1. Summarize the peculiarities of a branch of international law: define the subject, main principles and institutions thereof.

2. Make a list of cases when norms of the branch shall be applied.

UNIT IV

MAIN PRINCIPLES OF INTERNATIONAL LAW

LEAD-IN

I. Answer the questions:

1. How can the term “principle” be defined?

2. What is the difference between legal rules (norms) and principles (if any)?

3. What are the general principles of law?

II. Comment on the following:

1. The peace guaranteed by the law is not a state of complete absence of force, a state of anarchy. It is the state of a force monopoly, namely the force monopoly of the legal community (Principles of International Law by H. Kelsen).

2. Important principles may, and must, be inflexible. (Abraham Lincoln, the 16th President of the United States).

3. Expedients are for the hour, but principles are for the ages. (Henry Ward Beecher, American Congregationalist clergyman, social reformer, and speaker).

4. Policies are many, Principles are few, Policies will change, Principles never do. (John C. Maxwell, speaker, and pastor).

Reading

I. Read the text. Main principles of international law

International law is a system insofar as it is bound together by the application of a limited set of formal sources and of instruments to apply them, such as rules of interpretation, as well as a few basic principles such as pacta sunt servanda.

Main principles of international law, occupying a special place in the system of international rules are the most important, common and indigenous rules of international law. They have the supreme legal force (are mandatory norms of jus cogens, i.e. cannot be changed by agreement of subjects of international law), and therefore have a universal scope of action. Basic principles of international law should not be seen separately, and in view of their interdependence, complex character.

Principle of sovereign equality of states:

This principle received its consolidation in Paragraph 1 Article 2 of the UN Charter, the Declaration on Principles of International Law, the Final Act of the Conference on Security and Cooperation in Europe. States are obliged to respect the sovereign equality and uniqueness of each other, and all rights inherent in state sovereignty, in particular the right of every state to juridical equality, the territorial integrity, to freedom and political independence.

Principle of prohibition of threat or use of force:

This principle got its commitment in Paragraph 4 of Article 2 of the UN Charter, the Declaration on Principles of International Law, the Final Act of the Conference on Security and Cooperation in Europe. States must refrain from the use of force (or threat of force) in international relations, for purposes incompatible with the UN Charter. Only two grounds for the lawful use of force in international relations under the UN Charter are known:

-by decision of the UN Security Council to maintain or restore international peace and security (Article 42 of the UN Charter);

-the right of states to individual or collective self-defense if the state was subjected to armed attack, with immediate notification of the UN Security Council (Article 51 of the UN Charter).

Principles of territorial integrity and inviolability of borders:

These principles are enshrined, in particular, in the Final Act of the Conference on Security and Cooperation in Europe, derived from the generally recognized principles of sovereign equality of States, use of force (threat) in international relations. States must refrain from any claims or actions aimed at seizing and usurpation of part or all of the territory of another state.

Principle of peaceful settlement of disputes:

Peaceful settlement of disputes between states is enshrined in Paragraph 3 of Article 2 of the UN Charter, the Declaration on Principles of International Law, the Final Act of the Conference for Security and Cooperation in Europe.

Principle of non-interference in internal affairs:

Intervention in the internal affairs of states is not permitted under Paragraph 7 Article 2 of the UN Charter, Declaration on Principles of International Law, the Final Act of the Conference on Security and Cooperation in Europe.

The Declaration, in particular, noted that no state may use or encourage the use of economic, political measures or any other character in order to achieve the subordination coerce another state in the exercise of its sovereign rights and to obtain him any advantage it; prohibits assistance in the implementation armed and subversive activities aimed at changing the regime of another state intervention in civil strife in another state. In other words, the intervention means actions of one state, affecting matters within the exclusive jurisdiction of another State, without consent of the latter.

Principle of respect for human rights and fundamental freedoms:

This principle, arising from the humanistic orientation of modern states, goals international cooperation, indicated in Paragraph 3 of Article 1 of the UN Charter, is enshrined, in particular, in the Final Act of the Conference on Security and Cooperation in Europe. States are obliged to respect recognized rights and fundamental freedoms, including freedom thought, conscience, religion and belief to all without distinction as to race, sex, language, and religion.

Principle of equality and self-determination of peoples:

Principle of equality and self-determination of peoples mentioned in Paragraph 2 of Article 1 of the UN Charter, developed in Declaration on Principles of International Law and the Final Act of the Conference on Security and Cooperation in Europe. By virtue of the principle equality and self-determination of peoples, all peoples of the Earth are free to determine, without external interference, their political status and to their economic, social and cultural development. Moreover, by virtue of this principle, the peoples struggling for independence and statehood, under certain circumstances, to claim the status subjects of international law and, thus, on international legal recognition their personality.

Principle of interstate cooperation:

International cooperation is one of the goals of the UN (Paragraph 3 Article 1 of the UN Charter), designated as the principle of international law, in particular, the Declaration principles of international law and the Final Act of the Conference on Security and Cooperation in Europe. States are obliged to cooperate with each other, regardless of their political differences, economic and social systems in different fields of international relations to maintain international peace and security and promoting international economic stability and progress, the general welfare of nations and international cooperation, free from discrimination, which has in based on such differences.

Principle of faithful fulfillment of obligations under international law:

Principle faithful implementation of international obligations is a fundamental rule in international law, as reflected, inter alia, relevant provisions of the Declaration of Principles of International Law and Final Act of the Conference on Security and Cooperation in Europe.