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

(quasi-states) are derivative subjects of 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. For the rest, state-like education possesses all the features inherent in a sovereign state: its own territory, state sovereignty, the highest bodies of state power, the presence of its own citizenship, as well as the ability to act as a full participant in international legal relations.
State-like formations 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. At present, the Order has established diplomatic relations with sovereign states (104), signifying its 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 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 authorities and administration. The peculiarity of its status lies in the fact that the purpose of its existence is to represent the interests of the Catholic Church in the 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 - the European Union and the Order of Malta. It should be noted that the entire volume of international legal personality granted to the Vatican is exercised by the Holy See: it participates in international organizations, concludes international treaties, and 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 features of a sovereign state inherent in it. 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 features of the 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:

permanent population;

a certain territory;

government;

ability to enter into relations with other states.

The most important features of the 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 the state on its territory and its independence in the sphere of international relations. Only states have this property, which predetermines their main characteristic features as the main subjects of international law. Sovereignty is the foundation of all fundamental rights of the state.

Any state has sovereignty from the moment of its inception. His international legal personality does not depend on the will of other subjects. It ceases only with the termination 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 as yet unrecognized state has the right to defend its integrity and its independence, to look after its safety and prosperity, and, as a consequence of this, organize itself as it pleases, legislate its interests, manage its departments and 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 not only have 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 fixed and guaranteed by generally recognized norms and principles of international law. According to the Final Act of the 1975 Conference on Security and Cooperation in Europe, states are obliged to respect the territorial integrity of each of the participating states. Accordingly, they refrain from any action inconsistent with the purposes and principles of the UN Charter against the territorial integrity, political independence or unity of any state.

The states parties to the Final Act regard as inviolable all the frontiers of one another, as well as the frontiers of all states in Europe, and therefore they will refrain now and in the future from any encroachment on these frontiers. They also refrain from any or actions aimed at the seizure and usurpation of part or all of the territory of any participating State.

Population is a permanent sign of the state. According to the UN Charter, the Declaration on the Granting of Independence to the Colonial Countries and Peoples of the city 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 determine their political status and freely pursue their economic, social and cultural development. In accordance with the Declaration on 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 authority is one of the main features of the state. In international law, it is the bearer of organized sovereign power. In whatever 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 power whatsoever capable of prescribing legally binding rules of conduct for them. The norms of international law that regulate the relations of states in the sphere of international communication are created by the states themselves through their agreement (coordination of wills) and are aimed at strict observance of state sovereignty in international relations. Respect for the sovereignty of any state, recognition of the sovereign equality of all states are among the fundamental principles of modern international law. According to the Declaration on Principles of International Law, d. all states enjoy sovereign equality. They have the same rights and obligations and are equal members of the international community, regardless of economic, social, political or other differences.

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;

Every State is bound to comply fully and in good faith with its international obligations and live in peace with other states.

Every state has an obligation 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 subject 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 the international legal personality of its constituent parts does not arise in this case.

Federations are complex states. Members of the federation (republics, regions, states, lands, etc.) retain a certain intrastate independence, but, as a rule, do not have the constitutional right to participate independently in foreign relations, therefore, they 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, unions, or confederations. No state may, without the consent of Congress, make agreements or conventions with another state or with a foreign power.

The Russian Federation is a democratic federal state, which consists of republics, territories, regions, cities of federal significance, an autonomous region, autonomous regions - 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 district have their own charter and legislation. According to paragraph "k" Art. 71 The Constitution of 1993 is under the jurisdiction of the Russian Federation:

foreign policy and international relations of the 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 limits of the jurisdiction of the Russian Federation and joint powers, the subjects of the Russian Federation have all the fullness of state power.

According to the federal law On the coordination of international and foreign economic relations of the constituent entities of the Russian Federation» 1998, the subjects of the Russian Federation, within the limits of the powers granted to them by the Constitution, federal legislation and agreements between state authorities of the Russian Federation and state authorities of the subjects of the Russian Federation on the delimitation of subjects 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, may also carry out such relations with public authorities of foreign states.

Republics are not entitled to:

enter into relations with foreign states;

conclude intergovernmental agreements with them;

to exchange diplomatic and consular missions;

be members of intergovernmental organizations.

Republics may conclude international treaties on matters within their competence. However, in any case, these contracts should be of a secondary, derivative nature. They may contain norms that ensure the implementation of the relevant treaties of the Russian Federation. In order to ensure the implementation of such treaties, the republics may have their representations in foreign states that are not diplomatic institutions.

State-like formations- 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 an act of a similar nature, the highest state bodies, citizenship. There are political-territorial (Danzig, Gdansk, West Berlin) and religious-territorial state-like formations (Vatican, Order of Malta). Currently, there are only religious-territorial state-like entities. Such entities have territory, sovereignty; have their own citizenship, legislative assembly, government, international treaties. Most often, such formations are temporary in nature and arise as a result of the unsettled territorial claims of various countries to each other.

The common thing for political-territorial formations of this kind is that in almost all cases they were created on the basis of international agreements, as a rule, 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 normative acts, and 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. Seat of the Order - Rome. Its official purpose is charity. It has diplomatic relations with many states. The order does not have its own territory or population. Its sovereignty and international legal personality are a legal fiction.

State-like subjects of international law include Vatican. This is the administrative center of the Catholic Church, headed by the Pope, "state-city" within the Italian capital - 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.

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

Each valid contract is binding on the participants. The participants must fulfill in good faith the obligations assumed under the treaty and cannot invoke the provisions of their internal law as an excuse for not fulfilling the treaty (Article 27 of the 1969 Vienna Convention

Section 2 of this part of the Convention, dealing with the application of treaties, contains Art. 28-30. The first of these establishes that treaties do not have retroactive effect, unless otherwise clear from the treaty or otherwise established. According to Art. 29, a treaty is binding on each State Party in respect of its entire territory, unless otherwise clear from the treaty or otherwise provided. Article 30 deals with the application of successive treaties relating to the same subject.

In addition, the general rule is that contracts do not have retroactive, i.e. do not apply to events that took place before the entry into force of the treaty . In addition, unless otherwise follows from the contract, it applies to all territory contracting states.

interpretation aims at clarifying the meaning of the text of the treaty, while application involves establishing the consequences for the parties, and sometimes for third states. Interpretation itself can be defined as a legal procedure that, in connection with the application of a contract to a real case, is aimed at clarifying the intentions of the parties when concluding a contract by examining 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 must not lead to results contrary to these principles, nor violate the sovereignty of states and their fundamental rights. The next principle is conscientious interpretation, that is, honesty, lack of desire to deceive the counterparty, the desire to establish the true meaning of the international treaty enshrined in its text.

The main object of interpretation, which 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 the parties in connection with the conclusion of the treaty, and any document drawn up by one or more of the 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 by international bodies provided for by states in the international treaty itself or authorized by them subsequently, when a dispute over interpretation has arisen, to resolve this dispute. Such bodies may be specially created commissions or an international court (arbitration). In the first case, one speaks of international administrative interpretation, in the second, of international judicial interpretation.

informal interpretation. This is the interpretation that is given by lawyers, legal historians, journalists, public organizations and politicians. This also includes the doctrinal interpretation given in scientific works on international law.

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

An international treaty is declared null and void if:

1) it was concluded with a clear violation of internal constitutional norms regarding the competence and procedure for concluding an agreement (Article 46 of the Vienna Convention);

2) consent to an obligation under the contract was given by mistake, 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 concluded the contract under the influence of fraudulent actions of another state participating in the negotiations (Article 49 of the Vienna Convention);

4) the consent of the state 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) the 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 treaty 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 is contrary to 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, mistake, deceit, bribery of a representative of the state;

2) absolute - the signs include: coercion of the state or its representative; the contradiction of the treaty to the basic principles or peremptory norm of general international law (jus cogens).

Termination of international treaties is the loss of its 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 the mutual consent of the parties.

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

5. Denunciation of a treaty means the lawful refusal of the state from the treaty on the terms stipulated by the agreement of the parties in the treaty itself, carried out by the highest state authority, with notification of the counterparty.

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

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

9. Cancellation - recognition of the contract as invalid unilaterally. The legitimate grounds are: a 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 a resolutive condition; the contract may provide for a condition upon the occurrence of which the contract is terminated.

11. Suspension of the contract - termination of its action 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 treaty 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 legal relations between the participants established by the agreement

7 question main sources of international law

Sources of international law are the forms of existence of international legal norms. Under the source of international law is understood the form of expression and consolidation of the norms of international law. A document containing 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. (UN General Assembly resolutions).

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 also regardless of its specific name.

International custom - these are the rules of conduct as a result of repeated repetition for a long time, acquired the tacit recognition of the subjects of international law.

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

8. international treaty as a source of international law

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A 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. Separate monographic or ...

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

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State-like formations (abstract, term paper, diploma, control)

A 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 monographs or dissertations 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 a more detailed study of this issue, actualizes the work, gives it an innovative character.

Understanding the complexity of writing this term paper in the almost complete absence of special literature, nevertheless, we set it as the goal of determining the international legal status and identifying the essential characteristics of state-like entities.

In this regard, the following questions are put forward as tasks, firstly, the analysis of existing scientific and other sources in order to determine the signs 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 you to fully solve the tasks and, ultimately, achieve the goal of this work ("https: // site", 18).

The first paragraph will cover general issues relating to all state-like entities: concepts, identification of signs, definition of essential characteristics, analysis of approaches in understanding, identification of 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 - 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 the servers of state-like entities posted by 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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The state becomes the subject of the MT from the moment of its inception (ipso facto - by virtue of the fact of its existence).

Features of the state as a subject of MP:

1) sovereignty, there are no absolutely sovereign states;

2) immunity - withdrawal from jurisdiction, extends to the state, its bodies, state property, officials abroad. The state itself decides the issue of the scope of immunity, may refuse in whole or in some part.

Concepts:

Absolute immunity - extends 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, then immunity does not apply (USA, South Africa, Singapore, UK). There are a number of international treaties that adhere to this concept: the European Convention on State Immunity, the Convention for the Unification of Certain Rules Concerning the Immunity of Merchant Ships.

Types of immunities:

a) Judicial immunity - the lack of jurisdiction of one state to another without its consent; prohibition of application of measures to secure a claim, prohibition of enforcement of a court decision;

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

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

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

4) territory - in the MP 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 (internal waters, archipelagic waters, territorial sea), air space over land and water. The limits are delineated by state borders. There are state territories with international regimes, for example Svalbard - the territory of Norway.

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

Bodies of external relations:

a) domestic:

Provided by the constitution of the state: head of state, parliament, government;

States not provided for by the constitution: department of foreign affairs, other bodies (for example, the Ministry of Foreign Economic Relations), bodies created to fulfill certain international obligations - for example, the NCB of Interpol;

b) foreign:

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

Temporary: special missions, delegations to conferences, meetings.

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An analysis of 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 conclude international agreements, but these agreements are not international treaties; and these agreements may not be entered into without the permission of the Federation.

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

Subjects may 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 formations are subjects of international law.

State-like formations- 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 an act of a similar nature, the highest state bodies, citizenship. G.p.o. is, as a rule, demilitarized and neutralized. There are political-territorial (Danzig, Gdansk, West Berlin) and religious-territorial state-like formations (Vatican, Order of Malta). Currently, there are only religious-territorial state-like entities. Such entities have territory, sovereignty; have their own citizenship, legislative assembly, government, international treaties. Most often, such formations are temporary in nature and arise as a result of the unsettled territorial claims of various countries to each other.

The common thing for political-territorial formations of this kind is that in almost all cases they were created on the basis of international agreements, as a rule, 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 normative acts, 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 German reunification in 1990).

Ö State-like subjects of international law include Vatican. This is the administrative center of the Catholic Church, headed by the Pope, "state-city" within the Italian capital - 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.