The Vatican is a state-like entity. Legal personality of state-like entities. International legal status of the subjects of the federation

(quasi-states) are derived entities international law, since, like international organizations, they are created by primary subjects - sovereign states.
By creating, states endow them with an appropriate amount of rights and obligations. This is the fundamental difference between quasi-states and the main subjects of international law. Otherwise, state- similar education has all the features inherent in a sovereign state: its own territory, state sovereignty, supreme authorities state power, having their own citizenship, as well as the ability to act as a full participant in international legal relations.
State-like entities are, as a rule, neutralized and demilitarized.
The theory of international law distinguishes the following types state-like entities:
1) political-territorial (Danzig - 1919, West Berlin - 1971).
2) religious-territorial (Vatican - 1929, Order of Malta - 1889). Currently, the subject of international law is only one religious-territorial state-like entity - the Vatican.
The Order of Malta was recognized as a sovereign military entity in 1889. Its seat is Rome (Italy). The main purpose of the Order is charity. Currently, the Order has established diplomatic relations with sovereign states (104), meaning it international recognition. In addition, the Order has observer status at the UN, its own currency and citizenship. However, this is not enough. The Order has neither its own territory nor its own population. From which it follows that he is not a subject of international law, and his sovereignty and ability to participate in international relations can be called a legal fiction.
The Vatican, unlike the Order of Malta, has almost all the features of a state: its own territory, population, supreme bodies of power and administration. The peculiarity of its status is that the purpose of its existence is to represent the interests of catholic church on international arena, and almost the entire population is subjects of the Holy See.
The international legal personality of the Vatican was officially confirmed by the Lateran Treaty of 1929. However, long before its conclusion, the institution of the papacy received international recognition. Currently, the Holy See has established diplomatic relations with 178 sovereign states and other subjects of international law – European Union and the Order of Malta. It should be noted that the entire scope of international legal personality granted to the Vatican is exercised by the Holy See: it participates in international organizations, concludes international treaties, establishes diplomatic relations. The Vatican itself is only the territory of the Holy See.

Under the state In international law, a country is understood with all the inherent characteristics of a sovereign state. However, not every country can be a state in the international legal sense and a subject of international law (for example, colonial countries and other geopolitical units).

From the history

The first attempt to codify the international legal characteristics of a state was given in the Inter-American Convention on the Rights and Duties of the State of 1933. According to Art. 1 of this Convention, a state as a person of international law must have the following conditions:

resident population;

certain territory;

government;

ability to enter into relations with other states.

The most important features of a state are sovereignty, territory, population and power.

Sovereignty is a distinctive political and legal property of the state. State sovereignty is the inherent supremacy of a state on its territory and its independence in the sphere of international relations. Only states have this property, which predetermines their main characteristics as the main subjects of international law. Sovereignty is the foundation of all fundamental rights of a state.

Any state has sovereignty from the moment of its establishment. Its international legal personality does not depend on the will of other subjects. It ceases only with the cessation of the given state. According to Art. 3 of the Inter-American Convention on the Rights and Duties of States of 1933, “the political existence of a state does not depend on its recognition by other states. Even an unrecognized state has the right to defend its integrity and its independence, to take care of its safety and prosperity and, as a consequence of this, to organize itself as it pleases, to legislate regarding its interests, to manage its departments and to determine the jurisdiction and competence of its courts. Unlike other subjects of international law, the state has universal legal personality.

According to UN Charter States have not only sovereignty, but also independence. All members of the UN shall refrain in their international relations from the threat or use of force against the political independence of any state.

Territory is an essential condition for the existence of the state. It is consolidated and guaranteed by generally recognized norms and principles of international law. According to the Final Act of the Conference on Security and Cooperation in Europe of 1975, states are obliged to respect the territorial integrity of each participating state. Accordingly, they refrain from any action inconsistent with the purposes and principles of the UN Charter, against territorial integrity, political independence or unity of any state.

States Parties Final Act consider all boundaries as inviolable each other, as well as the borders of all states in Europe, so they will refrain now and in the future from any encroachment on these borders. They shall also refrain from any action aimed at seizing or usurping part or all of the territory of any participating State.

Population is constant sign states. According to UN Charter, the Declaration on the Granting of Independence to Colonial Countries and Peoples and the International Covenant on Economic, Social and Cultural Rights of 1966, peoples are subject to the right to self-determination. By virtue of this right they freely establish their political status and freely pursue their economic, social and cultural development. In accordance with the Declaration of Principles of International Law of 1970, the content of the principle of equal rights and self-determination of peoples includes, in particular, the creation of a sovereign and independent state, free accession to or association with an independent state, or the establishment of any other political status freely determined by the people.

Public power is one of the main features of the state. In international law, it is the bearer of organized sovereign power. Whatever the relationship, the government of the state and its other bodies act, they always act on behalf of the state. The state in the international legal sense is understood as the unity of power and sovereignty.

States act in international relations as sovereign entities over which there is no authority whatsoever capable of legally prescribing them mandatory rules behavior. The norms of international law regulating relations between states in the sphere of international communication are created by the states themselves through their agreement (harmonization of wills) and are aimed at strict compliance state sovereignty in international relations. Respect for the sovereignty of any state and recognition of the sovereign equality of all states are among the fundamental principles of modern international law. According to the Declaration of Principles of International Law, all states enjoy sovereign equality. They have the same rights and responsibilities and are equal members international community regardless of differences of economic, social, political or other nature.

The concept of sovereign equality includes the following elements:

states are legally equal;

each state enjoys the rights inherent in full sovereignty;

each state is obliged to respect the legal personality of other states;

the territorial integrity and political independence of the state are inviolable;

every state has the right to freely choose and develop its political, social, economic and cultural systems;

Each state is obliged to comply fully and conscientiously with its international obligations and live in peace with other states.

Any state is obliged to maintain relations with other states in accordance with the rules of international law and in accordance with the principle that the sovereignty of each state is subordinate to the (supremacy of) international law.

Features of the legal personality of federal states

A unitary state participates in international relations as a single subject of international law, and the question of its international legal personality components in this case it does not occur.

Federations are complex states. Members of the federation (republics, regions, states, lands, etc.) retain a certain internal independence, but, as a rule, do not have the constitutional right to independently participate in external relations, and therefore are not subjects of international law. In this case, only the federation as a whole acts in the international arena as a single subject of international law. As noted in Art. 2 of the Inter-American Convention on the Rights and Duties of States of 1933, “a federal state constitutes only one person before international law.” For example, according to Art. 10 of the US Constitution, no state may enter into treaties, alliances or confederations. No state shall, without the consent of Congress, enter into any treaty or convention with another state or with a foreign power.

The Russian Federation is a democratic federal state, which consists of republics, territories, regions, cities federal significance, autonomous region, autonomous okrugs - equal subjects of the Russian Federation. The republic within the Russian Federation has its own constitution and legislation. Territory, region, federal city, autonomous region, autonomous region have their own charter and legislation. According to paragraph "k" Art. 71 The 1993 Constitution governs the Russian Federation:

foreign policy and international relationships Russian Federation, international treaties of the Russian Federation; issues of war and peace;

foreign economic relations of the Russian Federation;

defense and security;

determination of the status and protection of the state border, territorial sea, airspace, exceptional economic zone and continental shelf of the Russian Federation.

Outside the jurisdiction of the Russian Federation and joint powers, the subjects of the Russian Federation have full state power.

According to Federal law « On coordination of international and external economic ties subjects of the Russian Federation» 1998, subjects of the Russian Federation, within the powers granted to them by the Constitution, federal legislation and agreements between government bodies of the Russian Federation and government bodies of subjects of the Russian Federation on the delimitation of jurisdiction and powers, have the right to carry out international and foreign economic relations with subjects of foreign states, and also to participate in the activities of international organizations. Subjects of the Russian Federation, with the consent of the Government of the Russian Federation, can carry out such communications with government bodies of foreign states.

Republics have no right:

enter into relations with foreign states;

conclude intergovernmental agreements with them;

exchange diplomatic and consular missions;

be members of intergovernmental organizations.

Republics may conclude international treaties on issues within their competence. However, in any case, these agreements must be of a secondary, derivative nature. They may contain rules ensuring the implementation of relevant treaties of the Russian Federation. In order to ensure the implementation of such treaties, republics may have their representative offices in foreign states that are not diplomatic institutions.

State-like entities- derived subjects of international law. This term is a generalized concept because it applies not only to cities, but also to certain areas. G.p.o. are created on the basis of an international treaty or a decision of an international organization and represent a kind of state with limited legal capacity. They have their own constitution or act of a similar nature, the highest government bodies, citizenship. There are political-territorial (Danzig, Gdansk, West Berlin) and religious-territorial state-like entities (Vatican, Order of Malta). Currently, there are only religious-territorial state-like entities. Such entities have territory and sovereignty; have their own citizenship, legislature, government, international treaties. Most often, such formations are temporary in nature and arise as a consequence of unsettled territorial claims various countries to each other.

What is common to political-territorial entities of this kind is that in almost all cases they were created on the basis international agreements, as a rule, peace treaties. Such agreements gave them a certain international legal personality, provided for an independent constitutional structure, a system of organs government controlled, the right to publish regulations, have limited armed forces. These are free cities in the past (Venice, Novgorod, Hamburg, etc.) or in modern times (Danzig). West Berlin had a special status after the Second World War (before the unification of Germany in 1990).

The Order of Malta was recognized as a sovereign entity in 1889. The seat of the Order is Rome. His official goal- charity. It has diplomatic relations with many states. The order has neither its own territory nor population. Its sovereignty and international legal personality are a legal fiction.

State-like subjects of international law include Vatican. It is the administrative center of the Catholic Church led by the Pope, a “city state” within the Italian capital of Rome. The Vatican has diplomatic relations with many states in various parts of the world (including Russia), permanent observers at the UN and some other international organizations, and takes part in international conferences of states. Legal status The Vatican is determined by special agreements with Italy in 1984.

21. the issue of compliance, application and interpretation of international treaties. invalidity of international treaties. Suspension and termination of contracts.

Each valid agreement is binding on the participants. Parties must fulfill in good faith the obligations assumed under the treaty and cannot invoke the provisions of their internal law as an excuse for their failure to fulfill the treaty (Article 27 of the 1969 Vienna Convention).

Section 2 of this part of the Convention, devoted to the application of treaties, contains Art. 28-30. The first of them establishes that contracts do not have retroactive effect unless otherwise appears from the contract or is otherwise established. According to Art. 29, the treaty is binding on each state party in relation to its entire territory, unless otherwise provided by the treaty or otherwise established. Article 30 concerns the application of successive treaties relating to the same subject.

Besides, general rule is that contracts do not have retroactive effect, i.e. do not apply to events that occurred before the entry into force of the treaty . In addition, unless otherwise follows from the agreement, it is valid for all territories contracting states.

interpretation aims to clarify the meaning of the text of the treaty, while application involves establishing the consequences arising for the parties, and sometimes for third states. Interpretation itself can be defined as a legal procedure which, in connection with the application of a treaty to real case aims to clarify the intentions of the parties when concluding a contract through examination of the text of the contract and other relevant materials. The interpretation of an international treaty must be carried out in accordance with the basic principles of international law. It should not lead to results that contradict these principles or violate the sovereignty of states and their fundamental rights. The next principle is conscientiousness of interpretation, that is, honesty, lack of desire to deceive the counterparty, desire to establish true meaning international treaty, enshrined in its text.

The main object of interpretation that is decisive is the text of the treaty, which includes all parts of the treaty, including the preamble and, where appropriate, annexes, as well as any agreement relating to the treaty that was reached between all parties in connection with the conclusion of the treaty, and any document drawn up by one or more parties in connection with the conclusion of a contract and accepted by the other parties as a document relating to the contract.

International interpretation is the interpretation of a treaty international bodies provided for by states in the international treaty itself or authorized by them subsequently, when a dispute about interpretation has arisen, to resolve this dispute. Such bodies may be specially created commissions or international Court(arbitration). In the first case we talk about international administrative interpretation, in the second – about international judicial interpretation.

Unofficial interpretation. This is the interpretation given by lawyers, legal historians, journalists, public organizations And politicians. This also includes the doctrinal interpretation given in scientific works under international law.

An authentic interpretation of an international treaty can be embodied in various shapes: special agreement or additional protocol, exchange of notes, etc.

An international treaty is declared invalid If:

1) it was concluded in clear violation of internal constitutional norms relating to the competence and procedure for concluding a contract (Article 46 of the Vienna Convention);

2) consent to an obligation under a contract was given in error, if the error concerns a fact or situation that existed at the conclusion of the contract and constituted an essential basis for consent to be bound by the contract (Article 48 of the Vienna Convention);

3) the state entered into an agreement under the influence of the fraudulent actions of another state participating in the negotiations (Article 49 of the Vienna Convention);

4) the state’s consent to be bound by the treaty was expressed as a result of direct or indirect bribery of its representative by another state participating in the negotiations (Article 50 of the Vienna Convention);

5) a representative of the state agreed to the terms of the contract under duress or threats directed against him (Article 51 of the Vienna Convention);

6) the conclusion of the agreement was the result of the threat or use of force in violation of the principles of international law embodied in the UN Charter (Article 52 of the Vienna Convention);

7) the contract at the time of conclusion contradicts the basic principles of international law (Article 53 of the Vienna Convention).

Distinguish types of invalidity international treaty:

1) relative – the signs are: violation of internal constitutional norms, error, deception, bribery of a state representative;

2) absolute – the characteristics include: coercion of the state or its representative; a treaty that is inconsistent with fundamental principles or a peremptory norm of general international law (jus cogens).

Termination of international treaties means loss of their legal force. Termination of the contract is possible in the following cases:

1. When executing international treaties.

2. Upon expiration of the contract.

3. With mutual consent of the parties.

4. When a new peremptory norm of general international law arises.

5. Denunciation of a treaty means the lawful refusal of the state from the treaty on the terms provided for by the agreement of the parties in the treaty itself, carried out supreme body government authorities, with notification to the counterparty.

6. Recognition of the treaty as invalid due to coercion of the state to sign it, fraud, error, or contradiction of the treaty to the norm of jus cogeiu.

7. Termination of the existence of a state or change in its status.

9. Cancellation - recognition of the contract as invalid in unilaterally. Legal grounds are: significant violation by the counterparty of obligations under the contract, invalidity of the contract, termination of the existence of the counterparty, etc.

10. Occurrence of an annulling condition; The contract may provide for a condition upon the occurrence of which the contract is terminated.

11. Suspension of a contract - termination of its validity for a certain (indefinite) time. This is a temporary break in the operation of the contract under the influence of various circumstances. Suspension of the agreement has the following consequences (unless the parties agree otherwise):

· releases participants from the obligation to comply with it during the period of suspension;

· does not affect other provisions established by the contract legal relations between participants

Question 7: main sources of international law

The sources of international law are the forms of existence of international legal norms. The source of international law is understood as the form of expression and consolidation of the norm of international law. A document that contains a rule of law. Types of sources of international law: 1) basic: international treaties; international (international legal) customs; 2) derivatives: acts of international conferences and meetings, resolutions of international organizations (resolutions of the UN General Assembly).

An international treaty is an agreement between states or other subjects of international law, concluded in writing, containing the mutual rights and obligations of the parties, regardless of whether they are contained in one or more documents, and regardless of its specific name.

International custom is a rule of behavior that, as a result of repeated repetition over a long period of time, has acquired tacit recognition by subjects of international law.

The acts of international conferences include a treaty as a result of the activities of a conference created specifically for the development of an international treaty of states, which is ratified and put into effect.

8. international treaty as a source of international law

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State-like formation is a rather complex and exceptional phenomenon of an international legal nature, still poorly studied domestic science international law. Educational literature contains very little information about this unique phenomenon, and specialized literature only touches on certain aspects of individual state-like entities. Individual monographic or...

• INTRODUCTION
• 1. THE CONCEPT AND INTERNATIONAL LEGAL PERSONALITY OF STATE-LIKE ENTITIES
• 2. FREE CITIES
• 3. VATICAN
• 4. OTHER STATE-LIKE FORMATIONS
• CONCLUSION
• LIST OF REFERENCES USED

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State-like entities (essay, coursework, diploma, test)

State-like formation is a rather complex and exceptional phenomenon of an international legal nature, still poorly studied by the domestic science of international law. Educational literature contains very little information about this unique phenomenon, and specialized literature only touches on certain aspects of individual state-like entities.

There are no separate monographic or dissertation works devoted to the concept, international legal personality and other issues of the status of state-like entities in Russia. This factor is an additional incentive for more detailed study this issue, updates the work, gives it an innovative character.

Understanding the complexity of writing this course work in practical terms complete absence specialized literature, however, we set its goal to determine the international legal status and identify the essential characteristics of state-like entities.

In this regard, the tasks put forward are: firstly, the analysis of existing scientific and other sources in order to determine the characteristics and give a definition of a state-like entity, secondly, to identify certain aspects of their international legal personality, and thirdly, to determine the various aspects their international legal activities and, fourthly, the study of individual state-like entities, both existing in the past and existing to this day.

Structurally, the work is divided into paragraphs in accordance with the logical sequence of presentation of the material, which will allow us to fully solve the tasks and, ultimately, achieve the goal of this work ("https://site", 18).

The first paragraph will highlight general issues relating to all state-like entities: concepts, identifying features, defining essential characteristics, analyzing approaches to understanding, identifying differences from other subjects of international law. The following paragraphs will cover these issues in relation to individual state-like entities, detailing them and identifying the features of specific state-like entities.

The sources used in this work are very diverse. In addition to the traditional ones - educational and specialized literature - we used acts of an international legal nature, including international treaties that determine the status of a particular state-like entity, the basic laws of these entities, as well as official sources from servers of state-like entities located on the Internet.

All this is aimed at one thing - achieving the goal of the course work outlined above.

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Bibliography

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9. Basic Law of the Vatican City State of November 26, 2000 (at German) // Official website of the Holy See. - Access mode: http://www.vatican.va/vatican_city_state/legislation/documents/ scv_doc_20 001 126_legge-fondamentale-scv_ge.html - free.
10. On the appointment of Sadchikov N.I. as a representative of the Russian Federation to the Vatican and to the Sovereign Order of Malta on a part-time basis: Decree of the President of the Russian Federation of August 26, 2005 No. 989. // Collection of legislation of the Russian Federation. - 2005. - No. 35. - Art. 3602.
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18. Matuzov N. I. Theory of Government and Rights: textbook. / N. I. Matuzov, A. V. Malko - M.: Yurist, 2005. - 540 p.
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The state becomes a subject of the international enterprise from the moment of its inception (ipso facto – due to the fact of its existence).

Features of the state as a subject of MP:

1) sovereignty, there are no absolutely sovereign states;

2) immunity - exemption from jurisdiction, applies to the state, its bodies, state property, and officials abroad. The state itself decides the issue of the scope of immunity; it can refuse in whole or in some part.

Concepts:

Absolute immunity – applies to all actions of the state;

Relative immunity - only for those actions that the state carries out as a sovereign, as a bearer of power. When the state acts as a private person, immunity does not apply (USA, South Africa, Singapore, UK). There are a number of international treaties adhering to this concept: the European Convention on State Immunity, the Convention for the Unification of Certain Rules Relating to the Immunity of Merchant Ships.

Types of immunities:

a) Judicial immunity - the immunity of one state from another without its consent; prohibition of the use of measures to secure a claim, prohibition of forced execution of a court decision;

b) Immunity of state property - inviolability of property, prohibition of seizure, seizure, foreclosure;

c) Fiscal (tax) - state activities abroad are not subject to taxes or fees, except those that represent a fee for any service.

3) population - all persons who live in the territory of the state and are subject to its jurisdiction.

4) territory - in the MP it is considered as part of the geographical space, the significance of the state territory: the material basis for the existence of the population; scope of state law. The state territory includes land, subsoil, water space ( inland waters, archipelagic waters, territorial sea), airspace over land and water. Limits are delineated state borders. Exist state territories with international regimes, for example, Spitsbergen is the territory of Norway.

5) the presence of a system of bodies responsible for the international relations of the state (external relations bodies).

External relations bodies:

a) domestic:

States provided for by the constitution: head of state, parliament, government;

States not provided for by the constitution: the department of foreign affairs, other bodies (for example, the ministry of foreign economic relations), bodies created to carry out certain international obligations– for example, NCB Interpol;

b) foreign:

Permanent: diplomatic missions, consular offices, trade and other special missions (for example, tourist), representative offices at international organizations ( permanent missions or observer missions);

Temporary: special missions, delegations to conferences, meetings.

A special question of the MP is whether members federal states subjects of MP? in particular, are they subjects of the Russian Federation?

Analysis Russian legislation(Federal Law “On International Treaties of the Russian Federation”, “On the Coordination of International and Foreign Economic Relations of the Subjects of the Russian Federation”) allows us to draw a number of conclusions:

Subjects of the Russian Federation may enter into international agreements, but these agreements are not international treaties; and these agreements cannot be concluded without the permission of the Federation.

The Federation agrees on an international treaty with a subject of the Russian Federation if the agreement affects the territory of the subject, but the subject does not have a veto right.

Entities can be members of international organizations, but only those that allow membership of non-sovereign entities.

Thus, the subjects of the Russian Federation are not subjects of the MP.

35. State-like entities are subjects of international law.

State-like entities- derived subjects of international law. This term is a generalized concept, since it applies not only to cities, but also to certain areas. G.p.o. are created on the basis of an international treaty or a decision of an international organization and represent a kind of state with limited legal capacity. They have their own constitution or act of a similar nature, supreme state bodies, and citizenship. G.p.o. is, as a rule, demilitarized and neutralized. There are political-territorial (Danzig, Gdansk, West Berlin) and religious-territorial state-like entities (Vatican, Order of Malta). Currently, there are only religious-territorial state-like entities. Such entities have territory and sovereignty; have their own citizenship, legislative assembly, government, international treaties. Most often, such formations are temporary in nature and arise as a consequence of the unsettled territorial claims of various countries against each other.

What is common to political-territorial entities of this kind is that in almost all cases they were created on the basis of international agreements, usually peace treaties. Such agreements endowed them with a certain international legal personality, provided for an independent constitutional structure, a system of government bodies, the right to issue regulations, and have limited armed forces 1 .

Ö These are free cities in the past (Venice, Novgorod, Hamburg, etc.) or in modern times (Danzig).

Ö West Berlin had a special status after the Second World War (before the unification of Germany in 1990).

Ö State-like subjects of international law include Vatican. It is the administrative center of the Catholic Church led by the Pope, a “city state” within the Italian capital of Rome. The Vatican has diplomatic relations with many states in various parts of the world (including Russia), permanent observers at the UN and some other international organizations, and takes part in international conferences of states. The legal status of the Vatican is determined by special agreements with Italy in 1984.