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The principle of conscientious fulfillment of obligations under international law. Fulfillment of international obligations in good faith 1 Fulfillment of international obligations in good faith

One of the most important principles of modern international law is the principle of conscientious fulfillment of international obligations under international law. This principle was preceded principle of compliance with international treaties- pacta sunt servanda, the emergence and development of which is closely connected with Roman law, and then with the emergence and development of interstate relations and international law.

The principle of faithful observance of international treaties has a long history. The conclusion of the first international treaties necessitated their implementation, since the violation of the obligations stipulated by international treaties would lead to instability in international relations. In the twentieth century, this principle acquired a new legal meaning - it extended its effect to other norms of international law.

At present, as a universally recognized norm of behavior of subjects, this principle is enshrined in the UN Charter, the preamble of which emphasizes the determination of UN members "to create conditions under which justice and respect for obligations arising from treaties and others can be observed". According to paragraph 2 of Art. 2 of the Charter, "All Members of the United Nations shall fulfill in good faith the obligations assumed under this Charter, in order to secure to them all in their entirety the rights and benefits arising from membership in the membership of the Organization." The content of this principle is revealed in the Declaration on Principles of International Law of 1970, which emphasizes that conscientious observance of the principles of international law concerning friendly relations and cooperation between states is essential for the maintenance of international law and security.

By virtue of principle of faithful observance of international treaties subjects of international law must fulfill the obligations arising from international law in good faith. The fulfillment of obligations must be carried out honestly and accurately. Only in this case, the fulfillment of international legal obligations can be qualified as conscientious. The state cannot evade the fulfillment of obligations arising from international legal norms, and cannot refer either to the provisions of internal law or to other circumstances as a reason for non-fulfillment or refusal to fulfill its obligations. A state may refuse to fulfill international legal obligations, but such a refusal should be carried out only on the basis of international law, which is reflected in the Vienna Convention on the Law of Treaties of 1969.

The importance of the principle of faithful observance of international obligations lies in the fact that it is the basis of international law, since without such a principle the validity of international law would be problematic. Due to its significance and role in the system of international law, this principle has acquired the imperative character of jus cogens.

The principle under consideration, as if completing the presentation of the basic principles of international law, originated and for a long time acted as the principle of compliance with international treaties - pacta sunt servanda ("treaties must be respected").

In the modern period, it has turned from a customary legal norm into a contractual norm, and its content has significantly changed and enriched.

The preamble of the UN Charter speaks of the determination of the peoples "to create conditions under which justice and respect for the obligations arising from treaties and other sources of international law" can be observed, and in paragraph 2 of Art. 2, the obligation of the members of the UN to conscientiously fulfill the obligations assumed under the Charter is fixed, "in order to ensure to all of them in the aggregate the rights and advantages arising from membership in the membership of the Organization."

An important step in the contractual consolidation of this principle was the Vienna Convention on the Law of Treaties of 1969. It notes that "the principle of free consent and good faith and the rule of pacta sunt servanda have received universal recognition." In Art. 26 establishes: "Each valid agreement is binding on its participants and must be fulfilled by them in good faith."

This principle was described in detail in the Declaration on Principles of International Law of 1970, in the Final Act of the CSCE in 1975 and in other documents.

The meaning of this principle lies in the fact that it is a universal and cardinal norm recognized by all states, expressing the legal obligation of states and other entities to comply with and fulfill the obligations assumed in accordance with the UN Charter, arising from the generally recognized principles and norms of international law and their corresponding international treaties. and other sources of international law.

The principle of conscientious fulfillment of international obligations serves as a criterion for the legitimacy of the activities of states in international and domestic relations. It acts as a condition for the stability and effectiveness of the international legal order, consistent with the legal order of all states.

With the help of this principle, the subjects of international law receive a legal basis to mutually demand from other participants in international communication the fulfillment of conditions related to the enjoyment of certain rights and the performance of relevant duties. This principle makes it possible to distinguish lawful activities from illegal, prohibited ones. In this aspect, it is clearly manifested as a peremptory norm of international law. This principle, as it were, warns states about the inadmissibility of deviation in the treaties they conclude from the cardinal provisions of international law, expressing the fundamental interests of the entire international community, and emphasizes the preventive function of jus cogens norms. The principle of conscientious observance of international obligations, linking peremptory norms into a single system of international legal prescriptions, is their integral part. However, if individual norms of jus cogens can be replaced by others on the basis of an agreement between states, then such a replacement is impossible in relation to this principle: its abolition would mean the elimination of all international law.

In developing this principle, it was envisaged that, in exercising their sovereign rights, including the right to determine their own laws and regulations, participating States would be consistent with their legal obligations under international law.

The essential features of the principle of conscientious fulfillment of international obligations are the inadmissibility of arbitrary unilateral renunciation of the undertaken obligations and legal liability for violation of international obligations, which occurs in the event of refusal to fulfill them or other actions (or inaction) of a party to the agreement that are illegal. Violation of international obligations raises the question of responsibility not only for deviation from the agreement, but also for infringement on the very principle of conscientious fulfillment of international obligations.

KOLOSOV

4. The principle of inviolability of state borders

The principle of the inviolability of state borders is one of the most important foundations for the security of European states.

The idea of ​​the inviolability of borders first received its legal form in the treaty between the USSR and the FRG of August 12, 1970, and then in the treaties of Poland, the GDR and Czechoslovakia

from Germany. Since that time, the inviolability of borders has become a norm of international law, legally binding on the states-participants of the above-mentioned treaties. These treaties express two essential elements: the recognition of existing borders and the renunciation of any territorial claims.

The principle of inviolability of borders was formulated in the Final Act of the Conference on Security and Cooperation in Europe in 1975: "The participating States regard as inviolable all the borders of each other, as well as the borders of all states in Europe, and therefore they will refrain now and in the future from any encroachment to these borders.

Encroachment on state borders are unilateral actions or demands aimed at changing the position of the border line, its legal registration or the actual position of the border line on the ground. Therefore, the recognition of this principle also means the renunciation of any territorial claims, that is, as the text of the principle goes on to say, states "will accordingly refrain from any demand or action aimed at the seizure or usurpation of part or all of the territory of any participating State" .

The CSCE participating States thereby expressed their recognition or confirmation of the existing borders of European states. This recognition is international legal, which entails certain legal consequences, in particular, this recognition cannot be cancelled. The international legal recognition of the de facto border is equated to an agreement between states regarding the existing border.

Thus, the main content of the principle of inviolability of borders can be reduced to three elements: 1) recognition of existing borders as legally established in accordance with international law; 2) renunciation of any territorial claims now or in the future; 3) renunciation of any other encroachment on these borders, including the threat or use of force.

The principle of the inviolability of borders has much in common with the traditional principle of international law - the inviolability of state borders. The content of the latter includes the obligation of states to observe the existing boundary line on the ground: to prevent arbitrary movement of the boundary line on the ground and its crossing without appropriate permission or outside the established rules. It also includes the right of every sovereign state to control the crossing of its border by people and vehicles.

The principle of inviolability of borders and the principle of inviolability of borders differ in the geographical scope of their application. The principle of inviolability of borders, according to the Final Act of 1975, is valid only in the relations of the states - participants of this act, that is, the European states, as well as the USA and Canada. The principle of inviolability of frontiers has a wider scope, since it is a principle of general international law and is valid on all continents, whether or not there are special agreements on this issue.

6. The principle of peaceful settlement of international disputes

According to paragraph 3 of Art. 2 of the UN Charter, "All Members of the United Nations shall settle their international disputes by peaceful means in such a manner as not to endanger international peace and security and justice." The evolution of the principle of peaceful settlement of international disputes is marked by a series of international treaties and agreements which, as they limited the right to resort to war, gradually developed the means of peaceful settlement of international disputes and established the legal obligation of states to use such means.

General international law previously only encouraged states to resort to peaceful means of resolving international disputes, but did not oblige them to follow this procedure. Article 2 of the 1907 Hague Convention for the Peaceful Settlement of International Disputes did not prohibit recourse to war ("before resorting to arms"), did not oblige recourse to peaceful means ("recourse as far as circumstances permit"), and recommended a very narrow range of peaceful means (Good services and mediation).

In accordance with Art. 33 of the Charter of the United Nations, the parties to a dispute "shall first of all endeavor to resolve the dispute by negotiation, inquiry, mediation, conciliation, arbitration, litigation, recourse to regional bodies or agreements, or other peaceful means of their choice."

In accordance with modern concepts of international law, states are obliged to resolve their disputes only by peaceful means. At international conferences, representatives of some countries sometimes resort to arbitrary interpretation of the UN Charter in order to prevent the inclusion of the word "only" in the formulation of the principle. At the same time, they argue that the Charter does not so much fix the provision that disputes must be resolved by peaceful means, as it requires that the peace and security of states should not be endangered in the settlement of international disputes.

However, the provisions of the Charter say otherwise. The general provision of paragraph 3 of Art. 2 applies to all disputes, including those whose continuation may not endanger international peace. According to paragraph 1 of Art. 1 of the Charter, international disputes must be resolved in accordance with the principles of "justice and international law". In the opinion of most States, the references in the Charter to justice merely emphasize that peaceful means are indispensable for the resolution of any international dispute.

The Charter of the United Nations leaves the parties to a dispute free to choose such peaceful means as they deem most appropriate for the resolution of the dispute. The practice of discussing this issue at international conferences shows that many states in the system of peaceful means prefer diplomatic negotiations, through which most disputes are resolved.

Direct negotiations best meet the task of quickly resolving an international dispute, guarantee the equality of the parties, can be used to resolve both political and legal disputes, best contribute to the achievement of a compromise, make it possible to begin to resolve the conflict immediately after it occurs, allow preventing the escalation dispute to such an extent that it could threaten international peace and security.

At the same time, the development of international relations, especially in recent years, is marked by the desire of states to go beyond negotiations and create other acceptable means of resolving disputes, which would be based on recourse to third parties or international bodies. Often this raises questions related to the role of the International Court of Justice.

Attempts by some Western states to fix the mandatory jurisdiction of the International Court of Justice, as a rule, meet with a sharp rebuff from many states. These states consider the jurisdiction of the Court optional, and this position is exactly in line with Art. 36 of the Statute of the Court, according to which states can (but are not required to) make a declaration that they are bound by the jurisdiction of the International Court of Justice. The vast majority of States have not yet recognized the jurisdiction of the Court as compulsory.

An analysis of the principle of peaceful settlement of international disputes, enshrined in the Declaration on Principles of International Law of 1970 and the Final Act of the CSCE, shows that, despite resistance, a number of important provisions have been upheld, which, undoubtedly, are a further development of the relevant provisions of the UN Charter.

These include the duty of states to "make efforts to arrive at a just solution based on international law in a short time", the duty to "continue to seek mutually agreed ways of peaceful settlement of the dispute" in cases where the dispute cannot be resolved, "to refrain from any action likely to aggravate the situation to such an extent as to jeopardize the maintenance of international peace and security and thereby make a peaceful settlement of the dispute more difficult."

The normative content of the principle of peaceful settlement of international disputes in recent years has been the subject of careful analysis at the meetings of CSCE experts on the peaceful settlement of disputes. Thus, the Valletta Conference (Malta, 1991) recommended the parameters of a pan-European system for the peaceful settlement of international disputes. The final document of the Conference provides for the creation in Europe of a special body - the "CSCE Dispute Settlement Mechanism", which can be used at the request of any of the disputing parties and acts as a conciliatory body. In addition, the document recommends a wide range of mandatory and optional procedures, from which the disputing parties are free to choose those that they consider most suitable for resolving a particular dispute.

The mandatory procedures recommended by the Meeting do not apply if one of the disputing parties considers that the dispute involves questions of "territorial integrity or national defense, the right to sovereignty over land or simultaneous claims to jurisdiction over other areas ..."

In general, it can be considered that recent years have been marked, on the one hand, by an increase in the share of peaceful means of resolving international disputes, and, on the other hand, by the constant desire of states to bring the normative content of the principle in line with the needs of social practice.

8. The principle of universal respect for human rights

The formation of the principle of universal respect for human rights and fundamental freedoms for all as one of the main international legal principles dates back to the post-war period and is directly related to the adoption of the UN Charter, although the very concept of human rights appeared in political and legal terminology from the end of the 18th century and is associated with era of bourgeois revolutions.

In the preamble to the Charter, UN members reaffirmed "faith in fundamental human rights ... in the equality of men and women ..." In Art. 1 states as the purpose of the Members of the Organization co-operation among them "in the promotion and development of respect for human rights and fundamental freedoms for all without distinction as to race, sex, language or religion". The most important is Art. 55 of the Charter, according to which "The United Nations shall promote: (a) the improvement of the standard of living, the full employment of the population and the conditions for economic and social progress and development; ... (c) universal respect for and observance of human rights and fundamental freedoms for all..." In Art. Article 56 provides that "all Members of the Organization undertake to take joint and independent action in cooperation with the Organization to achieve the goals specified in Article 55".

It is easy to see that the obligations of states are set out here in the most general form, therefore, from the moment the Charter was adopted to the present day, states have sought to specify the normative content of the principle of universal respect for human rights. This is done with the greatest completeness and universality in the Universal Declaration of Human Rights of 1948 and two covenants adopted in 1966: the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights.

An analysis of numerous international human rights documents shows that there is a universal norm in modern international law, according to which states are obliged to respect and observe human rights and fundamental freedoms for everyone, without distinction of race, sex, language and religion.

This obligation is universal. This means that human rights and freedoms are subject to observance in all states and apply to all persons without any discrimination. At the same time, the goal of international cooperation in this area is not the unification of national legislation, but the development of standards (models) that serve as a kind of starting point for states to develop their own national legislation.

Thus, the direct regulation and protection of human rights and freedoms still remain an internal affair of each state. The overwhelming majority of international human rights norms cannot be applied directly on the territory of the state and require certain steps from it for its implementation. The provisions of, for example, the Covenants on Human Rights directly require the state to take measures, including legislative measures, to ensure individuals the rights provided for by the Covenants.

As a rule, international documents do not determine how the state will fulfill its obligations. At the same time, the standards of conduct contained in international documents, to a certain extent, bind the freedom of behavior of states in the sphere of national legislation. Moreover, analysis of the development of the normative content of the principle of universal respect for human rights shows that the individual is gradually becoming a direct subject of international law.

First of all, we are talking about gross and massive violations of human rights, when the internal political situation that has developed in a particular country allows us to speak of "systematic, reliably confirmed gross violations of human rights and fundamental freedoms" (ECOSOC resolution 1503 of May 27, 1970). Phenomena such as genocide, apartheid, racial discrimination, etc., have already been qualified by the international community as international crimes and, therefore, cannot be considered as cases falling within the internal jurisdiction of the state.

Modern international law encourages the individual to become more and more actively involved in the struggle for the observance of international human rights standards. For example, the Final Document of the CSCE Meeting in Vienna instructs states to "respect the right of their citizens, independently or jointly with others, to make an active contribution to the development and protection of human rights and fundamental CSCE and join others to this end."

The Document of the CSCE Copenhagen Meeting obliges the state to “ensure that individuals are allowed to exercise the right of association, including the right to form, join and participate effectively in the activities of non-governmental organizations which seek to promote and protect human rights and fundamental freedoms, including trade unions and watch groups for observance of human rights".

9. The principle of self-determination of peoples and nations

Unconditional respect for the right of every nation to freely choose the ways and forms of its development is one of the fundamental foundations of international relations. This right is reflected in the principle of self-determination of peoples and nations.

The emergence of the principle of self-determination of peoples was preceded by the proclamation of the principle of nationality, under the flag of which the economically and politically strengthened bourgeoisie fought against dying feudalism. However, the principle of nationality did not become dominant even in international law of the era of bourgeois revolutions, since it assumed self-determination only on the basis of nationality. The content of the principle of self-determination varied depending on the historical situation. There was a time when self-determination was reduced to the problem of the formation of independent nation-states, since nations historically developed after states. The desire of the nation to form its own state, therefore, is associated with a specific stage of social development.

The principle of self-determination of peoples and nations as a mandatory norm was developed after the adoption of the UN Charter. One of the most important goals of the UN is "to develop friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples..." (clause 2, article 1 of the Charter). This goal is specified in many provisions of the Charter. In Art. 55, for example, it is closely associated with the task of raising the standard of living, solving international problems in the economic and social fields, in the areas of health, education, culture, observance of human rights, etc.

The principle of self-determination has repeatedly been confirmed in UN documents, in particular in the Declaration on the Granting of Independence to Colonial Countries and Peoples of 1960, the Covenants on Human Rights of 1966, and the Declaration on the Principles of International Law of 1970. The Declaration of Principles of the Final Act of the CSCE emphasizes the right of peoples to decide their own destiny. After the collapse of the colonial empires, the question of the self-determination of nations in the sense of the formation of independent national states was basically resolved.

At the same time, even today the principle of self-determination is the main one in solving the problems of colonial and dependent peoples, which are mentioned in Chapters XI-XIII of the UN Charter, since the subjects of self-determination are not states, but peoples and nations.

In resolution 1514 (XV) of December 14, 1960, the General Assembly explicitly stated that "the continued existence of colonialism impedes the development of international economic cooperation, retards the social, cultural and economic development of dependent peoples, and runs counter to the ideal of the United Nations, which is peace in the world." ". According to the same resolution and many other UN documents, lack of political, economic and social preparedness or insufficient preparation in the field of education should not be used as a pretext for denying independence.

The UN documents express the main normative content of the principle of self-determination. Thus, the Declaration on Principles of International Law of 1970 emphasizes: "The creation of a sovereign and independent state, free accession to an independent state or association with it, or the establishment of any other political status freely determined by a people, are forms of the exercise by this people of the right to self-determination."

The right of national self-determination does not disappear if the nation has formed an independent state or joined a federation of states. The subject of the right to self-determination is not only dependent, but also sovereign nations and peoples. With the achievement of national independence, the right to self-determination only changes its content, which is reflected in the relevant international legal norm.

The modern normative content of self-determination includes both the rights of peoples and the corresponding duties of states. Thus, the right of peoples to freely, without any outside interference, determine their political status and pursue economic, social and cultural development corresponds to the obligation of states not only to respect this right, but also to promote it through joint and individual actions.

Without strict respect for and observance of the principle of self-determination of peoples, it is impossible to fulfill many of the vital tasks facing the UN, such as the task of promoting universal respect for and observance of human rights and fundamental freedoms for all, without distinction of race, sex, language and religion. Without strict observance of this principle, it is also impossible to maintain relations of peaceful coexistence between states. Every state, in accordance with the 1970 Declaration, is obliged to refrain from any violent action that could prevent peoples from exercising their right to self-determination. An important element of the principle is the right of peoples to seek and receive support in accordance with the purposes and principles of the UN Charter in the event that they are deprived of the right to self-determination by force.

The principle of self-determination of peoples and nations is a right of peoples and nations, but not an obligation, and the implementation of this right can be multivariate. Self-determination should not be carried out from separatist positions to the detriment of the territorial integrity and political unity of sovereign states. On the other hand, if the people create a body that officially represents them and performs public law functions, then any violent actions that impede the process of self-determination from the outside can be considered as violating the principles of non-intervention and the sovereign equality of states.

The right of peoples and nations to self-determination is closely connected with the freedom of political choice. Self-determined peoples freely choose not only their domestic political status, but also their foreign policy orientation. Respect for freedom of political choice becomes the foundation of cooperation, not rivalry and confrontation. Related to this, in particular, is the right of the newly-free states to pursue a policy of non-alignment, to participate in solving both global and regional problems. Self-determination means the right of peoples to choose the path of development that best suits their historical, geographical, cultural, religious (etc.) traditions and ideas.

10. The principle of cooperation

The idea of ​​international cooperation of states, regardless of differences in their political, economic and social systems in various spheres of international relations in order to maintain international peace and security, is the main provision in the system of norms contained in the UN Charter.

After the adoption of the UN Charter, the principle of cooperation was fixed in the charters of many international organizations, in international treaties, numerous resolutions and declarations.

Representatives of some schools of international law argue that the obligation of states to cooperate is not legal, but declarative. Such statements no longer correspond to reality. Of course, there was a time when cooperation was a voluntary act of state power, but subsequently the requirements of developing international relations led to the transformation of a voluntary act into a legal obligation.

With the adoption of the Charter, the principle of cooperation has taken its place among other principles that must be observed under modern international law. Thus, in accordance with the Charter, states are obliged "to carry out international cooperation in resolving international problems of an economic, social, cultural and humanitarian nature", and are also obliged "to maintain international peace and security and to this end take effective collective measures."

The principle of cooperation as a legal category also follows from other provisions of the Charter, in particular from the provisions of Art. 55 and 56. For example, the content of Art. 55 testifies to two types of duties of UN members: the duty of states to cooperate with each other in achieving the goals provided for by the Charter, and their duty to cooperate with the UN to achieve the same goals.

Of course, the specific forms of cooperation and its scope depend on the states themselves, their needs and material resources, domestic legislation and international obligations assumed. However, an analysis of political and legal documents reflecting the intentions of states (such as the 1970 Declaration and the Declaration of Principles of the Final Act of the CSCE) shows the desire of states to give the principle of cooperation a universal character.

The obligation of all states to act in accordance with the principles of the United Nations clearly implies their obligation to cooperate in solving various international problems "as may be necessary for the maintenance of international peace and security."

The obligation of states to cooperate with each other, naturally, implies conscientious observance by states of the norms of international law and the UN Charter. If any state ignores its obligations arising from the universally recognized principles and norms of international law, then this state thereby undermines the basis of cooperation.

11. The principle of conscientious fulfillment of international obligations

The principle of conscientious fulfillment of international obligations arose in the form of the international legal custom pacta sunt servanda in the early stages of the development of statehood, and is currently reflected in numerous bilateral and multilateral international agreements.

As a generally recognized norm of behavior of subjects, this principle is enshrined in the UN Charter, the preamble of which emphasizes the determination of UN members "to create conditions under which justice and respect for obligations arising from treaties and other sources of international law can be observed." According to paragraph 2 of Art. 2 of the Charter, "All Members of the United Nations shall fulfill in good faith the obligations assumed under this Charter, in order to secure to them all in their entirety the rights and benefits arising from membership in the membership of the Organization."

The development of international law clearly confirms the universal nature of the principle in question. According to the Vienna Convention on the Law of Treaties, "every treaty in force is binding on the parties to it and must be performed by them in good faith." Moreover, "a party may not invoke the provisions of its internal law as an excuse for its non-performance of a treaty".

The scope of the principle under consideration has noticeably expanded in recent years, which is reflected in the wording of the relevant international legal documents. Thus, according to the Declaration on the Principles of International Law of 1970, each state is obliged to fulfill in good faith the obligations assumed by it in accordance with the UN Charter, obligations arising from generally recognized norms and principles of international law, as well as obligations arising from international treaties valid in accordance with generally recognized principles. and norms of international law.

The authors of the declaration sought to emphasize the need for faithful observance, above all, of those obligations that are covered by the notion of "generally recognized principles and norms of international law" or follow from them.

In the Declaration of Principles of the 1975 CSCE Final Act, the participating States agreed "to fulfill in good faith their obligations under international law, both those obligations which arise from generally recognized principles and norms of international law, and those obligations which arise from treaties or other agreements consistent with international law. of which they are members."

Obligations "under international law" are certainly broader than obligations "following from the universally recognized principles and norms of international law." In addition, in recent years States have adopted, in particular at the regional level, important instruments which, strictly speaking, are not their obligations "under international law", but which they nonetheless intend to comply with strictly.

For Europe, these are documents adopted within the framework of the Helsinki process. The Final Document of the Vienna Meeting of representatives of the CSCE participating States states that they "reaffirmed their determination to fully implement, unilaterally, bilaterally and multilaterally, all the provisions of the Final Act and other documents of the CSCE."

Different legal and socio-cultural systems have their own understanding of good faith, which directly affects the observance by states of their obligations. The concept of good faith has been enshrined in a large number of international treaties, resolutions of the UN General Assembly, in declarations of states, etc. However, it should be recognized that determining the exact legal content of the concept of good faith in real situations can be difficult.

It seems that the legal content of good faith should be derived from the text of the Vienna Convention on the Law of Treaties, mainly the sections "Application of Treaties" (Articles 28-30) and "Interpretation of Treaties" (Articles 31-33). The application of the provisions of the treaty is largely determined by its interpretation. From this point of view, it is logical to assume that the application of the treaty, which is construed in good faith (in accordance with the usual meaning to be given to the terms of the treaty in their context, and also in the light of the object and purpose of the treaty), will be in good faith.

The principle of conscientious fulfillment of international obligations applies only to valid agreements. This means that the principle in question applies only to international treaties concluded voluntarily and on the basis of equality.

Any unequal international treaty first of all violates the sovereignty of the state and as such violates the UN Charter, since the United Nations is "founded on the principle of the sovereign equality of all its Members", which, in turn, have undertaken to "develop friendly relations among nations on the basis of respect principle of equality and self-determination of peoples".

It should be considered generally accepted that any treaty that is contrary to the UN Charter is null and void, and no state can invoke such a treaty or enjoy its benefits. This provision is in line with Art. 103 of the Charter. In addition, any treaty cannot be contrary to a peremptory norm of international law, as defined in Art. 53 of the Vienna Convention on the Law of Treaties.

Recent legal and political-legal documents increasingly point to the link between the duty of conscientious observance of international treaties and the internal rule-making of states. In particular, the participants in the Vienna Meeting in the 1989 Outcome Document agreed to "ensure that their laws, regulations, practices and policies are consistent with their obligations under international law and are harmonized with the provisions of the Declaration of Principles and other CSCE commitments."

Formulas of this kind testify to the expansion of the scope of application of the principle of conscientious observance of international obligations.

The development of statehood and the conclusion of agreements between them led to the formation of legal customs. With the improvement in this area, the principle of conscientious fulfillment of international obligations was developed.

General concepts

The foundations of interaction between countries began to take shape at the stage of formation of state systems. Serious progress in the issue of relations in the field of legal international agreements occurred in the twentieth century. This is due primarily to world wars and, as a result, changes in the international political arena.

But the first significant breakthrough was made as early as 1871 during the London Conference. It was then that the participating countries consolidated the principle of the impossibility to unilaterally release themselves from their obligations to implement the international treaty that they signed. This can be done only with the consent of the parties in the course of a friendly agreement.

If earlier such a principle was related to customary legal norms, now it is to contractual ones. In accordance with it, states voluntarily undertake obligations to fulfill in good faith the clauses of international agreements in which they participate. If they have a need to establish domestic laws and regulations, then these must be consistent with state obligations in the field of international law. That is, the principle plays the role of a kind of guarantor of legal stability within a number of countries.

The foundations of the principle are enshrined in the preamble of the UN Charter, which spells out the obligation of all members of the Organization to take a responsible approach to fulfilling the obligations assumed under the Charter. If countries participate in other international agreements, the terms of which conflict with the main document of the UN, then the primacy is assigned to the Charter.

The effectiveness of the introduction of the principle is expressed in the following:

  • The involved entities receive an individual legal basis to require other participants to comply with the norms prescribed in international agreements.
  • Activities within legal frameworks receive protection from illegal acts.
  • The legislative guidelines of different countries are woven into uniform norms of an imperative nature.

International obligations must be fulfilled in good faith, otherwise it will entail negative consequences

In case of violation of these obligations, liability is assumed. And this means that punishment will follow not only for a specific offense, but also for a departure from the above norms.

Legal basis

In addition to the UN Charter, the main provisions relating to good faith performance have been recorded in the following documents:

  • Vienna Convention, which was concluded in May 1969 (Article 26). According to this act, all existing international treaties are binding on the participants.
  • Declaration on the Fundamental Principles of Law, adopted in September 1970 at the plenary session of the UN General Assembly.

If we talk, for example, about Russia, then the norms for the implementation of international agreements are enshrined in the Federal Law No. 101, adopted in 1995. And their implementation is controlled by the Russian Federal authorities, personally by the President of the country and the Ministry of Foreign Affairs.

General international control is expressed in the fact that it must be ensured by all member states through the creation of special control bodies.

Parties to obligations

The subjects of international legal relations are entities that have an independent status and are endowed with rights and obligations in this area. These parties include:

  • State formations.
  • Interstate structures.
  • Peoples and nations that are in the process of becoming independent and creating their own state.

The need for conscientious fulfillment of obligations is interpreted by law

To become a full-fledged party of international legal personality, the following features are required:

  • The party must be a collective entity.
  • The subject necessarily has the rights and obligations that are a consequence of the existence of international legal norms.
  • He is directly involved in the creation of international legal acts.

If at least one of the above signs is absent, this means that one cannot speak of full international legal personality.

Subject Responsibilities

Analyzing the main principles presented above for the conscientious fulfillment of obligations under international law, we can single out the most obvious obligations of the participating parties:

  • Implementation of the norms of adopted international agreements accurately and without delay.
  • Control over the comprehensive fulfillment of obligations by other entities.
  • Direct participation in the adoption of legislative acts in the international sphere.

This principle was affirmed along with international law, and it is in it that the source of the legal force of the WFP lies, since the only way to create legally binding norms for sovereign states is their agreement. The 1970 Declaration contains a hierarchy of obligations: obligations under the UN Charter; obligations arising from the generally recognized principles and norms of WFP; obligations under contracts valid in accordance with these principles and norms. The Final Act of 1975 added to this understanding of principle the provision that, in exercising their sovereign rights, including the right to determine their own laws and regulations, States must comply with their obligations under international law. In accordance with this, the Law on International Treaties of the Russian Federation of 1995 states: “The Russian Federation stands for strict observance of treaty and customary norms, confirms its commitment to the fundamental principle of international law - the principle of conscientious fulfillment of obligations under international law.”

23. The concept and codification of the law of international treaties.

The right of international dog-ditch-scoop-st of international-rights. The norms governing the relations of state-in and other subjects of international law regarding the conclusion of an agreement and the termination of an international dog-ditch and determining the procedure for the participation of state-in in the dog process.

Sources: 1. int.-right. Custom.2.int. Conv. On the Law of International Dogs 1969, Vienna Conv. on the right of dog-ditch between the state-you and the international. org-tions or between international org-tions 1986

Dr.- this is a m / n agreement concluded by the state in writing and regulated by the MP, regardless of whether such agreement is contained in the 1st document or several, regardless of its specific name ( article 2, 1969).

24. International treaty: concept, types, principles, forms of international treaties.

An international treaty is an agreement between the subjects of WFP regarding the establishment, modification or termination of their mutual rights and obligations. In the past, the treaty played an important role in the formation of international law. International treaties are divided into general international conventions, in which all states participate or can participate and which contain such norms that are binding on the entire world community, i.e. common law; and special treaties, which include treaties with a limited number of parties, for which the provisions of these treaties are binding. A characteristic feature of modern international law is the growth in the number and role of multilateral treaties. Over 200 of them were signed within the UN alone.



Types of m\n d-ditch:

1. from the number of participating entities:

1) double-sided (2 sides); 2) multilateral (3 or more entities). Kinds:

Open Doctors - any MP subject can participate and can join at any time. No need for a vote. -closed - m. to join t. with the consent of the original participants of this dr.

Multilateral depending on interests:

Universal (in the interests of everyone, any state); -regional (for the state-in the defined region).

2. according to the object of regulation:

1) political; 2) economic; 3) on special issues.

Dr. Forms- these are ways and means, with the help of which the coordinated will of the subjects of the MP acquires the x-r of explicit consent:

1. oral (gentlem's agreement); 2. written - page:

Name; - preamble, in which the purpose of Dr. is stated; -main part;

Final part, the conditions for the entry into force of Dr.; language of compilation; -signatures of the parties;

Additional protocol supplementing or changing dr. This is an independent dr.

The pact is a military-political treaty.

The agreement is an intergovernmental agreement on economic issues.

The Convention is an agreement on technical (procedural!) issues.

Cartel - an agreement on the extradition of criminals and prisoners of war.

Concordat - an agreement concluded with the Vatican.

25. Parties to international treaties. The right to participate in international treaties.

International treaties do not create rights and obligations or rights for third states without their consent. However, states not parties to the treaty may apply its provisions as customary rules of international law.

Parties to treaties can be both states and international organizations. Sometimes agreements are concluded with the participation of persons who are not subjects of international law (for example, an intergovernmental agreement in which, in addition to states, a large enterprise participates). Such treaties are international legal in terms of relations between subjects of international law, in terms of relations between the state and the enterprise; the rules fixed in the contract are of a private law nature.

26. Stages of conclusion of international treaties.

Stages of conclusion of the contract: 1. preparation and adoption of the text of the contract; 2. establishing the authenticity of texts; 3. expression of agreement of the parties on the obligations of the contract. The conclusion of a contract is preceded by a contractual initiative. Authorized and empowered. The legislation of the state and the rules of the m / n organization determine which bodies can conclude contracts on their behalf. And these bodies authorize persons to sign. The preparation of the text of the treaty is carried out through negotiations through diplomatic channels, at m/n conferences and in m/n organizations. The UN has an MP Commission which prepares draft M/N norms. The adoption of the text of the treaty has different forms - signing the text or initialing. In m / n organizations, the adoption takes place by a vote of 2/3 of the votes, unless otherwise provided. Establishing the authenticity of the text of the contract means that this text is genuine and reliable. After that, the contract is not subject to change, according to Art. 10 of the Vienna Conventions of 1969 and 1986, by conditional signature (ad referundum), initialing or conclusion of the act of the conference containing this text.

27. Ways of expressing consent to be bound by international treaties.

After signing the contract, the state expresses its consent to the obligation for this contract, which may be signing, exchanging documents constituting the contract, ratification, an act of official confirmation, approval, acceptance, approval, accession to the contract, which is indicated in Art. 11 of the 1969 and 1986 Vienna Conventions. Signing - carried out in the order of alternatives - each in his copy puts a signature on the right or on top. Article 18 of the Vienna Convention of 1969 and 1986 indicates that if signature precedes ratification, approval or approval, then states and m / n organizations should refrain from actions that would deprive the treaty of its object and purpose. Ratification is one of the ways of expressing consent, and is usually carried out by the highest body of state power - parliament or the head of state. The 1969 Convention states that those treaties are ratified on which the state agreed in advance. Approval, acceptance, approval are also ways of expressing consent. They are applied if the parties so agree and are carried out by that state. authority on behalf of which the contract was concluded. Accession - the state did not participate, but later joined. May be in the form of ratification, approval, acceptance or approval, as defined in this treaty or nat. legislation. It is also possible to express consent by exchanging documents (notes or letters) constituting the contract.

28. Reservations to international treaties.

In Art. 2 of the Vienna Convention states that reservations are unilateral declarations made by a subject of the IL in any wording and under any name upon signature, ratification, confirmation, acceptance, approval or accession, by which these subjects wish to exclude or change the legal effect of certain provisions of the treaty in their application to given state or organization. Reservations are prohibited unless they are compatible with the object or purpose of the treaty. A reservation, an objection to a reservation and consent to it shall be made in writing. The State has the right to withdraw the reservation in the future. Ratification is an act of official confirmation. The depositary is the custodian of the original text of the treaty, i.e. the authentic text. One or more states or m / n org can be assigned. or chief official of this org-tion. Registration - UN Charter Art. 102 indicates that contracts must be registered as soon as possible, the state cannot refer to unregistered contracts. Only one party can register, sending the contract to the UN Secretariat, the rest of the states do not need to register. These treaties are published by the UN Secretariat in the "Treaty series". An international treaty that has entered into force with the participation of the Russian Federation must be published in the Collection of Legislation of the Russian Federation.

Depository of an international treaty.

At the conclusion The multilateral Dr. arose the need to appoint a depositary - one or more states, an international organization, a main debt. the face of such an organization.

Depository functions: 1.store. the original text of Dr. and powers. and storage of documents related to dog-ru.4. Contract.in force.5.registration.do.6.etc.

International Doctors of State in the UN accounts are subject to registration with the UN Secretariat. International Doctors may be registered. In other international org-tions, but if they are not registered. In the UN, states will not be able to refer to them in one of the UN bodies. The UN Secretariat publishes registered doctors. Intrastate pulikation-promulgation. tv-st before national courts.

29. The effect of international treaties in time: their entry into force. Termination, suspension and restoration of the contract.

Only after the entry into the contract has legal consequences for the participants. The principle of Pacta san servanda is described in Art. 26 of the Vienna Convention 1969, 1986, that the contract is binding on the parties and must be performed in good faith. I enter from the date of signing, from the date of ratification or from the date indicated in the treaty itself. If the date of entry is not indicated, then it enters at the time of signing. Temporary application of an agreement - usually refers to agreements provided for ratification, and is possible only if it is provided for in the agreement or the parties have discussed this possibility, which is enshrined in Art. 25 of the Vienna Convention (Treaty on delimitation in the Bering Sea 1990 of the Russian Federation and the USA). Actions of the contract in time, space and subjects. The term of the contract is negotiated, the extension of the contract is called prolongation, if the term is not specified, then the contract is indefinitely. Each treaty has a territorial and spatial scope. Art. 29 - the agreement is valid throughout the territory of the participants. Also, the territory of action may be other than the territory of the state - the Antarctic Treaty of 1959, on the Moon of 1967. The action on the subject implies that, as a rule, the treaty does not create rights and obligations for third parties. Sometimes the rights and obligations of the contract can be extended to 3 countries, which is determined by a special provision that specifies the conditions for implementation. But basically, as stated in Article 35, obligations can apply to 3 parties only if provided by the parties to the contract and if the 3rd party accepts obligations in writing. In Art. 36 states that the rights of the contract may be used by third parties if it is provided for and the 3rd party agrees in writing. The contract may indicate that its rights are used only by those 3 parties that comply with certain conditions. The rights and obligations that apply to 2 parties cannot be changed without the consent of the 3rd party, unless otherwise provided by the contract itself. If there is a conflict between a new and an old treaty on the same issue, it is usually specified in the treaty itself, as the UN Charter states that it takes precedence over other international agreements. This provision is described in Art. 30. By concluding an agreement, its participants provide that the application of the agreement is conditioned by the previous or subsequent agreement, or indicate compatibility (Vienna Con. “On Consular Relations”, 1963). If the parties to the old treaty are also parties to the new agreement, then the previous one will apply to the extent that they are compatible. If not all are parties to the previous agreement, then both, to a compatible extent, apply to the participants in the old and new agreements, and if the participant did not participate in the old agreement, then between the participant in the old and new agreement and the participant only in the new one, the new one applies.

30. Validity of international treaties. Absolute and relative invalidity.

M \ n dr is recognized as valid if: 1.subjects concluding Dr. have the authority to do so; 2. in the Dr., the true will of Mrs. is concluded; 3.contents of Dr. resp. pr-pam MP. Dr. invalidated: 1. An error has been made in relation to a fact or situation, which Mr. considered significant in the interest. at the time of Dr.'s imprisonment, and which formed the basis of his consent to be bound by Dr.; 2. if Dr. is imprisoned under the influence of deceit, i.e. Mr. b. forced to close Dr. through the fraudulent actions of other state-va; 3. corruption or bribery of the representative of the city; 4. forcing Mr. to sign Dr. by threatening or using force; 5.it contradicts pr-pam MP. Types of invalidity: 1. negligible (resistance-t pr-pam)%; 2.relative invalidity. M. b. invalid in whole or in part. If, according to an invalid Dr., already being implemented, c.-l. actions, then the interested party has the right to demand from other participants of the Dr. to create a situation that exists before the implementation of these actions.

31. International organizations: concept, features, classification, role and significance in the modern world.

In the modern world, there are two main types of international organizations: interstate (intergovernmental) and non-governmental organizations.

The main feature non-governmental international organizations is that they are not created on the basis of an international treaty and unite individuals and / or legal entities (for example, the Association of International Law, the League of Red Cross Societies, the World Federation of Scientists, etc.)

International intergovernmental organization is an association of states established on the basis of an international treaty to achieve common goals, having permanent bodies and acting in the common interests of the member states while respecting their sovereignty. Organizations of this kind are subjects of international law. Thus, the main features of intergovernmental organizations are:

* membership of three or more states;

* the presence of a constituent international treaty;

* the presence of permanent bodies and headquarters;

* respect for the sovereignty of member states;

* non-interference in internal affairs;

* establishing the procedure for making decisions and their legal force.

International organizations are classified according to other criteria. By circle of participants international interstate organizations are divided into universal, open to the participation of all states of the world (for example, the UN), and regional, whose members may be states of the same region (eg Organization of African Unity, Organization of American States).

By area of ​​issues covered in decisions interstate organizations are subdivided into organizations general And special competencies. The activities of organizations of general competence affect all spheres of relations between member states: political, economic, social, cultural, etc. (e.g. UN, OAU, OAS). Organizations of special competence are limited to cooperation in one special area (for example, the Universal Postal Union, the International Labor Organization, etc.) and can be divided into political, economic, social, cultural, scientific, religious, etc.

By the nature of powers distinguish interstate And supranational (supranational) organizations. The first group includes the vast majority of modern international organizations, the purpose of which is to expand interstate cooperation. The goal of supranational organizations is integration. Their decisions apply directly to citizens and legal entities of the Member States (the European Union approaches this type of organization).

In accordance with the order of entry organizations are divided into open(free entry and exit) and closed(Admission to membership is subject to the consent of the original founders). From this point of view, international organizations belonging to the second group numerically predominate.

33. History of creation, principles and goals of the UN. main organs of the United Nations.

The creation of the UN became possible as a result of the efforts of the states in the fight against the fascists and an important step in this was the Moscow Conference of the Ministers of Foreign Affairs of the SSR, the USA and Great Britain, as well as with the participation of the Ambassador of China, which adopted on October 30, 1943 / o, which indicated the need to create an m / n org to maintain peace. Also significant growth was played by Tehran 1943, Dumbarton Oaks (near Washington) - a draft UN Charter was developed, the Crimean Conference - the voting procedure of the UN Security Council. The UN Charter was adopted in San Francisco and entered into force on October 24, 1945. Objectives: 1) maintaining peace and security; 2) development of friendly relations; 3) cooperation in solving economic and other problems and human rights and freedoms; 4) To be the center for coordinating the actions of nations in achieving these common goals. Art. 2 UNPO principles: 1) sovereign equality; 2) conscientious fulfillment of obligations; 3) settlement of disputes amicably; 4) rejection of the threat or use of force against the territorial integrity or political independence of any state; 5) help from the UN and refusal to help the state to which the UN has taken preventive measures. The charter also reflects other principles: 1) good neighborly relations; 2) joint actions of states to maintain peace and b / o; 3) Disarmament; 4) equality and self-determination of peoples.

General Assembly (supreme body; considers special reports; develops recommendations), Security Council (peacekeeping: resolution of disputes; make recommendations), Economic and Social Council of the United Nations (helps raise living standards; resolve problems composition of 54 elected members General Assembly for 3 years), Trusteeship Council (under the leadership of the General Assembly; created to manage those territories that are included in the UN agreements), Inter. Court (the main judicial body of the UN 15 judges elected by the General Assembly and the Security Council for 9 years; the jurisdiction of the court includes all cases referred to it by the parties (states), the Secretariat (serves UN bodies and manages their programs; conducts research, organizes conferences, controls the implementation of decisions;), UN Children's Fund (providing assistance for children's health and rights) Commissions (preparation of conventions..development of principles), United Nations University (operates through a global network of educational institutions, trains specialists - based in Tokyo).

34. UN General Assembly. Its structure, functions, working order and legal nature of resolutions.

The General Assembly is an international forum in which all UN members are represented by 5 representatives (maybe less). Considers any issues within the UN Charter and makes its recommendations to a member state or the Security Council. Except functions of consideration of problems as: 1) maintenance of the world and/o; 2) development of friendly relations; 3) assistance in the development of economy. and other relations, elect: 1) some members of the Security Council; 2) together with the Security Council elect the judges of the MC; 3) on the recommendation of the Security Council appoints the UN Secretary General; 4) accept new members; 5) the UN budget. Receives and considers annual and special reports, discusses any issues within the UN Charter and makes recommendations. Gathers annually for a regular session on the third Tuesday of September (there are special sessions - convening at the request of the Security Council or a majority of members - convening within 15 days; emergency sessions - within 24 hours). Structure: General Committee - Chairman of the GA, 21 deputies 7 committee chairs. Competence - amends the resolutions adopted by the GA The GA can establish committees: on political issues; on economy questions; on social, humanitarian and cultural issues; on issues of international guardianship; on administrative and budgetary issues; on legal issues. The GA adopts resolutions, decisions and recommendations at sessions. Subsidiary bodies: international organizations: United Nations Environment Programme, Conference on Trade and Development, United Nations Development Programme; permanent bodies: Conference on Disarmament (1961), Committee on the Peaceful Uses of Outer Space (1959), World Food Council (1974); temporary bodies: Special Committee on the UN Charter and strengthening the role of the Organization, Special Committee on the Indian Ocean.

35. United Nations Security Council. Significance of the principle of unanimity in voting in the Security Council.

Composition: 15 UN members (of which 5 are permanent) The UN Security Council is entrusted with the main responsibility for maintaining peace and security (Article 24 of the UN Charter also provides for enforcement measures that should be applied in exceptional cases when peace has already been violated ( aggression has been committed) or a real threat of an attack on a particular state has been created.). Functions and powers: to maintain peace and security; investigate any disputes that may cause international friction; make recommendations for dispute resolution; develop plans for the creation of a system of regulation of weapons, determine the presence of a threat to peace; calls on the state to apply economic sanctions and other measures to aggressors; take military actions against the aggressor; make recommendations on the admission of new members to the UN; submit annual reports to the General Assembly. Keeping peace by means: Proactive diplomacy - actions to prevent the emergence of disputes between the parties; peacemaking - inclining the warring parties to an agreement using peaceful means; peacekeeping - ensuring the presence of the UN in a particular area; peacebuilding in a period of conflict - actions aimed at preventing the outbreak of violence between countries and peoples. The UN Charter gives the Security Council the right to resort to temporary measures in order to prevent further aggravation of the situation: a ceasefire, the withdrawal of troops to previously occupied positions, the withdrawal of troops from the occupied territory, the drawing of a temporary demarcation line, the creation of a demilitarized zone. If the situation continues to deteriorate, the Security Council has the right to take both measures not related to the use of armed forces, and with their use (complete or partial interruption of economic relations, rail, sea, air, postal, telegraph, radio and other means of communication, and also break diploma relations.However, military forces are used within the UN for peacekeeping operations.They are usually divided into two categories: military observer missions, consisting of unarmed officers, and peacekeeping forces, which include military contingents with light weapons used only for self-defense.

36. UN Secretariat: composition and functions. Role of the General Secretary.

UN Secretariat is the main administrative and technical body that ensures the work of conferences held within the framework of the UN, prepares draft reports and practical work to implement UN programs. New York, Geneva, Vienna. Consists of the Secretary General and staff (representatives from citizens of UN Member States).

The Secretary General is the chief administrative official and acts in this capacity at all meetings of the session of the General Assembly, the Security Council. The Secretary General is appointed by the General Assembly on the recommendation of the Security Council for a term of 5 years with the right to be re-elected for a new term.

The Secretary General is responsible for the appointment of personnel on a geographic basis. These persons acquire the status of international officials and cannot acquire instructions from the government of their state.

The Secretary General submits to the General Assembly an annual report on the work of the United Nations and has the right to bring to the attention of the Security Council any matter that, in his opinion, needs to be discussed in order to prevent a threat to peace and security.

37. General characteristics of UNESCO and IAEA.

Objectives: cooperation in the field of science, culture, education, raising educational standards, the desire to improve living standards through scientific research, the dissemination of science and culture. Headquarters in Paris

The International Atomic Energy Agency (see also § 4, Chapter 12) was established in 1956 and operates on the basis of the Charter. The IAEA Statute was adopted on October 26, 1956 at an international conference held at UN Headquarters in New York and entered into force on July 29, 1957.

The main bodies of the IAEA are the General Conference, the Board of Governors, the Secretariat.

The General Conference consists of representatives of all IAEA Member States and meets once a year. The IAEA encourages and guides the development of the peaceful uses of atomic energy, establishes nuclear safety standards, provides assistance to Member States through technical cooperation, and promotes the exchange of scientific and technical information on nuclear energy.

One of the main functions of the IAEA is to apply safeguards to ensure that nuclear materials and equipment intended for peaceful use are not used for military purposes.

38. UN Specialized Agencies.

Specialized institutions are independent m / n organizations (intergovernmental) of a universal type, impl. collab. In the def. region, m \ n relations and ties with the UN, a special d., concluded by the city with the UN ECOSOC.

ECOSOC provides general guidance to these organizations, makes recommendations, consults, and coordinates their activities.

There are 16 specialized institutions. Allocate subsidiary bodies of the UN General Assembly: 1.IAEA; 2.conf. UN Trade and Development; 3. United Nations Children's Fund (UNICEF); 4.prog.raz-I UN (UNDP).

Groups of specialized institutions: 1.org-ii sots-gokh-ra; 2.humanitarian organizations; 3. economical; 4.s\x.

ILO (international labor organization). Established in 1919, in 1946 it became a UN special agency. Main goals: promoting the establishment of peace by establishing social justice, improving working conditions, living standards of workers, resolving issues of population migration, developing m / n standards for labor relations.

WHO (World Health Organization). FROM established in 1946. Purpose: to improve global health outcomes. For this, sanitary rules, measures to combat infectious diseases, and funding for personnel training have been developed.

UNESCO (United Nations Organization for Education, Science and Culture). Objectives: cooperation in the field of science, culture, education, raising educational standards, the desire to improve living standards through scientific research, the dissemination of science and culture. Headquarters in Paris.

WIPO (World Intellectual Property Organization). Since 1974 a specialized institution. Responsible for the protection of intel-oh property. M/n collaborator Implementing the management of intel-mi m \ n unions.

UNIDO (United Nations Organization for Industrial Development). Created to promote the industrial development of developing countries.

IMF, IBRD (m\n bank for reconstruction and development), IDA (m\n development association), IFC (m\n financial corporation). IDA and IFC are affiliates of the IBRD. Now IDA, IFC, IBRD are located in Washington (about 180 members). To become a member of the IBRD, you must join the IMF. The IMF coordinates the monetary and financial policy of the states, provides loans to regulate the balance of payments and maintain the exchange rate in the country. The IBRD promotes the reconstruction and development of the eco-mi g-va and provides loans for the development of production, trade-x rel-th, and the solution of social problems.

International Monetary Fund: structure, functions, decision making.

specialized agency of the United Nations, headquartered in Washington, USA. Functions:

§ promotion of international cooperation in monetary policy

§ expansion of world trade

§ lending

§ stabilization of monetary exchange rates

§ advising debtor countries

§ development of international financial statistics standards

§ collection and publication of international financial statistics

The supreme governing body of the IMF is Board of Governors(English) Board of Governors), in which each member country is represented by a governor and his deputy. Usually these are finance ministers or central bankers. The Council is responsible for resolving key issues of the Fund's activities: amending the Articles of the Agreement, admitting and expelling member countries, determining and revising their shares in the capital, and electing executive directors. The Governors meet in session, usually once a year, but may meet and vote by mail at any time. The largest number of votes in the IMF (as of June 16, 2006) are: USA - 17.8%; Germany - 5.99%; Japan - 6.13%; UK - 4.95%; France - 4.95%; Saudi Arabia - 3.22%; Italy - 4.18%; Russia - 2.74%. The IMF operates the principle of "weighted" number of votes: the ability of member countries to influence the activities of the Fund by voting is determined by their share in its capital. Each state has 250 "basic" votes, regardless of the size of its contribution to the capital, and an additional one vote for every 100 thousand SDRs of the amount of this contribution. Decisions in the Board of Governors are usually taken by a simple majority (at least half) of the votes, and on important issues of an operational or strategic nature, by a “special majority” (respectively, 70 or 85% of the votes of the member countries). The IMF provides short- and medium-term loans with a deficit in the balance of payments of the state. The provision of loans is usually accompanied by a set of conditions and recommendations aimed at improving the situation.

The policy and recommendations of the IMF in relation to developing countries have been repeatedly criticized, the essence of which is that the implementation of the recommendations and conditions is ultimately aimed not at increasing the independence, stability and development of the national economy of the state, but only tying it to international financial flows.