing the activities of organizations and persons involved in it; creating an atmosphere in the world of complete rejection of separatism.

Along with security measures on joint borders, states are taking measures for their joint protection, which is carried out by the border agencies of neighboring states.

Neighboring states, in the interests of ensuring their security, as a rule, conclude bilateral and multilateral international treaties on a system of interrelated issues related to the protection of a common state border. Agreements on cooperation on border issues ensure the timely and coordinated exchange of information, including about persons in respect of whom, in accordance with national legislation, there are restrictions on entry into the territory of these states or to leave their borders, including persons participating in the separatist activities.

The parties agree on a joint border policy, develop and implement joint programs on border issues, and implement a long-term strategy of mutually beneficial border cooperation. The main activities in this area, as a rule, are; unification of the legislative and regulatory framework of the participating States in the field of border policy; formation of a unified system of border and customs control at the borders; unification of approaches to the conclusion of international treaties with third countries on border issues; integration of management and optimization of interaction between state bodies of states in the field of ensuring security at their borders. There is a practice of mutual assistance by states to each other in the protection of borders with third states, within the framework of relevant international treaties. International organizations are also one of the important instruments for ensuring the territorial integrity of states by coordinating efforts to protect the borders of their members.

At present, the military-political situation in the world has acquired a qualitatively new character, rather complex and contradictory. Its development is influenced by a large number of external and internal factors that are closely interconnected and interdependent. There is a significant number of regional interstate and intrastate problems, the aggravation of which is fraught with escalation into international armed conflicts and local wars. The prerequisites for this persist in social, political, economic, territorial, national-ethnic, religious and other contradictions, as well as in the commitment of a number of states to resolve them by force.

At present, there are attempts on the part of individual countries or groups of countries to pursue a course of regional or global domination, occupying a special place in the world system due to their military-strategic, economic or scientific-technical potential, and the action of a position of strength.

The situation at the borders, ensuring territorial integrity is also influenced by factors within states. The presence of zones of armed conflict

of a non-international nature, the complexity of the transition period, the reasons for which lie in the unresolved mutual claims of independent states and new national entities against each other, the actions of many unconstituted armed formations within states negatively affect the internal political situation and are the main cause of instability in these states.

One of the effective means of ensuring the territorial integrity of states is the creation of a reliable system of collective security, which, as you know, can be universal (universal) or regional. Such a system is an organizational form and a set of coordinated joint measures by states of the whole world or a certain geographic area, undertaken to prevent and eliminate threats to peace, suppress acts of aggression or other violations of the peace, as well as to protect the vital interests of states from other external threats. The functioning of this system is impossible without appropriate international legal measures.

Thus, territorial integrity is manifested in the unity of the territory to which the sovereignty of the state extends. This is a qualitative characteristic of the state. Territorial integrity is determined by its ability to preserve its territory within the boundaries established in accordance with international law, to resist external and internal threats aimed at changing the territory of the state. The preservation of the territorial integrity of states is both an internal state and an international problem. In this regard, the scientific study of the entire range of international legal issues that affect the territorial integrity of states and contribute to its strengthening is acquiring special relevance.

LITERATURE

Lukashuk I.I. International law. General part: Textbook for students of law faculties and universities. - M .: Walters Kluver, 2005.

Chernichenko S.V. The theory of international law. In 2 volumes - T. 1. Modern hierarchical problems. - M., 1999.

TERRITOTIAL INTEGRITY OF STATES AND ITS GUARANTEE: THEORETICAL-LEGAL AND INTERNATIONAL-LEGAL

The Department of International Law Peoples "Friendship University of Russia

6, Miklukho-Maklaya st., Moscow, Russia, 117198

The are analized principle of territotial integrity of states as one of the general principles of the

modern international law and also studied the main theoretical-legal and international-legal bases of this

principle in the actual.

Key words: territorial integrity, stete, international law, international-legal principles.

Lukashuk I.I. Mezhdunarodnoe pravo. Obschaya chast ": Uchebnik dlya studentov yuridiche-skikh fakul" tetov i vuzov. - M .: Volters Kluver, 2005.

Chernichenko S.V. Teoriya mezhdunarodnogo prava. V 2 t. - T. 1. Sovremennye ieoreti-cheskie problemy. - M., 1999.

Cassese A. International Law in Divided World. - New York: Oxford University Press, 1987.

High-level Panel on Treats, Cjallenges and Cjange. A More Secure World: Our Shared Responsibility // Un Doc. A / 59/565. December 2, 2004.

Human Security Report: War and Peace in the 21st Century. - Vancuver: Human Security Center, University of British Columbia, 2005.

Maill H. The Peacemakers: Peaceful Settlement of Disputes since 1945. - New York: St. Martin's Press, 1992.

The Oxford Handbook on the United Nations / Ed. by Thomas G. Weiss and Sam Daws. - Oxford University Press, 2008.

Weiss T. (ed.). Collective Security in a Changing World. - Boulder, CO: Lynne Rienner, 1993.

The principle of inviolability of state borders was first formulated in the Treaty between the USSR and the FRG of 08/12/1970, and then in the agreements between the People's Republic of Poland, the GDR and Czechoslovakia with the FRG. The principle of inviolability of state borders is one of the most important foundations of the security of European states. The inviolability of borders has become a norm of international law, legally binding on the states parties to these treaties. The main content of the principle of inviolability of boundaries is expressed:

1. in the recognition of existing boundaries as legally established in accordance with international law;

2. in the waiver of any territorial claims at the moment or in the future;

3. in the refusal of any other encroachment on these boundaries, including the threat or use of force.

The principle of inviolability of state borders correlates with the principle of inviolability of state borders.

The principle of inviolability of state borders means:

1.the duty of states to observe the existing line of the state border on the ground: to prevent arbitrary movement of the border line on the ground;

2. the right of states not to allow the crossing of their state border without an appropriate permit or outside the established rules.

The principle of inviolability of borders and the principle of inviolability of borders differ in their geographical scope. The principle of inviolability of borders, according to the 1975 CSCE Final Act, is valid only in relations between the states participating in this act, that is, European states, as well as the United States and Canada. The principle of inviolability of borders has a broader scope, since it is a principle of general international law and is valid on all continents, regardless of whether or not there are special agreements on this issue. Taking into account the importance of the inviolability of state borders for peaceful cooperation, international law pays serious attention to ensuring it. The 1969 Vienna Convention on the Law of Treaties provides for a limited possibility of terminating a treaty in the event of a fundamental change in the circumstances occurring at its conclusion. At the same time, it has been established that a change in circumstances cannot be invoked if the treaty establishes the boundary of the Vienna Convention on the Law of Treaties of 23.05.1969. clause 2 of Art. 62.

The principle of territorial integrity of states

The main purpose of the principle of territorial integrity is to protect the territory of the state from any encroachments.

The UN Charter prohibited the threat or use of force against the territorial integrity and political independence of any state.

The significance of this principle is very great from the point of view of stability in interstate relations and means the duty of states to refrain from any actions aimed at violating the national unity and territorial integrity of any other state or country.

The territory of a state should not be the object of military occupation and should not be an object of acquisition by another state, therefore, any territorial acquisitions resulting from the threat or use of force should not be recognized as legal.

States, pledging to respect each other's territorial integrity (territorial integrity is the unity of the territory to which the sovereignty of the state extends), must refrain from any actions against territorial integrity or inviolability that are incompatible with the purposes and principles of the UN Charter. For example, the transit of any vehicles through a foreign territory without the permission of the territorial sovereign is a violation not only of the inviolability of borders, but also of the inviolability of the state territory, since it is this territory that is used for transit. All natural resources are integral components of the territory of the state, and if the territory as a whole is inviolable, then its components, that is, natural resources in their natural form, are inviolable. Therefore, their development by foreign persons or states without the permission of the territorial sovereign is also a violation of territorial inviolability.

The use by a state of its territory should not damage the natural conditions of the territory of another state.

Territory 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 will be recognized as legitimate.

The latter provision does not apply to the validity of treaties on territorial issues concluded upon the adoption of the UN Charter. As you know, the legality of the seizure of part of the territory of the states responsible for the outbreak of World War II is recognized by the UN Charter, the UN Charter of 06/26/1945. Art. 107.

A legal change in the territory of a state can take place as a result of the exercise by the people of the right to self-determination. Joining an independent state or creating a new independent state as a result of the free expression of the will of the people is the exercise of the right to self-determination, the right to be free from foreign oppression.