The principle of territorial integrity in the international. Characteristics of the principle of territorial integrity of states and the principle of inviolability of borders

RUSSIAN LEGISLATION

Russia has a number of acts relating to issues of interaction with other states in the context of national security and military threats.

These include, in particular: the Federal Constitutional Law “On Martial Law” of 2002; federal laws“On the destruction of chemical weapons” 1997, “On defense” 1996, “On the state border of the Russian Federation” 1993, “On mobilization preparation and mobilization in the Russian Federation” 1997, “On military-technical cooperation of the Russian Federation with foreign states” 1998, “On the fight against terrorism” 1998, “On combating the legalization (laundering) of proceeds from crime and the financing of terrorism” 2001, “On security” 1992, “On the use of atomic energy” 1595; The concept of national security of the Russian Federation (Presidential decrees of 1997 and 2000), etc. The 1995 Law “On the procedure for the provision by the Russian Federation of military and civilian personnel to participate in activities to maintain peace and security” provides (Article 11), for example, that the provision armed contingents by Russia are carried out on the basis of a special agreement with the UN Security Council.

For states, there is, perhaps, nothing more important than their territory. Territory is the living space of the population, nations (peoples), and state. Territory is the material basis for the existence of a state, the geographic habitat of its population and the spatial limit of its implementation. public authority legal supremacy. This is value number one in the hierarchy of public values ​​and state interests.

The purpose of the principle is to protect the territory of the state from any encroachment.

However, the very name of the principle under consideration has not yet been established: in international treaties and literature, the name of the principle indicates both both elements - inviolability and integrity, and each of them separately.

Both of these elements are close in meaning, but their legal content is different.

Territorial integrity- this is the protection of the territory of the state from any encroachment from the outside; no one should encroach on the territory of a state with the aim of full or partial occupation or occupation, or penetrate its surface, underground, sea or air space against the will of the authorities of that state.

Territorial integrity- this is a state of unity and indivisibility of the territory of the state; no one should encroach on its territory with the aim of completely or partially disrupting its unity, illegal dismemberment, separation, rejection, transfer or annexation of all or part of it to the territory of another state.

Thus, the concept of “territorial integrity” is broader than the concept of “territorial integrity”: an unauthorized intrusion by a foreign aircraft into the airspace of a state will be a violation of its territorial integrity, although the territorial integrity of the state will not be violated.

Principle territorial integrity states can be considered a kind of continuation of the principle non-use of force.

The UN Charter (Article 2, paragraph 4) states that states must refrain from the threat or use of force “against territorial integrity" any state. Territorial integrity is the basis political independence, therefore, these two concepts often go side by side.

The principle of territorial integrity of states is enshrined in the Final Act of 1975. There is no such principle in the UN Charter.

Article 2(4) of the UN Charter enshrines the duty of UN members to refrain from the threat or use of force against, among other things, “the territorial integrity or political independence of any state.”

Strictly speaking, in this case territorial integrity(like political independence) is not formally named as a principle of international law. She is only the object of the principle of refraining from the threat or use of force. However, it is with the adoption of the UN Charter, it is generally accepted that there is international law the principle of territorial integrity.

The concept of territorial integrity of states was put forward in the period after the Second World War by developing countries in response to the desire of the colonial powers to impede the national liberation movement of the colonies and attempts to fragment their territories. The expression of this opposition was the Bandung Declaration for the Promotion of Universal Peace and Cooperation of 1955, which, among the principles of cooperation between states, indicated the need to “refrain from acts of aggression or the use of force against the territorial integrity or political independence of any country.”

This formula does not coincide with the text of paragraph 4 of Art. 2 of the UN Charter. This, however, does not mean that developing countries are abandoning the principle of territorial integrity in favor of the principle of territorial integrity, but the further development of the latter. Subsequently, the “Bandung formula” quickly became widely used in bilateral agreements. Examples include the Soviet-Indian Statement of June 22, 1955, the Polish-Indian Communiqué of June 25, 1955, the Soviet-Vietnamese Communiqué of July 18, 1955, the Joint Statement of India and Saudi Arabia dated December 11, 1955, Soviet-Afghan statement of December 10, 1955, Soviet-Belgian communiqué of November 2, 1956 and a number of other documents of this kind.

In the Declaration of Independence colonial countries and peoples, adopted by the UN General Assembly

December 14, 1960, it is especially noted that “all peoples have an inalienable right to ... the integrity of their national territory,” and any attempt aimed at the complete or partial destruction of the national unity and territorial integrity of the country is incompatible with the purposes and principles of the UN Charter .

The Declaration of Principles of International Law, adopted by the UN General Assembly on November 4, 1970, states that every state must refrain from any action aimed at the partial or total violation of the “national unity or territorial integrity” of any other state.

A significant step in the progressive development of this principle was the documents of the Conference on Security and Cooperation in Europe in 1975) In particular, in Art. IV Declaration of Principles, included in the Final Act of the Conference, speaks of respect for “territorial integrity”, “political independence”, “unity of any participating state”.

The principle of territorial integrity is enshrined in the Joint Declaration on the Fundamentals of Relations between the Russian Federation and the Chinese People's Republic dated December 18, 1992, in the Treaty on the Fundamentals of Interstate Relations, Friendship and Cooperation between the Russian Federation and the Republic of Uzbekistan dated May 30, 1992 (Article 1), in the Preamble and Art. 2 of the Charter of the Organization of African Unity, art. V Pact of the League of Arab States, etc.

Recently, a complex formula has been used more often - the principle of integrity and inviolability of state territory.

The territory serves as the material basis of the state. Without territory there is no state. Therefore, states pay Special attention ensuring its integrity. The UN Charter obliges us to refrain from the threat or use of force against the territorial integrity of the state (Part 4 of Article 2). The 1970 Declaration does not highlight this principle as an independent one. Its content is reflected in other principles. The principle of non-use of force obliges us to refrain from the threat or use of force against the territorial integrity of any state. Political, economic or other pressure cannot be used for this purpose.

The territory of a State must not be the subject of military occupation resulting from the use of force in violation of the UN Charter, or the subject of acquisition by another State as a result of the threat or use of force. Such acquisitions are not recognized as legal.

The latter provision does not apply to treaties on territorial issues concluded before the adoption of the UN Charter. A different situation would call into question the legality of many long-established state borders. The legality of the seizure of part of the territory of states responsible for the outbreak of World War II is recognized by the UN Charter (Article 107). The CSCE Final Act of 1975 highlighted the independent principle of territorial integrity, the content of which reflects what was said earlier. Territorial integrity is spoken of in the constituent acts of regional associations. The Charter of the Organization of American States defined the protection of territorial integrity as one of the main goals (Article 1). A similar provision is contained in the Charter of the Organization of African Unity (Articles 2 and 3). The principle in question is also reflected in constitutional law. According to the Constitution: " Russian Federation ensures the integrity and inviolability of its territory" (Part 3, Article 4).

The principle of inviolability of borders complements the principle of territorial integrity. In the 1970 Declaration, its content is set out in the section on the principle of non-use of force. “Each State has the obligation to refrain from the threat or use of force to violate the existing international boundaries of another State or as a means of settling international disputes, including territorial disputes and questions relating to state boundaries.”

States are obliged to refrain from the threat or use of force to violate not only borders, but also demarcation lines. This refers to temporary or provisional boundaries, including armistice lines. This applies to lines that have a legal basis, i.e. those that are established and comply with an interstate treaty or which the state is obliged to comply with on other grounds. It is stipulated that adherence to this rule does not prejudice the position of the states concerned regarding the status and consequences of the establishment of such lines. There is reason to believe that this rule also applies to permanent borders, since the principle of non-use of force does not oblige the recognition of existing borders.

The principle of the inviolability of borders was formulated as an independent principle by the CSCE Final Act of 1975. Moreover, its content goes beyond the principle of non-use of force. The content of the principle includes the obligation to recognize the inviolability of all state borders in Europe. It is known that the defeated states did not fully recognize the borders established as a result of the Second World War.

The participating states have undertaken to refrain from any demands or actions, not just those backed by force, aimed at seizing part or all of the territory of other states. At the same time, it is possible to change borders in accordance with international law, by agreement. In this way, the borders of the Federal Republic of Germany were revised, which included the territory of the GDR.

Associated with the principle of the inviolability of borders is the rule uti possidetis (as you own), which is used when determining the borders of newly formed independent states. According to the rule, pre-existing administrative boundaries with the formation of independent states within their borders, they become interstate. It was used to define the boundaries of newly independent states during mass decolonization after World War II. In 1964, the Organization of African Unity confirmed the applicability of the rule to the borders of African states. On its basis, the borders between the former Soviet Union republics were also recognized, despite the fact that they are not always fair and were not always legally established at the time. The rule was also applied when resolving the issue of borders in the territory of the former Yugoslavia. This rule has been applied many times International Court of Justice UN in resolving territorial disputes. At the same time, the Court emphasized that it is a generally recognized norm of international law

B.15 The principle of peaceful resolution of disputes: concept and normative content. Mechanisms for implementing this principle

The principle of peaceful resolution of disputes is enshrined in the UN Charter (Article 2.3) and all international instruments setting out the principles of international law. A number of resolutions of the UN General Assembly are dedicated to it, among which the 1982 Manila Declaration on the Peaceful Settlement of International Disputes is especially significant.

The 1970 Declaration of Principles of International Law contains the following general statement of principle: “Each State shall settle its international disputes with other States by peaceful means so as not to endanger international peace and security and justice.” In the same spirit, the principle is enshrined in regional instruments, in the charters of the Organization of African Unity, the Organization of American States, as well as in the North Atlantic Treaty.

The principle obliges states to resolve any interstate disputes by peaceful means. The principle does not apply to disputes in cases that are essentially within the internal competence of any state (the principle of non-intervention). The parties to the dispute do not have the right to refuse a peaceful settlement.

It is noteworthy to note the connection between the concepts of “peace” and “justice”. Only in peace can justice be ensured. Only a fair solution leads to peace. A just world is durable. Unfair decisions carry the seeds of future wars. Therefore, justice is recognized as a necessary principle of world order.

In the new conditions, the interests of ensuring peace require not only resolving existing disputes, but also preventing their occurrence. Conflict prevention is acquiring particular importance. Conflict prevention requires less effort than its subsequent resolution. Preventing the deepening of the conflict is also achieved through peaceful means. The UN is called upon to play a special role in preventive diplomacy. A number of General Assembly resolutions are devoted to this problem. Central among them is the Declaration on the Prevention and Resolution of Disputes and Situations That May Threaten International Peace and Security and the Role of the UN in this Area (1988). The Declaration emphasizes the principle of the responsibility of states to prevent and eliminate disputes and dangerous situations.

An important element of the principle under consideration is the principle of free choice of means of peaceful resolution of disputes, which has been repeatedly emphasized by the International Court of Justice. In the Order on Preliminary Measures in the Case on the Legality of the Use of Force (Yugoslavia v. United States), the Court, expressing its concern about the use of force in Yugoslavia, which raised serious problems of international law, stated that any dispute about the legality of the use of force must be resolved by peaceful means, the choice of which , according to Art. 33 of the UN Charter, belongs to the parties. At the same time, the Court emphasized another important aspect principle of peaceful resolution of disputes - “the parties must take care not to aggravate or expand the dispute.”

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

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

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

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

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

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

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

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