International legal relations include relationships. International legal relations: subjects, composition

The result of the implementation of international legal norms is international legal relations - relations regulated by these norms.

The composition of international legal relations is formed by subjects, content and objects.

Subjects of legal relations are understood as participants in legal relations who have international subjective rights and legal obligations. Subjects of international legal relations can be states, nations fighting for independence, international organizations, state-like entities, legal entities (enterprises and organizations), individuals(citizens, foreigners, stateless people, bipatrids), i.e. all those persons and entities whose behavior is governed by international law.

Subjective law is a right belonging to a specific subject of international legal relations. Subjective right is possible behavior; its implementation depends on the will of the subject of the legal relationship.

A legal duty is the proper behavior of the subject. If a subjective right can not be used, then a participant in a legal relationship does not have the right to refuse a legal obligation.

Subjective rights and legal responsibilities are interrelated:

the right of one participant in a legal relationship corresponds to the obligation of another.

Subjective rights and legal obligations are aimed at what is called the object of the legal relationship.

The objects of international legal relations can be objects of the material world (territory, property, moral rights etc.), non-property benefits (life, health, etc.), behavior of subjects of legal relations (action or inaction), results of the subject’s activity (an accomplished event, a produced object, etc.).

When characterizing international legal relations, it should be taken into account that legal relations are impossible without legal facts.

Legal facts in international law are specific circumstances with which international law connects the emergence, change or termination of international legal relations. Legal facts are usually specified in the hypothesis of an international legal norm.

Depending on the volitional content legal facts in international law (as well as in domestic law) are divided into events and actions. Events are not related to the will of the subjects of legal relations (for example, disaster). Actions are facts related to the will of the participants in legal relations. Actions can be legal and illegal (offences).

Existing international legal relations are extremely diverse.

Depending on the functional purpose international standards It is possible to distinguish between regulatory and protective international legal relations. Regulatory legal relations are relations arising on the basis of international law that establishes the rules of conduct for subjects. These relations arise from the lawful behavior of participants in international communication. Protective legal relations arise as a result of unlawful behavior of subjects and are intended to restore violated rights and punish the offender.

You can also highlight material and procedural legal relations. Material legal relations establish the rights and obligations of the subjects of legal relations. Procedural legal relations arise on the basis procedural rules and fix the procedure for exercising rights and fulfilling obligations, the procedure for resolving disputes and considering cases of offenses.

By subject composition distinguish between interstate legal relations and legal relations of a non-interstate nature (see § 2 of this chapter).

According to form a distinction is made between international legal relations in the proper sense of the word (i.e., relations in which the rights and obligations of their participants are recorded specifically and clearly) and legal relations - states (i.e., relations in which the rights and obligations are of a generalized nature, for example, a state in citizenship).

By lifetime it is possible to distinguish between fixed-term and perpetual legal relations (for example, when concluding a perpetual agreement between states).

The result of the implementation of international legal norms is international legal relations - relations regulated by these norms.

The composition of international legal relations is formed by subjects, content and objects.

Subjects of legal relations are understood as participants in legal relations who have international subjective rights and legal obligations. Subjects of international legal relations can be states, nations fighting for independence, international organizations, state-like entities, legal entities (enterprises and organizations), individuals (citizens, foreigners, stateless persons, bipatrids), i.e. all those persons and entities whose behavior is governed by international law.

A legal duty is the proper behavior of the subject. If a subjective right can not be used, then a participant in a legal relationship does not have the right to refuse a legal obligation.

Subjective rights and legal obligations are interconnected:

the right of one participant in a legal relationship corresponds to the obligation of another.

Subjective rights and legal obligations are aimed at what is called the object of the legal relationship.

The objects of international legal relations can be objects of the material world (territory, property, non-property rights, etc.), non-property benefits (life, health, etc.), behavior of subjects of legal relations (action or inaction), results of the subject’s activities (completed event , manufactured item, etc.).

When characterizing international legal relations, it should be taken into account that legal relations are impossible without legal facts.

Depending on the volitional content, legal facts in international law (as well as in domestic law) are divided into events and actions. Events are not related to the will of the subjects of legal relations (for example, a natural disaster). Actions are facts related to the will of the participants in legal relations. Actions can be legal and illegal (offences).

Existing international legal relations are extremely diverse.

Depending on the functional purpose international norms, one can distinguish between regulatory and protective international legal relations. Regulatory legal relations are relations arising on the basis of international law that establishes the rules of conduct for subjects. These relations arise from the lawful behavior of participants in international communication. Protective legal relations arise as a result of unlawful behavior of subjects and are intended to restore violated rights and punish the offender.

You can also highlight material and procedural legal relations. Material legal relations establish the rights and obligations of the subjects of legal relations. Procedural legal relations arise on the basis of procedural rules and fix the procedure for exercising rights and fulfilling obligations, the procedure for resolving disputes and considering cases of offenses.

By subject composition distinguish between interstate legal relations and legal relations of a non-interstate nature (see § 2 of this chapter).

By lifetime it is possible to distinguish between fixed-term and perpetual legal relations (for example, when concluding a perpetual agreement between states).

Documents and literature

Charter of the United Nations 1945 // International law in documents / Comp. N.T. Blatova. M., 1982. S. 196-228.

Aleksidze L.A. Some questions of the theory of international law: peremptory norms (jus cogens). Tbilisi, 1983.

Biryukov P.N. Implementation of international legal norms in the sphere of intrastate relations: the problem of the competence of state bodies // Problems of the implementation of law. Sverdlovsk, 1990.

Vasilenko V.A. Fundamentals of the theory of international law. Kyiv, 1988.

Gaverdovsky A.S. Implementation of international law. Kyiv, 1980.

International Law Course. In 7 volumes. T. 1. M., 1989.

Levin D.B. Actual problems theories of international law. M., 1974.

Lukashuk I.I. The mechanism of international legal regulation. Kyiv, 1980.

Lukashuk I.I. Functioning of international law. M., 1992.

Lukashuk I.I. Norms of international law. M., 1997.

Marochchn S.Yu. The problem of the effectiveness of international legal norms. Irkutsk, 1988.

Rubanov A.A. Questions of the theory of international interlegal relations // SGiP. 1991. No. 10.

Suvorova V.Ya. Ensuring the implementation of treaty norms of international law // SGiP.1991. No. 9.

Suvorova V.Ya. Implementation of international law. Ekaterinburg, 1992.

Tiunov O.I. The principle of compliance with international obligations. M., 1979.

Tunkin G.I. Theory of international law. M., 1970.

Shestakov L.N. Mandatory norms in the system of modern international law. M., 1981.

Shurshalov V.M. International legal relations. M., 1971.

Chernichenko S.V. International law: modern theoretical problems. M., 1993.

MP functions

The functions of international law are generally considered to include the following: coordinating, regulatory. protective.
The coordinating function of international law is that with its help states establish generally acceptable standards of behavior in various areas relationships.
The regulatory function of international law is manifested in the adoption by states of firmly established rules, without which their coexistence and communication are impossible.

Enforcement – the adoption of norms that encourage states to comply international obligations;
The protective function of international law serves to ensure the protection of the interests of each state and the international community as a whole, and to promote international relations of a sustainable nature. Its enforcement role is manifested in the fact that international law contains norms that encourage states to follow certain rules of behavior.
Finally, international law has developed mechanisms that protect legal rights and the interests of states and allowing us to talk about the protective function of international law.
The peculiarity of international law is that in international relations there are no supranational mechanisms of coercion. If necessary, states themselves collectively ensure the maintenance of international legal order.

INTERNATIONAL PUBLIC AND PRIVATE LAW

Public international law and private international law are closely related. Public international law is an independent legal system. The norms of international public and international private law are aimed at creating legal conditions comprehensive development of international cooperation in various fields. International private law is a set of rules governing private law relations, having an international character.
The distinction between public international law and private international law can be drawn by the following reasons:
1) by content regulated relations public relations regulated by public international law are interstate in nature. Their distinctive feature is the specific quality inherent in their main subject (the state) - sovereignty. Private international law regulates relations between foreign individuals and legal entities, between individuals and legal entities and foreign state in the non-political sphere;
2) by subjects of relations - the main subjects of international public law are states, and the main subjects of private international law are individuals and legal entities;
3) by sources - the sources of public international law are international treaties, international legal customs, acts of international organizations and acts of international conferences, while the sources of private international law are the domestic legislation of each state, international treaties, international legal customs and judicial precedents ;
4) private international law includes rules of two types: substantive (directly establishing rights and obligations) and conflict of laws (referring to the national law of a particular state);
5) the procedure for resolving disputes - in public international law, disputes are resolved either state level(interstate disputes), or in specialized bodies for the protection of human rights (disputes concerning violations in the field of human rights);
6) private international law, unlike public international law and national legal systems, does not constitute a special legal system. Legal standards regulating international non-interstate non-power relations, which are the object of international private law, are, according to their source, both in national law various states, and in public international law.
The distinction between private international law and public international law is not absolute. The close connection between private international law and public international law follows from the fact that in private international law we are talking, although not about interstate relations, but still about such relations that take place in international life. Hence, a number of basic principles of public international law are of decisive importance for private international law.

Rule of international law

– a rule of conduct that is recognized by states and other subjects of international law as generally binding. The norms of international law should be distinguished from the so-called customs, or norms of international politeness (international morality), which are observed by subjects of international law in mutual relations. If international legal norms are legally binding rules of behavior, then the customs (or norms) of international politeness are deprived of the quality of legally binding ones. Violation of international law provides grounds for international legal responsibility, but violation of customs does not entail such responsibility. The norms of international politeness include most of the rules of diplomatic etiquette.
The content of the norms of international law consists of the rights and obligations vested in states and other subjects of international law. By entering into relations with each other, subjects of international law exercise their rights and comply with the obligations established by international legal norms.
Based on the content of an international legal norm, a subject of international law can judge both his own possible and proper behavior and the possible and proper behavior of other subjects of international law. An international legal norm regulates the behavior of participants in international relations, that is, it plays a regulatory role in the relationships between subjects of international law.
The rules of international law are classified on various grounds:
1) for action in relation to the circle of participants in international legal relations:
a) universal – regulate the relations of all subjects of international law and constitute general international law;
b) particular (acting among a limited circle of participants) - local (or regional) norms, although they can regulate the relations of two or several states, not only located nearby or in the same region, but also located in different parts of the world.
2) by the method (method) of legal regulation: a) dispositive - a norm within which subjects of international law can themselves determine their behavior, mutual rights and obligations in specific legal relations, depending on the circumstances; b) imperative - norms that establish clear, specific limits certain behavior. Subjects of international law cannot, at their discretion, change the scope and content of the rights and obligations provided for by mandatory norms. International practice of the twentieth century is characterized by the fact that jus cogens norms began to stand out among the mandatory norms. In accordance with Art. 53 Vienna Convention on the law of international treaties under the norm of jus cogens ( imperative norm) is understood as a norm of general international law, accepted and recognized by the international community of states as a whole as a norm, deviation from which is unacceptable; it can only be changed by a subsequent rule of the same nature.

Implementation of MP standards

Implementation is the embodiment of the norms of international law in the behavior and activities of states and other entities; it is practical implementation regulatory requirements. In official UN documents and in various publications, the term “implementation” has become widespread.

The following forms of implementation can be distinguished.

Compliance. In this form, norms and prohibitions are implemented. Subjects refrain from committing actions that are prohibited by international law. For example, subject to the 1968 Treaty on the Non-Proliferation of Nuclear Weapons, some states (nuclear weapons) do not transfer nuclear weapons or other nuclear explosive devices to anyone, as well as control over such weapons, and other (non-nuclear) states do not produce or acquire nuclear weapons or other nuclear explosive devices. In such situations, the passivity of the subjects indicates that the rules of law are being implemented.

Execution. This form presupposes the active activity of subjects in implementing norms. Execution is typical for norms that provide for specific responsibilities associated with certain actions. In this form, for example, the norms of the Human Rights Covenants of 1966 are formulated. Article 21 of the International Covenant on Civil and Political Rights, in particular, reads: “Each State party to the present Covenant undertakes to respect and ensure for everyone within its territory and under its jurisdiction over persons the rights recognized in the present Covenant...".

Usage. In this case, we mean the implementation of the provided opportunities contained in the norms of international law. Decisions on the use of regulations are made by subjects independently. In this form, the so-called enabling norms are implemented. Unlike the first two cases, there is no strict prescription for specific behavior (action or abstinence from it). So, in Art. Article 90 of the UN Convention on the Law of the Sea states: “Every State, whether coastal or landlocked, has the right to have ships flying its flag sail on the high seas.”

International legal relations

The result of the implementation of international legal norms is international legal relations - relations regulated by these norms.

The composition of international legal relations is formed by subjects, content and objects.

Subjects of legal relations are understood as participants in legal relations who have international subjective rights and legal obligations. Subjects of international legal relations can be states, nations fighting for independence, international organizations, state-like entities, legal entities (enterprises and organizations), individuals (citizens, foreigners, stateless persons, bipatrids), i.e. all those persons and entities whose behavior is governed by international law.

A legal duty is the proper behavior of the subject. If a subjective right can not be used, then a participant in a legal relationship does not have the right to refuse a legal obligation.

Subjective rights and legal obligations are interconnected:

the right of one participant in a legal relationship corresponds to the obligation of another.

Subjective rights and legal obligations are aimed at what is called the object of the legal relationship.

When characterizing international legal relations, it should be taken into account that legal relations are impossible without legal facts.

Existing international legal relations are extremely diverse.

Depending on the functional purpose of international norms, one can distinguish between regulatory and protective international legal relations. Regulatory legal relations are relations that arise on the basis of international law that establishes the rules of conduct for subjects. These relations arise from the lawful behavior of participants in international communication. Protective legal relations arise as a result of unlawful behavior of subjects and are intended to restore violated rights and punish the offender.

You can also distinguish between material and procedural legal relations. Material legal relations establish the rights and obligations of the subjects of legal relations. Procedural legal relations arise on the basis of procedural rules and fix the procedure for exercising rights and fulfilling obligations, the procedure for resolving disputes and considering cases of offenses.

According to the subject composition, interstate legal relations and non-interstate legal relations are distinguished (see § 2 of this chapter).

The form distinguishes between international legal relations in the proper sense of the word (i.e., relations in which the rights and obligations of their participants are specifically and clearly recorded) and legal relations - states (i.e., relations in which the rights and obligations are of a generalized nature, for example, citizenship status).

Based on the time of existence, one can distinguish between fixed-term and indefinite legal relations (for example, when concluding unlimited contract between states).

International treaty

Article 2 of the 1969 Vienna Convention on the Law of Treaties provides that international treaty– an international agreement concluded by subjects of international law in writing and governed by international law, regardless of whether such an agreement is contained in one document, in two or more related documents, and regardless of its specific name.

The Vienna Convention covers contracts concluded in writing. However, states can also enter into agreements orally. Oral agreements are called “gentlemen’s agreements.” They have the same force as contracts concluded in writing.

An international treaty is the main source of international law, important tool implementation of the external function of states. Interstate organizations are established and function on the basis of international treaties. Changes that occur in the law of international treaties inevitably affect other branches of international law.

International treaties form legal basis interstate relations, contribute to the maintenance of universal peace and security, the development of international cooperation in accordance with the goals and principles of the UN Charter.

The object of the law of international treaties is the international treaties themselves. They contain the mutual rights and obligations of the parties in political, economic, scientific, technical, cultural and other fields.

International treaties are classified on various grounds:

by circle of participants:

a) bilateral;
b) multilateral, which are divided into:

– universal (general) treaties in which all subjects of international law participate or may participate, the object of such treaties is of interest to all subjects of international law;

– agreements with a limited number of participants are regional or particular agreements in which the number of participants is limited;

According to the object of regulation, agreements are divided into agreements on political, economic, legal issues, on issues of transport and communications, etc.;
based on the possibility of participation:

a) closed – charters of international organizations, bilateral treaties. Participation in such treaties for third states presupposes the consent of their participants;
b) open - any state can participate, and such participation does not depend on the consent of the parties to the agreement;

Law of the Russian Federation of July 15, 1995 101-FZ “On International Treaties of the Russian Federation” provides for the following classification of treaties:

a) international agreements concluded on behalf of Russian Federation;
b) intergovernmental agreements concluded on behalf of the Government of the Russian Federation;
c) interdepartmental agreements concluded by Russian departments within the limits of their powers.

International custom

The characteristics of this source of international law are given in the above-mentioned article. 38 of the Statute International Court of Justice UN: international custom is “evidence of a general practice accepted as law.”

The custom acquires legal meaning as a result of homogeneous or identical actions of states and a certain way of expressing their intention to give such actions normative significance. Long-term repetition, i.e. sustainable practice, is the traditional basis for the recognition of custom as a source of law (such, for example, becoming a source of custom in relation to historical gulfs of states). However, it is possible for custom to emerge as a source of law in a short period of time (this happened with the almost instantaneous recognition by states of the freedom to use outer space, which later received treaty codification).

The specificity of international legal custom is that, unlike a treaty, it does not represent official document with clearly stated rules, but this in no way indicates the “illusiveness” of the custom. It is recorded in the foreign policy documents of states, in government statements, in diplomatic correspondence, acquiring visible outlines, although not as formalized as in the treaty, which is why understanding its content is more complex and contradictory.

International law provides no basis for the assumption of different legal force custom and convention in favor of the contract. Treaty and custom are equally binding on those states (subjects in general) to which they apply.

Since during the transition from custom to treaty, a new source replaces the previous one, only for the states participating in the treaty are typical situations when both sources are applied simultaneously on the same issue - both an international treaty and an international custom, but each in relation to “its own” group of states. For example, the rules governing diplomatic immunities, stem from the Vienna Convention on Diplomatic Relations for states participating in it and from centuries-old custom for states not participating for any reason in the Convention.

At the same time, many treaties formulate provisions on the preservation and further application of customs on issues not resolved in the treaties. Thus, the preamble of the Vienna Convention on Diplomatic Relations confirms that the norms of international customary law will continue to regulate matters not expressly covered by the provisions of this Convention."

When comparing treaty and custom as sources of international law, it should be borne in mind that a treaty concentrates a certain set of thematically homogeneous norms, and custom is almost always one norm, as a result of which the concepts of custom as a norm and custom as a source of law are intertwined.