Читать курсовая по основам права: "The state as a subject of international law" Страница 2

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according to the agreement between the USSR, USA, Britain and France. Also in this category of subjects can be ranked and gone down in history "free city" - Krakow (1815-1846), Danzig (1920-19Z9), Free Territory of Trieste (1947-1954) and others.- this is a special organization of political power, with its special apparatus (mechanism) of the Management Board to reach its normal functioning. 6are signs required of a sovereign state as a subject of international law:) population;) territory;) the power that is able to independently control the population within its territory and to participate in legal relations with other states;) sovereignty.are some kinds of states:states - independent of political control in other states, as well as the ability to independently enter into agreements with other subjects of international law;

Rudimentary state, do not have all the features peculiar to an independent state;

Dependent states legally ceded to another subject of international law own powers in foreign policy and international relations, including:

Colony under foreign subjugation or separately administered territory, "the peoples of these territories are not made ​​until the absolute self-government";

Trust Territories of the United Nations, to which Chapters XII and XIII of the UN Charter. The international structure of guardianship included: the Pacific Islands (1947), Nauru (1947), Somalia (1950), Namibia - the territory of South West Africa (1966). Currently, all these territories became independent;

"Associated state" provided under the agreement to another public education for the implementation of the right to own inner self and external international relations, as a rule, under the guarantee of their own safety, or the acquisition of financial and economic support.of the new sovereign state entities - subjects of international law often happened as a consequence of the military and revolutionary action. Thus, in the XIX century. a group of cantons tried to secede from Switzerland, founded his union - Sonderbund (Special Union). They once again returned to the federation through armed forces. In the US desire to exit the eleven southern states of the federation filed a civil war of 1861-1865. After World War II stationed at the site of colonies and overseas possessions was formed more than 100 autonomous public entities. 7formation of a new subject of international law is possible in three ways:two or more public entities. For example, in 1964, of two states - Tanganyika and Zanzibar - Tanzania was founded;division of the state into several parts. For example, in 1960 the Federation of Mali is divided into two public education - Mali and Senegal, which then joined with The Gambia to form the confederation of Senegambia, ceased to exist in 1988. In 1965, Singapore was allocated from the Federation of Malaysia. In 1971, Bangladesh (Bengal) as a result of military conflict broke away from Pakistan. In the 1990s, there was the collapse of the socialist system of public entities. First, Slovenia and Croatia seceded from Yugoslavia, and by 2002, and Yugoslavia itself ceased to exist, having broken into Serbia and Montenegro. Czechoslovakia disengaged at two public education: the Czech Republic and Slovakia. The Soviet Union, which was formed in 1922, broke up in 1991, and it stood out from the beginning, Latvia, Lithuania and Estonia, and then in the end the Belavezha Accords declared themselves autonomous states, Russia, Belarus, Ukraine. Later, and other Confederated republics - Azerbaijan and Armenia (unleashed the military conflict with each other because of the Karabakh), Georgia (from which as a result of hostilities became independent Abkhazia and South Ossetia), Kazakhstan, Kyrgyzstan, Moldova (in the investigation hostilities from the partition Transdniestrian Republic), Uzbekistan and Tajikistan;or formation of new state entities. For example, the UN General Assembly in 1947 adopted a resolution №181, according to which the Palestinian territories are required to be based two independent states - Arab and Jewish. The fulfillment of this resolution the UN lasted almost 60 years. Military conflicts are drawn to this day in Palestine and the State of Israel. 8his own polity subjects of international law are divided into simple (unitary) and complex (federations, confederations). Federation appear on the international scene as a single subject of international law. The members of the current majority of federations not appear as subjects of international law. Members of the Federation may be subjects of international law only if the legislation of the Federation takes them this property.of the Russian Federation does not have international legal personality of the Constitution, which stipulates that the jurisdiction of the Russian Federation have the "federal structure and the territory"; "Foreign policy and international relations of the Russian Federation, international treaties of the Russian Federation; issues of war and peace "; "Foreign economic relations". Yet to the general jurisdiction of the Russian Federation and its subjects are ranked as "the coordination of international and foreign economic relations of the Russian Federation, pursuant to international treaties." 9provision in the Soviet Union there was according to the Constitution of the USSR: The Federal Republic was an independent Soviet socialist state formation. She independently implemented the state power in its own grounds, with its own constitution, to appoint its own administrative-territorial unit, had the right "to enter into relations with foreign states and to conclude agreements and exchange diplomatic and consular representatives, as well as had the opportunity to participate in the affairs of international organizations." For example, the Ukrainian SSR and Byelorussian SSR in 1947 were signed peace treaties with Italy, Finland, Bulgaria, Romania, Hungary; It is


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