Parenting 

Sources of international security law. Collective security system. International security law International security law is

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 interrelated multilateral and bilateral treaties that regulate the legal aspects of ensuring peace. These contracts can be roughly divided into four groups:

1. Treaties that restrain the race of nuclear and conventional arms in spatial terms:

■ 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 at 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 Southeast Asia (Bangkok Treaty) 1995;

■ treaties 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 quantitative and qualitative terms:

■ 1996 Comprehensive Nuclear-Test-Ban Treaty (not yet in force);

■ 1977 Convention on the Prohibition of Military or Any Other Hostile Use of Environmental Influencers;

■ 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 Intermediate-Range and Shorter-Range Missiles, 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.

International security law is a system of principles and norms governing the military-political relations of states and other subjects of international law in order to prevent the use of military force, combat international terrorism, limit and reduce arms, establish confidence and international control.

Like any branch of international law, international security law is based on the general principles of modern international law, among which the principle of non-use of force or threat of force, the principle of peaceful settlement of disputes, the principles of territorial integrity and inviolability of borders, as well as a number of sectoral principles, such as the principle of equality and equal security, the principle of non-infliction of damage, the security of states. Taken together, they constitute the legal basis of international security law.

As a relatively new branch of modern international law, international security law has one important feature, which is that its principles and norms in the process of regulating international relations are closely intertwined with the principles and norms of all other branches of international law, thus forming a secondary legal structure, serving, in essence, the entire system of modern international law. This feature gives reason to say that the law of international security is a complex branch of modern international law.

The main source regulating the international legal ways and means of ensuring peace is the UN Charter (Chapters I, VI, VII). The maintenance of international peace and security and the adoption of effective collective measures for this are the main goals of the UN (Article 1 of the Charter).

The resolutions of the General Assembly adopted within the framework of the UN, containing fundamentally new normative provisions and focused on concretizing the prescriptions of the Charter, can also be classified as political and legal 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 1974, “Definition of Aggression” or “On the Establishment of a Comprehensive System of International Peace and Security” 1986 and “Comprehensive Approach to Strengthening International Peace and Security in accordance with the UN Charter” 1988, etc.

An important place in the complex of sources of international security law is occupied by interrelated multilateral and bilateral treaties that regulate the legal aspects of ensuring peace. These treaties concern the non-proliferation of nuclear, chemical, bacteriological and other weapons of mass destruction; creation of nuclear-free zones (Treaty on the Prohibition of Nuclear Weapons in Latin America of 1967, Treaty on the Nuclear-Free Zone of the South Pacific Ocean of 1985, etc.); treaties prohibiting the testing of nuclear weapons in certain regions of the Earth or the hostile use of means of influencing the environment; treaties designed to prevent an accidental (unauthorized) outbreak of war (1988 Agreement on Notification of Launches of Intercontinental Ballistic Missiles and Submarine Ballistic Missiles, etc.); treaties aimed at preventing and suppressing international terrorism.

There is no single document coordinating this branch of law. There is no need to adopt it either, because modern international law is entirely aimed at preventing war.

In the 21st century by national security it is no longer enough to understand only the physical and moral and political ability of the state to protect itself from external sources of threat to its existence, since the provision of national security turned out to be in dialectical interdependence with international security, with the maintenance and strengthening of world peace.

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

The system of international security must be based on international norms and principles, with their observance by all subjects of 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 security in the world, 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 conditions of international security, each state has the best conditions for raising the material standard of living of people, 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 of state borders, non-interference in the internal affairs of states, peaceful resolution 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. Indeed, the modern development of society, infrastructure, and the economy implies a close interconnection of all states in the world. Experience shows that any emergency situation in one part of the world can have 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 for ensuring international security, and not just the security of their region.

The principle of unimpaired safety other states implies the conduct by each state of such a foreign policy that takes into account the security of not only its own state, but also the entire world community to the maximum extent.

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 a system of international agreements (treaties) aimed at ensuring international security for all states.

The universal system for ensuring international security has been 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 OSCE began to take shape in 1975, when 33 European states, as well as the United States and Canada, signed the Final Act of the Conference on Security and Cooperation in Europe (CSCE) at the highest level. 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 UN Security Council's primary responsibility 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 creation of the Russia-NATO Council, these actors of international relations have worked together on various issues, from the fight against drug trafficking and the fight against 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 the 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 Interaction Group Blackseafor The main tasks of Blackseafor are to conduct joint search and rescue exercises, mine action and 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 of 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 is also ensured 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 of 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 the 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 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 Coordinating Council for Emergency Situations of the Collective Security Treaty Organization from Russia is the Minister of the Russian Federation for Civil Defense, Emergency Situations and Elimination of Consequences of Natural Disasters.

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 the 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 information-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.

Based on the Decision of the Collective Security Council, which adopted amendments to the Regulations on the CSChS 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.

Of great importance in ensuring international, regional and national security are bilateral agreements between states, for example, between Russia and France. In order to deepen the 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;

Normative legal regulation of 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 of the 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 of 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

The attention of international politics in the long term will be focused on the possession of sources of energy resources, including in the Middle East, on the shelf of the Barents Sea and other areas of the Arctic, in the Caspian Sea basin and in Central Asia. The negative impact on the international situation in the medium term will continue to be exerted 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 bilateral and multilateral cooperation relations with the CIS member states is a priority area of ​​foreign policy for Russia. Russia will strive to develop the potential for regional and sub-regional integration and coordination in the space of the CIS member states, primarily within the framework of 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. It is in the long-term national interests of Russia that an open system of collective security be formed in the Euro-Atlantic region on a certain contractual and 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 the provision of humanitarian assistance to 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.

The Strategy of the state national policy determines 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, the expansion of 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:

Promoting 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 of harmonizing 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 the rights and legitimate interests of Russian citizens and compatriots living abroad, based on the generally recognized principles and norms of international law, international treaties of the 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 guarantee their humanitarian contacts and freedom of movement;

Using the resource of public diplomacy by involving civil society institutions in solving the problems of international cultural and humanitarian cooperation as a means of establishing an inter-civilizational 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.

The main body of 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 head 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 Federal Law of the Russian Federation of 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” // Collected Legislation of the Russian Federation of November 14, 2011 No. 46, Art. 6477

The Ambassadors Extraordinary and Plenipotentiary of the Russian Federation in foreign states must ensure the implementation 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 state 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 system of principles and norms governing the military-political relations of subjects of international law in order to prevent the use of military force in international relations, limit and reduce armaments.

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.

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

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

The special principles of international security law also have a normative character. Among them, the principles of equality and equal security, non-damage to the security of states, etc. should be highlighted. Equal security is understood in a legal sense: all states have an equal right to ensure their security. In this case, there may not be actual equality, parity in armaments and armed forces. International law knows an extensive arsenal of specific means of ensuring international security. These include:

  • Collective security (general and regional);
  • · disarmament;
  • peaceful means of resolving disputes;
  • · Measures to ease international tension and end the arms race;
  • measures to prevent nuclear war;
  • non-alignment and neutrality;
  • · Measures to suppress acts of aggression, violations of the peace and threats to the peace;
  • · self-defense;
  • · actions of international organizations;
  • · neutralization and demilitarization of separate territories, liquidation of foreign military bases;
  • creation of peace zones in various regions of the globe;
  • · confidence-building measures between states.

Among the above-mentioned means of ensuring international security, the most important place is given to the first three.

The system of international security is a set of means that ensure the maintenance of international security, it distinguishes two points:

  • · the first: collective measures - wide international cooperation;
  • · second: preventive diplomacy aimed at preventing threats to peace and peaceful settlement of international disputes.

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

The interests of international security demand that even the possibility of an armed conflict be ruled out. Today, when resolving an armed conflict, it is extremely important to use exclusively political means, which are allowed by international law. The role of international law in this case is not only to maintain international peace and security, but also to prevent the emergence of hotbeds of tension - both new and already settled. The dominant role in these situations belongs to the law of international security.

International security is comprehensive. It is worth noting that it contains economic, political, military, humanitarian, environmental, informational and other aspects that are closely related to each other. There has always been a military-political security of states, which has recently been supplemented by economic, food, environmental, information and other security. Recently, problems (environmental, raw materials, demographic, food, etc.) have come to light before the entire civilized community, which demanded great attention and require the combined efforts of all the states of the planet to resolve it. All??? with great confidence allows us to speak about the emergence and development of a comprehensive system of international security.

International security is essentially indivisible. That is, one cannot build the security of one state at the expense of the security of another state. The military doctrines of all the states of the world must be strictly defensive. In addition, international security cannot be built on the basis of the existence and unilateral actions of NATO, bypassing the UN Security Council, without taking into account the opinions of the OSCE and such powers as Russia, China and India.

The norms of international security law are found in many international treaties, primarily in the UN Charter, charters of regional collective security organizations, treaties on disarmament, limitation of armed forces, agreements on confidence-building measures, etc. principles of international law, for example, non-use of force and threat of force, non-interference in internal affairs, conscientious fulfillment of international obligations, etc. , the principle of accounting for balances of interests, the principle of sufficiency, etc.

Collective Security means a system of joint measures taken by states all over the world or a certain geographical area to prevent and eliminate threats to peace and to suppress acts of aggression. Collective security is based on the UN Charter.

Collective security system has two main features:

  • 1. the adoption by the states - participants of the system of at least three obligations, addressed, as it were, "inside" the system:
    • Do not resort to force in your relationships;
    • resolve all disputes amicably;
    • · Actively cooperate in order to eliminate any danger to the world.
  • 2. the presence of organizational unity of the states - participants of the system. This is either an organization that acts as a “classic” form of collective security (for example, the UN), or another expression of unity: the establishment of advisory or coordinating bodies (for example, the Non-Aligned Movement), the provision of systematic meetings, meetings (for example, the OSCE).

The collective security system is formalized by an agreement or a system of agreements.

International security law- a branch of international law, which is a set of norms and rules aimed at maintaining international peace and security. ( international security- a state where there is no threat to peace and security.)

The law of international security includes:

  • Generally recognized norms of MP;
  • Measures to prevent acts of aggression and eliminate threats to peace;
  • Measures to limit and reduce armaments;

Sources of international security law

  • UN Charter;
  • International treaties that curb the nuclear arms race;
  • International treaties limiting the buildup of armaments;
  • International treaties prohibiting the production and use of certain types of weapons;
  • International treaties aimed at suppressing and combating terrorism;
    and etc.

Collective security as an institution of international security law

Collective security system- a set of joint activities of states and international organizations to maintain international peace and security. Legally, the system of collective security is framed by international treaties.

Types of collective security systems

I. Universal or universal (provided by the UN charter)- this system is being created for all states of the world, regardless of in which part of the planet they are located. It is based on numerous universal treaties.

Main measures:

  • Peaceful means;
  • Coercive means (both armed and unarmed);
  • Use of regional organizations for their activities.

The UN may demand from the members of the organization what measures to apply to implement its decisions (severance of economic relations, means of communication, severance of diplomatic relations, etc.). All members of the UN, in order to contribute to the common cause, must place at the disposal of the UN the armed forces necessary to maintain peace and security.

II. Regional systems of collective security- is created and operates in a separate region of the globe. Regional systems of collective security have no right to resolve issues affecting the interests of the whole world and the interests of states located in other regions. They have the right to make decisions only regarding regional actions. (The admission of new states to the regional system of collective security is possible only with the consent of all the states of this system)
The UN Security Council must always be fully informed of the actions taken by the regional systems to maintain peace and security.

Disarmament and arms limitation

Disarmament is one of the key issues of international security law.

The main areas for cooperation in this area:

  • Nuclear disarmament - it is impossible to carry out test explosions in the atmosphere and outer space, under water, in any other environment, if such an explosion causes radioactive fallout;
  • Also, states possessing nuclear weapons must not transfer them to other states, and states that do not have nuclear weapons undertake not to accept them;
  • Prohibition of the production and elimination of certain types of weapons - it is forbidden to use asphyxiating, poisonous and other similar gases in war. It is forbidden to develop chemical and biological weapons;
  • Limitation of certain types of weapons - for example, the limitation of anti-missile defense systems, the elimination of intercontinental missiles, etc.;
  • Restriction of the territory for the placement of certain types of weapons - this direction implies that certain types of weapons cannot be located in a certain territory. For example, nuclear weapons and other weapons of mass destruction cannot be located at the bottom of the ocean;
  • Limitation and reduction of armed forces - provides for the existence of treaties that limit the number of armed forces (military equipment).

Confidence-building measures and the institution of international control

Confidence Building Measures- an institution of international security law, which is a set of norms that establish information and control measures in order to prevent, prevent a surprise attack, as well as ensure the disarmament process.

Confidence building can include:

  • Notifications about the launch of intercontinental missiles;
  • Notification of major strategic exercises;
  • Exchange of information about the military forces (in relation to the military organization, personnel, main weapons and equipment systems);
  • Information on plans for the deployment of weapons and equipment systems;
  • Information about the military budgets.