Читать курсовая по основам права: "The state as a subject of international law" Страница 3

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a founding member of the UN and 26 June 1945 in conjunction with the Union of Soviet Socialist Republic adopted the Charter of the United Nations. To all external relations of the Union republics possessed the Ministries of Foreign Affairs.republics are autonomous public entities and significant subjects of international law. In founded in 1996, the Union of Belarus and Russia, too, there were joint bodies, decisions which could be binding on these countries, which are autonomous subjects of international law.10main feature of the state - a state sovereignty in connection with what is presented as the main subject of international law.Sovereignty - the most important political and legal property of public entities. The rule of state power in its own territory and independence of public entities in the international arena is its main legal characteristics.- full and exclusive authority of the state over a certain territory and obedience of the individual and the power of social communities residing within that territory. The sovereignty of the state means that one can not, citing the judgment or any internal or external nature, to try to impose on other nations as they need to manage their internal affairs. 11independence of public entities found in his disobedience, whatever that may be, other state law enforcement. The external aspect of state sovereignty is his right and the ability to consist in its relations with other states and to conduct a foreign policy without a dictatorship and pressure from outside, without the intervention and control in other countries. The independence of public entities on the international scene - not unlimited freedom of action and freedom, limited objective recognized and generally binding principles and norms of international law. The independence of the state represents only an independent state by the rule of law of a State, and not from the universally recognized norms and the current position of international law.implementing its own internal and foreign policy of every state is obliged to have respect for the sovereignty of other public entities and follow the universally recognized norms and principles of international law. Honoring the sovereignty of other states provide the international legal order, and, on the contrary, the violation of the sovereignty of other public entities is capable of providing a violation of international order and security. Sovereignty is not only entitles the government to find a solution to its stand-alone internal and external problems, but also gives each public education obligation to consider the interests of other states, as well as the principles of international law. State sovereignty is not only carried out a set of rights and responsibilities. 12Forces and other troops, police and national security forces are to defend the sovereignty of Russia.represents an integral feature of sovereignty, expressing the competence of public entities to hear criminal, civil and other matters, as the activities of state bodies that ensure implementation of national legislation. On the territory of the State implements its own jurisdiction in absolute volume, but in some areas of the state perform limited jurisdiction. Thus, according to the Outer Space Treaty (1967) The State has launched a space object, provide the jurisdiction and control of the subject and the object of every crew during his stay in space, also on a celestial body (Art. VIII). Coastal State has jurisdiction in the exclusive economic zone in connection with the creation and use of artificial islands, installations and structures, marine scientific research, protection and preservation of the marine environment (United Nations Convention on the Law of the Sea, Art. 56). On the continental shelf of a coastal state education takes sovereign rights for the purpose of exploration and exploitation of natural resources of the shelf (Art. 77), also exercise jurisdiction over the organization and use of artificial islands, installations and structures (Art. 80). The state also implements jurisdiction over its own citizens and property, if they are located in the no man's land (eg, in Antarctica). 13judgment of the international legal personality of the colonial countries and nations represented in the Declaration of the UN General Assembly (1960), which declared the need to eliminate colonialism and neo-colonial domination define each is international law. The decision of the UN General Assembly №54 from 21 February 1984 approval and preservation of colonial rule proclaimed an international crime.Legitimate combating required to keep under the base of the legitimate authorities who obey the law of the armed forces. The struggle for the separation of the territory from the general public education is referred to as separatism. This concept is not identical to the struggle against the colonial system. The separatists can not claim the status of a belligerent nation as a subject of international law and have legal capacity:) it is in a relationship with other subjects of international law;) conclude with them international agreements, according to which they undertake certain rights and obligations;) to exchange official missions;) have its own representation in international institutions.

. THE SOVEREIGNTY AS THE BASIS OF THE RIGHTS AND DUTIES OF THE STATE

and legal aspects of state power, means its supremacy and fullness in the country, independence and equality of the outside is referred to as the sovereignty of the state. There are two features of state sovereignty:

> Domestic: which forms the supremacy and fullness of state authority over all other authorities in the political structure of society, its monopoly on legislation, administration and jurisdiction within the country within the entire state 'territory;

> Foreign: expressed in the independence and equality of states as a subject of international law in


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