International personality: definition of the concept

предполагает подчиняемость непосредственно общемировым нормам. The legal subjectivity of subjects of international law presupposes subordination directly to universal norms. It manifests itself in the presence of appropriate duties and legal capabilities. These categories, in turn, are determined by conventional and contractual norms. . Let us consider in more detail the concept of international personality .

General information

Primary subjects of international legal norms are considered carriers of corresponding duties and legal possibilities due to their sovereignty. He makes them independent, predetermines their participation in the relations arising on the world stage. , отсутствуют. It is worth saying that there are no norms according to which the international legal personality of peoples and nations arises. There are only provisions with which it is confirmed from the moment of its appearance. не находится под влиянием чьей-либо воли. In other words, the international legal personality of peoples and nations is not influenced by anyone's will. By its nature, it has an objective character.

Signs of participants

возникает у коллективных образований. The international legal personality arises in collective entities. Each of them has elements of organization. So, for example, the state has a management apparatus and realizes power, the population of any territory, which stands for its independence, is a political body that represents it both inside and on the world stage. When exercising their powers, the participants in the relationship have relative autonomy and do not obey each other. Each subject has its own international legal status. They enter into a relationship in their own name. позволяет участвовать в выработке и принятии норм, распространяющих свое действие на мировое сообщество. At the same time, international personality allows participation in the elaboration and adoption of norms that extend to the international community. The key element in the implementation of this legal capacity is capacity. Subjects are not just addressees of international law, but also participants in its formation.

Explanations

имеет место только при наличии всех признаков, указанных выше: International personality takes place only in the presence of all the features indicated above:

1. Possession of duties and legal opportunities arising from world norms.
2. Existence in the form of collective education.
3. Direct participation in the creation of norms.

In the opinion of lawyers, in the absence of any one of these features, one can not speak of the existence of an international legal personality in the exact meaning of the concept. The main opportunities and responsibilities characterize the general status of all participants in relations on the world stage. Responsibility and rights, which are assigned to certain subjects (international organizations, countries, etc.), form special statuses for this category. The complex of legal opportunities and responsibilities of a particular participant forms an individual position on the world stage. Accordingly, the legal status of different subjects is not the same. This is due to the different volume of norms that apply to them, and the range of relationships to which they can be attracted.

The international legal personality of states

Countries act as the main participants in relations on the world stage. возникает в силу непосредственно факта их существования. Their international legal personality arises from the very fact of their existence. In any country there is a management apparatus, authorities. States occupy certain territories on which the population lives. The key feature of the country is sovereignty. It is a legal expression of independence, independence of the state, equality in interaction with other powers.

Sovereignty

It has international legal and internal aspects. The first means that in the international arena as a party to the relationship is not a government agency or an individual, but the whole country. The internal aspect reflects the territorial supremacy, the political independence of the authorities on the territory and beyond. The basis of the international legal status of the state includes legal opportunities and responsibilities. The 1970 Declaration establishes a set of requirements for countries. In particular, each state is charged with observing the norms of world law, respecting the sovereignty of other powers. Sovereignty also assumes that no obligation can be imputed to a country without its consent.

International personality of nations

It has an objective character, that is, exists regardless of someone's will. In accordance with the norms in force in the world, the people of any territory are guaranteed the right to self-determination, free choice and development of socio-political status. The principle of self-determination of one's own path acts as a key normative provision.

With the approval of the UN Charter, the international legal personality of the people was finally established as a legally established category. It was concretized by the Declaration on the Granting of Sovereignty to Colonial Countries of 1960. In modern law there are norms that confirm the legal personality of nations fighting for independence. They are under the protection of the world community, they can use coercive measures against those forces that create obstacles to obtaining sovereignty. Meanwhile, the use of these mechanisms does not act as the sole and main manifestation of the legal personality. A participant in relations in the world arena can only be recognized as a community that has its own political organization that implements power. In other words, there must exist a pre-state form: the people's front, the population in the controlled territory, the rudiments of government bodies and so on.

Self-determination

At the present time, the question of the development of nations freely established political status is being discussed. In modern conditions, the principle of the right to self-determination requires harmonization with other norms. In particular, we are talking about respect for sovereignty and non-interference in the internal affairs of other parties to the relationship. A nation that fights for independence, interacts with other countries and peoples. Entering into a specific relationship, she receives additional legal opportunities and protection.

Special category of participants

. Special attention should be paid to the legal personality of international organizations . In particular, we mean intergovernmental associations. They are communities created by primary participants in world relations. Non-governmental organizations are usually established by citizens and legal entities. They are considered as public associations "with a foreign element". Their statutes are not international treaties. At the same time, non-governmental associations can be granted special status in intergovernmental communities. In particular, the UN is an example. Thus, the Inter-Parliamentary Union is given the status of the first category in the Social and Economic Council of Organizations. Non-governmental organizations, however, can not participate in the creation of the norm. Accordingly, they do not have full international legal personality.

Sources

возникает из их учредительной документации. The legal personality of international organizations arises from their constituent documents. It includes statutes. They are adopted and approved in the form of an international treaty. Derived participants in relations on the world stage are endowed with a limited range of legal opportunities and responsibilities. обуславливается признанием их со стороны первоначальных сторон взаимодействий. This "partial" international legal personality is conditioned by their recognition by the original sides of interactions.

Legal possibilities of associations

International intergovernmental organizations have the right:

1. Participate in the development and approval of standards.
2. Through their bodies, implement individual powers related, including with the adoption of decisions that are mandatory for implementation.
3. Use the privileges and immunities granted to both the organization as a whole and its individual employees.
4. To consider conflicts between the participants, and in some cases also with countries not represented in the dispute.

Charter

It defines the purpose of the organization's work, provides for the formation of a certain management structure, formulates the competence limit. The presence of permanent organs permanently ensures the independence of the will of association. The international community participates in interaction with other entities on its own behalf. All associations are obliged to observe universal norms. The activities of the regional communities must be compatible with the principles and objectives of the United Nations. Intergovernmental organizations are not endowed with sovereignty. They are formed by independent countries, in accordance with the norms of world law, are given certain competence, the limits of which are fixed in the constituent documents.