The principle of territorial integrity of states is considered as. Basic principles of international law. See what the “principle of territorial integrity of states” is in other dictionaries

The UN Charter prohibits the threat or use of force against the territorial integrity (inviolability) and political independence of states. In the Declaration of Principles of International Law of 1970, when disclosing the content of paragraph 4 of Art. 2 of the UN Charter reflected individual elements of the principle, which is interpreted as part of the principle of sovereign equality of states and the principle of non-use of force and the threat of force in international relations. The 1970 Declaration of Principles of International Law states that “the territorial integrity and political independence of a State are inviolable.” It is especially noted that the territory of a state should not be the object of military occupation resulting from the use of force in violation of the provisions of the UN Charter, and that the territory of a state should not be the object of acquisition by another state as a result of the threat or use of force. No territorial acquisition resulting from the threat or use of force shall be recognized as legal.

However, given the importance of this principle, the OSCE participating States considered it necessary to highlight it as an independent principle that they intend to guide in their mutual relations. In this regard, the CSCE Final Act of 1975 contains the most complete formulation of the principle of territorial integrity of states: “The participating states will respect the territorial integrity of each of the participating states. Accordingly, they will refrain from any action inconsistent with the purposes and principles of the Charter of the United Nations against the territorial integrity, political independence or unity of any participating State and, in particular, from any such action constituting the use or threat of force . The participating States will likewise refrain from making each other's territory the subject of military occupation or other direct or indirect measures of force in violation of international law, or the subject of acquisition by means of such measures or the threat thereof. No occupation or acquisition of this kind will be recognized as legal."

The principle now exists in customary legal form, but indirect confirmation of its action is found in bilateral treaties of a political nature, in regional documents, in particular the statutory documents of political regional organizations. So, preamble and art. 2 of the Charter of the Organization of African Unity (hereinafter referred to as the OAU) establishes that the goals of the Organization are to protect the territorial integrity and natural resources of African states; Art. V of the Arab League Pact also addresses the problem of protecting the territorial integrity of the League member states.

Territory serves as the material basis of any state and is a necessary condition for its existence. All natural resources are integral components of the territory of the state, and if the territory as a whole is inviolable, then its components, that is, natural resources in their natural form, are also inviolable. Their development by foreign persons or states without the permission of the territorial sovereign is recognized as a violation of the territorial integrity of the state. Therefore, states pay special attention to ensuring its integrity. The League of Nations Statute also obliged the territorial integrity of the member states to be respected and preserved against any external attack. This principle was established with the adoption of the UN Charter in 1945.

Sometimes the principle of territorial integrity of states is also called the principle of the integrity of state territory or the principle of inviolability of state territory, but the essence here is the same - the prohibition of the forcible seizure, annexation or dismemberment of the territory of a foreign state.

In paragraph 4 of Art. 2 of the UN Charter contains a requirement to refrain from the threat or use of force against the territorial integrity of states, thereby definitively establishing the principle of the territorial integrity of states, albeit in a condensed formulation.

The 1970 Declaration of Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations states that each State “shall refrain from any action tending, in whole or in part, to interfere with the national unity and territorial integrity of any other State or countries". It also notes that “the territory of a State shall not be the subject of military occupation resulting from the use of force in violation of the provisions of the Charter,” and that “the territory of a State shall not be the object of acquisition by another State as a result of the threat or use of force.” Any territorial acquisition resulting from the threat or use of force should not be recognized as legal.

This principle of international law was further developed in the Final Act of the Conference on Security and Cooperation in Europe in 1975, which contains a separate and most complete formulation: “The participating states will respect the territorial integrity of each of the participating states. Accordingly, they will refrain from any action inconsistent with the purposes and principles of the Charter of the United Nations against the territorial integrity, political independence or unity of any participating State and, in particular, from any such action constituting the use or threat of force . The participating States will likewise refrain from making each other's territory the object of military occupation or other direct or indirect measures of force in violation of international law, or the object of acquisition by means of such measures or the threat of their implementation. No occupation or acquisition of this kind will be recognized as legal." Moreover, this applies to any actions against territorial integrity or inviolability. For example, the transit of any vehicles through foreign territory without the permission of the territorial sovereign is a violation not only of the inviolability of borders, but also of the inviolability of state territory, since it is precisely this territory that is used for transit.

Established with the adoption of the UN Charter in 1945. The process of its development continues. The name of the principle itself has not been finally established: one can find mention of both territorial integrity and territorial inviolability. The significance of this principle is very great from the point of view of stability in interstate relations. Its purpose is to protect the territory of the state from any encroachment.

In the Declaration of Principles of International Law concerning Friendly Relations and Cooperation between States in accordance with the UN Charter, 1970, when disclosing the content of the wording of paragraph 4 of Art. 2 of the UN Charter reflected many elements of the principle of territorial integrity (inviolability), although this principle itself was not separately mentioned.

The next stage in the development of this principle was the Final Act of the 1975 Conference on Security and Cooperation in Europe, which contains a separate and most complete formulation of the principle of territorial integrity of states: “The participating states will respect the territorial integrity of each of the participating states. In accordance with this, they will refrain from any action inconsistent with the purposes and principles of the Charter of the United Nations against the territorial integrity, political independence or unity of any participating State and, in particular, from any such action constituting the use or threat of force. likewise refrain from making each other's territory the subject of military occupation or other direct or indirect measures of force in violation of international law, or the subject of acquisition by means of such measures or the threat thereof.No occupation or acquisition of such kind will be recognized as lawful " 1 .

The principle of territorial integrity of states is one of the basic principles of international law, enshrined in paragraph 4 of Art. 2 of the UN Charter.

This principle is specified in the Declaration of Principles of International Law of 1970, where it is interpreted as part of the principle of sovereign equality of states and as part of the principle of non-use of force or threat of force. Indeed, this principle is closely related to both of these principles. The Declaration says: “Territorial integrity and territorial inviolability” 2.

However, the principle of the territorial integrity of states is so important that in the Final Act of the Conference on Security and Cooperation in Europe it is highlighted as an independent principle of international law: “The participating states will respect the territorial integrity of each of the participating states.”

The principle of the inviolability of state borders.

It determines the cooperation of states in establishing borders, protecting them, and resolving controversial issues in connection with borders. The significance of relations associated with borders is determined by the fact that they are the boundaries of the spread of state sovereignty, the boundaries of the operation of the state legal order. Issues about borders occupy a fairly large place in the most important treaties of our time, but they are not inferior to those that have long become only milestones of history. Since ancient times, it has been believed that violation of the border is a casus belli - a reason for a legitimate war. Air, sea, and land borders are protected by the entire power of the state, its diplomatic apparatus, as well as its political allied treaties.

In written form, it is, as indicated, reflected in bilateral and multilateral allied treaties, charters of universal and regional political organizations.

Its understanding by states is reflected in such moral and political norms as the norms of the Declaration of Principles of the Final Act of the Conference on Security and Cooperation in Europe (1975) “The participating states regard as inviolable all the borders of each other, as well as the borders of all states in Europe, and They will therefore refrain, now and in the future, from any encroachment upon these frontiers. They will accordingly refrain also from any demands or actions aimed at the seizure and usurpation of part or all of the territory of any State Party" 1, declarations and resolutions of the UN General Assembly, in particular, in the Declaration of Principles Concerning the Friendly Relations of States (1970).

States are obliged not to violate the border regime rules established by domestic and international standards. Thus, the regime for protecting the border of the Russian Federation, established by the Law “On the State Border of the Russian Federation” of 1993, provides for strictly visa entry into the territory of Russia, the Schengen Agreement of 1990. concluded by 9 European states, on the contrary, established the principle of visa-free border crossing for citizens of the states party to the Agreement. The right of the state is to establish or remove customs and other restrictions related to the passage of borders by individuals, vehicles, and goods.

In relation to borders, there is also the institution of confidence-building measures, expressed in the prohibition of the movement of troops or holding exercises near borders, the creation of security zones, etc., in the establishment of transparency of borders for certain types of goods and services. This regime has been established between some CIS countries 1 .

Violation of borders is considered an international crime, in connection with which it is possible to apply the most stringent retaliatory measures provided for, in particular, in Art. 39-47 of the UN Charter: the use of armed forces, other emergency sanctions, up to limiting the sovereignty of the guilty state and violating its borders.

INSTITUTE OF LAW AND ENTREPRENEURSHIP

TEST

IN THE DISCIPLINE “INTERNATIONAL LAW”

“ THE PRINCIPLE OF TERRITORIAL INTEGRITY OF STATES. BRIEF CHARACTERISTICS AND ESSENCE.”

Performed:

2nd year student

522 groups

Correspondence department

Faculty of Law

Kaplenko Marina

Introduction……………………………………………………………..3 pages

1. The principle of territorial integrity. Its essence………….4-7 pages

2. Liability for violation of territorial

integrity of the state……………………………………………………...8-11 pages

3. The norm of territorial integrity, as it is

embodied in international documents

of a global nature……………………………………………………………12-14 pages

Conclusion……………………………………………………...15-16 pages

References……………………………………………………………………...17 pages

Introduction

In modern conditions, the “authority” of the principle of territorial integrity is irrefutable, which is proven by its enshrinement in the constitutions of most states. For many centuries, territory has been the main feature of the state. The immutability of borders and the integrity of the territory are the key to stability of both interstate and intrastate relations. Aggressive wars of conquest and wars of independence of the 20th century pushed the world community to recognize territorial integrity as a basic principle and consolidate it at the international level and in national legislation.

Territorial issues are still among the most pressing problems in the system of relations between states and within states. They are directly related to the establishment of the sovereign power of states in a particular region of the world or to the preservation of the independence of a certain people, the affirmation of their geopolitical and civilizational identity.

Purpose This test is to consider the principle of territorial integrity of states, its characteristics and essence; look at responsibility for violating the territorial integrity of a state, consider the norm of territorial integrity and how it is embodied in international documents of a global nature.

1. The principle of territorial integrity. Its essence

The principle of territorial integrity protects the right of the state to the integrity and inviolability of its territory (the most important means of ensuring the sovereignty of the state).

This principle appeared in the theory of international law with its enshrinement in the UN Charter in 1945. The next most important document in the development of this principle was the Final Act of the Conference on Security and Cooperation in Europe in 1975, which contains the most complete formulation of the principle of territorial integrity of states: “The participating states will respect the territorial integrity of each of the participating states. Accordingly, they will refrain from any action inconsistent with the purposes and principles of the UN Charter against the territorial integrity, political independence or unity of any participating State and, in particular, from any such action constituting the use or threat of force. The participating States will likewise refrain from making each other's territory the object of military occupation or other direct or indirect measures of force in violation of international law, or the object of acquisition through such measures or the threat of their implementation. No occupation or acquisition of this kind will be recognized as legal."

The UN Charter prohibits the use of force against the territorial integrity of states in the form of invasion, annexation, occupation, and any attempts to dismember state territory (unless this is related to international sanctions).

This principle arose simultaneously with the formation of sovereign states (the development of the principle of the prohibition of force and the threat of force contributed to the development of the principle of territorial integrity, linking the illegality of the use of force with the illegality of the consequences).

This principle exists in customary legal form (indirect confirmation of its existence and action is contained in many political treaties; confirmation of its existence is the recognition of the legality of the use of force in the event of an encroachment on the territory of the state).

Object of protection of the principle- relations between states related to the protection of their rights to the territories and their resources belonging to them (military bases located under an agreement on the territory of third states, territories of diplomatic and consular missions, military and commercial ships and aircraft are also considered as the conditional territory of a state) .

In case of violation of the principle, states can (apply coercive measures allowed by the MP; apply to the General Assembly and the UN Security Council, regional organizations; resort to individual self-defense).

Violation of the territorial integrity of the state as a sanction for committing a m/n crime (example: division of German territory into zones and a special regime for the management of West Berlin after World War II).

Responsibilities of states in accordance with this principle:

1) must not encroach directly or indirectly, by force or threat of force, on state territory, its parts or natural resources;

2) must refrain from any actions that may directly or indirectly cause damage to the territory of the state or its part;

3) must not provide assistance to the violating state or its accomplices.

The principle of the inviolability of state borders regulates the relations of states regarding the establishment (delimitation, demarcation, rectification) and protection of the border dividing their territory and the resolution of controversial issues in connection with the border.

The borders of the state are protected by the military power of the state, the diplomatic apparatus, and political allied treaties.

Encroachment on state borders is usually understood as unilateral actions or demands aimed at changing the position of the border line, its legal design or the actual position of the border line on the ground. The states participating in the Conference on Security and Cooperation in Europe thereby expressed international legal recognition or confirmation of the existing borders of European states.

There are three main elements of the principle of inviolability of borders:

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) refusal of any other encroachments on these borders, including the threat or use of force.

This principle arose in connection with the existence of sovereign states during the period of decomposition of feudalism.

This principle is contained in multilateral and bilateral alliance treaties, charters of universal and regional political organizations.

Rights and obligations of states determined by this principle:

1) Rights of states (the requirement for the absolute inviolability of established borders, the illegality of changing them without consent or under pressure, using force or the threat of force; they themselves determine the mode of border crossing, the procedure for establishing or lifting restrictions on border crossing).

2) Responsibilities of states (strict adherence to boundaries, dividing or demarcation lines established in accordance with the International Law (including reconciliation lines considered as temporary boundaries), resolution of border disputes only by peaceful means, failure to provide assistance to states that violate the principle).

2. RESPONSIBILITY FOR VIOLATION OF THE TERRITORIAL INTEGRITY OF THE STATE UNDER MODERN RUSSIAN LEGISLATION

Liability for acquiring territory by threat or use of force

The prohibition of the use or threat of use of force to solve international problems, including for the increment (expansion of borders) of territory and to resolve territorial disputes, is established, as stated, in the UN Charter, the Declaration of Principles of International Law and other international legal documents. The formation of this principle is directly related to the development of the concept of responsibility for aggression as the most dangerous international crime, since “in the aggression of one state against another with the aim of seizing its territories, the territorial element of the conflict is most clearly manifested, since the main goal of such aggression is to change the territorial status quo "

“In modern conditions, the threat of direct military aggression in traditional forms against the Russian Federation and its allies has been reduced thanks to positive changes in the international situation, our country’s pursuit of an active, peace-loving foreign policy, and the maintenance of Russian military potential, especially the nuclear deterrent potential, at a sufficient level,” the Military notes. doctrine of the Russian Federation, approved by the Decree of the President of the Russian Federation of April 21, 2000, “At the same time, potential external and internal threats to the military security of the Russian Federation and its allies persist, and in certain areas intensify.” At the same time, the main external threats are defined by the doctrine as: territorial claims against the Russian Federation; interference in the internal affairs of the Russian Federation; the deployment of foreign troops in violation of the UN Charter on the territory of states adjacent to the Russian Federation and friendly to it; creation, equipment and training on the territories of other states of armed formations and groups for the purpose of their transfer for operations in the territories of the Russian Federation and its allies; attacks (armed provocations) on military installations of the Russian Federation located on the territories of foreign states, as well as on objects and structures on the state border of the Russian Federation, the borders of its allies and in the World Ocean, etc.

The rule on responsibility for aggression is placed in the chapter on crimes against the peace and security of mankind.

An approximate, non-exhaustive list of actions that qualify as aggression is given in UN General Assembly Resolution 1314:

1. an invasion or attack by the armed forces of a state on the territory of another state or any military occupation, however temporary, resulting from such an invasion or attack, or any annexation by force of the territory of another state or part thereof;

2. bombing by the armed forces of one state of the territory of another state or the use of any weapons by a state against the territory of another state;

3. blockade of ports or coasts of a state by the armed forces of another state;

4. attack by the armed forces of a state on the land, sea or air forces, sea and air fleets of another state;

5. the use of the armed forces of one state located on the territory of another state by agreement with the host state, in violation of the conditions provided for in the agreement, or any continuation of their presence in such territory after the termination of the agreement;

6. action of a state allowing its territory, which it has placed at the disposal of another state, to be used by that state to commit an act of aggression against a third state;

7. the dispatch by or on behalf of the state of armed bands, groups and regular forces or mercenaries who carry out acts of use of armed force against another state that are of such a serious nature that they are tantamount to the acts listed above, or its significant participation in them.

As noted, the specified list of actions is not exhaustive and can be expanded in accordance with the provisions of the UN Charter by the Security Council of this organization.

The above list of actions, from the point of view of the content of the principle of territorial integrity and inviolability, contains an indication of a violation of several of its provisions. Actions 1 – 4, 7 are a violation of the provision prohibiting the acquisition of foreign territory through the threat or use of force; action 5 – violates the provision prohibiting the use of the territory of a foreign state without the consent of its territorial sovereign. These actions can be carried out by the “direct” aggressor state, either independently or with the support of other states. Action 6 has a certain specificity; it is possible only under the condition that aggressive actions are committed by at least two states: on the one hand, a state that has provided its territory for aggressive actions of another state violates the provision prohibiting the use of its territory in such a way that, as a result, damage is caused to the territorial integrity of the other state ; on the other hand, a state using the territory of another state to implement its aggressive plans can perform actions 1-4, 7 in the process of such use.

3. The norm of territorial integrity, as embodied in international documents of a global nature

A number of major documents of the 19th and early 20th centuries contained references to

the norm of territorial integrity.

1. The following provisions are particularly relevant in the Charter of the United Nations. Article 2 provides that the Organization itself is founded "on the principle of the sovereign equality of all its Members" and Article 2 declares that "all Members of the United Nations shall refrain in their international relations from the threat or use of force as against the territorial integrity or political independence of any states..." This last principle is, of course, one of the fundamental principles of the United Nations.

2. The Manila Declaration for the Peaceful Settlement of International Disputes of 1982 reaffirms in its preamble “the principle of the Charter of the United Nations that all States shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any State or any otherwise inconsistent with the purposes of the United Nations"

3. Article 5 of the Declaration on the Right to Development, adopted by the General Assembly on 4 December 1986 in its resolution 41/128, calls on States to take decisive action to eliminate “threats to national sovereignty, national unity and territorial integrity”. Paragraph 3 of the Guiding Principles on Humanitarian Assistance, adopted in General Assembly resolution 46/182 of 19 December 1991, provides that “the sovereignty, territorial integrity and national unity of States must be fully respected in accordance with the Charter of the United Nations.

4. The United Nations Millennium Declaration, adopted by the General Assembly on 8 September 2000, reaffirmed the commitment of Heads of State and Government to support, inter alia, “all efforts aimed at ensuring the sovereign equality of all States, respect for their territorial integrity and political independence.”

This Declaration was reaffirmed in the 2005 World Summit Outcome Document, in which world leaders agreed to “support all efforts to ensure the sovereign equality of all States and respect for their territorial integrity and political independence.” This provision of the World Summit Outcome Document was, in turn, unequivocally reaffirmed in the 2006 United Nations Global Counter-Terrorism Strategy27

5. The rule concerning territorial integrity applies, in essence, to the protection of the international borders of independent states. However, it also relates to the protection of the temporary - if agreed upon - borders of such states from the use of force. The 1970 Declaration of Principles of International Law Relating to Friendly Relations provides: “Equally, every State has the obligation to refrain from the threat or use of force to violate international lines of demarcation, such as armistice lines, established by or in accordance with an international agreement to which it is a party.” that State or which that State is otherwise bound to comply with. Nothing in the foregoing shall be construed as prejudicing the positions of the parties concerned as to the status and consequences of the establishment of such lines under their special regimes, or as impairing their temporary character.”

Conclusion

Ensuring the territorial integrity of states is one of the pressing problems of our time. History shows numerous cases of the disintegration of states into their component parts, attempts to separate parts of their territory from states.

A violation of territorial integrity may take the form of the disintegration of states into two or more states, the separation of part of its territory from a state and the formation of an independent state, the separation of part of its territory from a state and its annexation to another state. These negative consequences of the loss of part of the territory of a state are considered to be violations of its territorial unity. Positive changes, i.e. the increment of part of the territory of a state is not considered in practice as a violation of its territorial integrity.
Subjects of violation of the territorial integrity of a state are states whose illegal actions may be expressed in the seizure and occupation of part of the territory of another state, resulting in the annexation of the occupied territory to its territory (annexation). However, any territorial acquisitions should not be considered legal if they were the result of the threat or use of force.
Illegal actions of a state can be expressed in the creation of conditions in another state through the implementation of political, economic, organizational and other measures that can lead to destabilization of the situation in the state and its further collapse.

The principle of territorial integrity is enshrined in a number of international documents, such as the Charter of the United Nations, the Manila Declaration on the Peaceful Settlement of International Disputes of 1982, the Declaration on the Right to Development adopted by the General Assembly on December 4, 1986, the United Nations Millennium Declaration adopted by the General Assembly on September 8 2000, etc.

Bibliography:

1. International public law: Textbook. / Ed. Bekyasheva K. A. 2nd ed., revised. and additional - Mn.: Prospekt, 2008. - 635 p.

2. Biryukov P.N. International law: Textbook. 2nd ed., revised. and additional - M.: Lawyer, 2008;

3. Evintov V.I. International community and the rule of law: (Analysis of modern concepts) / Academy of Sciences of the Ukrainian SSR. Institute of State and Law. - Kyiv: Nauk. Dumka, 2007. - 127 p.

4. Kudryashov S.M. New trends in the development of the law of international legal personality // Law and Politics. - 2009. - No. 8.

5. Lukashuk I.I. International law. General part: Textbook. - 2nd ed., revised. and additional - M.: BEK Publishing House, 2009;

6. International law: Textbook. / Ed. G. V. Ignatenko. M.: Higher School, 2007.

7. International law in documents: Textbook. manual for higher students legal textbook establishments / Comp. Sat. Blatova N. T., Melkov G. M. 3rd ed., revised. and additional - M.: MTSUPL, 2006. - 822 p.

8. International law in documents: Textbook. manual / Comp.: N.T. Blatova, G.M. Melkov - 4th ed., revised. and additional - M., 2003;

9. International law: Textbook. M.: International relations, 2007

10. Oppenheim L. International law. T. 1. Half volume 1 / Per. from 6th English ed., add. G. Lauterlacht; Ed. and with a foreword by S.B. Krylova. - M.: State Publishing House of Foreign Literature, 2007. - 408 p.

12. www.wikipedia.ru

Lukashuk I.I. International law. General part: Textbook. - 2nd ed., revised. and additional - M.: BEK Publishing House, 2009

International law in documents: Textbook. manual for higher students legal textbook establishments / Comp. Sat. Blatova N. T., Melkov G. M. 3rd ed., revised. and additional - M.: MTSUPL, 2006. - 822 p.

International law in documents: Textbook. manual / Comp.: N.T. Blatova, G.M. Melkov - 4th ed., revised. and additional - M., 2003

International public law: Textbook. / Ed. Bekyasheva K. A. 2nd ed., revised. and additional - Mn.: Prospekt, 2008. - 635 p.

International law: Textbook. / Ed. G. V. Ignatenko. M.: Higher School, 2007

Biryukov P.N. International law: Textbook. 2nd ed., revised. and additional - M.: Lawyer, 2008

The principle of territorial integrity of states is one of the “youngest” principles of international law. It was first included as a peremptory norm in Article 4 of the Declaration of Principles, an integral part of the 1975 CSCE Final Act. In the theory of international law, it is customary to link the emergence of the principle of territorial integrity of states with the national liberation movement of colonial peoples in the 60s of the twentieth century. At the same time, the political and legal prerequisites for the inclusion of this norm in the system of principles of international law began to take shape at the beginning of the twentieth century. It was then that the doctrine of international law began to reject the legality of seizing the territory of a foreign state as a trophy of war. During this period, the territory of the state began to be considered as an integral part of state sovereignty and, because of this, each state was recognized as having the right to the inviolability of its territorial possessions.

In the UN Charter, the principle in question is enshrined only as an integral part of the principle of non-use of force and threat of force. According to paragraph 4 of Article 2, all states are obliged to refrain from the threat or use of force against the territorial integrity or political independence of any state. The 1970 Declaration of Principles states that each State must refrain from any action aimed at the partial or total disruption of the national unity or territorial integrity of any other State. Thus, the Declaration, unlike the Charter, prohibited only violent, but generally any acts directed against the territorial integrity of states. The very phrase “territorial integrity” was first used in the Bandung Declaration on Promoting Universal Peace and Cooperation of 1955, which became the response of colonial countries and peoples to the attempts of the metropolitan countries to obstruct the process of national liberation.

The most complete normative content of this principle is enshrined in the Final Act of the CSCE. According to Article 4 of its Declaration of Principles, all participating states are obliged to respect the territorial integrity, political independence and unity of other parties.

It's not hard to see that the territorial integrity of the state includes three components:

1) integrity of the territory;

2) political independence;

3) national unity.

The integrity of the territory as an object of the principle under consideration represents the inviolability of the land, water and air territories of the state and its subsoil. A violation of the principle of territorial integrity may include invasion, annexation, occupation of foreign territory, illegal transit, illegal mining of mineral resources of a foreign state, support of various kinds of separatist movements on its territory, as well as any actions aimed at dismembering a foreign state or seizing part of its possessions. Some representatives of international legal doctrine believe that this principle also applies to the territory occupied by diplomatic missions of a state, its aircraft and ships, military bases and space objects.

The political independence of a state is understood as its right to independently form its own political system, elect government bodies, as well as the ability to freely implement its own domestic and foreign policies. An encroachment on political independence can be carried out both in the form of the use of force or the threat of force, and in the form of bribery, financing of individual political parties and figures, as well as any actions that may result in actual control of the political system of a foreign state. At the same time, one should distinguish between the artificial creation of puppet regimes and legitimate means of diplomacy aimed at expanding their political influence.

The national unity of a sovereign state presupposes the historical community of the population living on its territory, a single legal status of all ethnic and social groups, including national minorities. Actions directed against the national unity of the country may be incitement to secession of individual entities from the federation, financing of separatist movements, calls for a violent change in the form of government or inciting ethnic hatred on the territory of a foreign state, etc. It is easy to see that violation of the principle of territorial integrity is almost always associated with interference in the internal affairs of a sovereign state.

An attack on the territorial integrity of a state within the framework of sanctions by decision of the UN Security Council cannot be considered a violation of the principle in question. Measures taken by the world community against the violating state may include the occupation of its territory, the establishment of international control over it, the overthrow of the ruling regime and other actions.

An important feature of the principle of territorial integrity of states is that it received its recognition in the form of a mandatory norm due to its widespread use in local interstate agreements - both regional and bilateral. In particular, the principle of territorial integrity is mentioned in the Charter of Paris for a New Europe of 1990, the Alma-Ata Declaration of 1991, the Treaty of Eternal Friendship between the Republic of Kazakhstan, the Kyrgyz Republic and the Republic of Uzbekistan of 1997, the Charter of Democratic Partnership between the Republic of Kazakhstan and the United States States of America 1994 and in other documents. For example, in the Joint Declaration of the Republic of Kazakhstan and the People's Republic of China dated July 5, 1996, the Kazakh side confirms that it recognizes the government of the PRC as the only legitimate government of China, that Taiwan is an integral part of the territory of China, that Kazakhstan will not establish official relations with Taiwan and will not will maintain official contacts with him in any form.