UNIVERSITY of WORLD(GLOBAL) ECONOMY And ДИПЛОМАТИИ
FACULTY of the international LAW And COMPARATIVE LEGISLATION
ON THE SUBJECT OF: ECONOMIC SANCTIONS In МП
Work has executed: the student of group 1-3а-94. Хасанов Д
The scientific chief: Саидов
Р.Т кан. Юрид. Sciences.
The adviser for foreign language: Cафарова К.А.
Глава-I. The международно-legal responsibility
1.1. General(common) concept of the международно-legal responsibility 6-14
1.2. Basis of the международно-legal responsibility 15-21
1.3. Classification of international
Глава-II. Economic sanctions as a measure of the responsibility for offences
2.1. Export embargo 40-49
2.2. Embargo on import 50-63
2.3. Additional kind of economic
The sanctions 64-69
The conclusion 70-72
The bibliography 73-75
A question on the sanctions, which should be applied to агрессору, until recently did not involve(attract) to itself of attention of wide sections and served a subject of study only of small group of the lawyers, experts on application of the sanctions a UN, and separate political figures. The question this seem especially academic, that is torn off from life. But since the end of a 1935 in connection with итало-абиссинским by the conflict, and then by beginning of the second world(global) war and present regional conflicts this question has become most urgent. This problem appears and in внешнеполитической of activity of a Republic of Uzbekistan. The president of a Republic of Uzbekistan И.А. Каримов in the performance(statement) as one of methods of the sanction of the regional conflicts offered messages of embargo on importation of arms and raw material for management of military actions in territory struggling государств1.
The question on the sanctions acquires a urgency in connection with all international conditions involved in new wars for передел of the world.
In these conditions the consolidation of forces of countries interested in preservation of the world, is the important problem. It can be made by strenghtening system of collective safety, which part are the sanctions.
As the sanctions hinder a rule(situation) агрессора, a Republic of Uzbekistan, being guided by the policy(politics) of the world, has supported system of the sanctions used by the United Nations Organization.
Some lawyers by a name of the sanctions designate usually measures directed to maintenance of observance of the law. The sanctions, as a rule, take the form of punishment for defiance of the law. A problem of the sanctions, partly превентивная, as the threat of application of the sanctions in the certain cases should keep the infringer of the law, or агрессора, from his(its) agressive actions, and partly positive, as the sanctions already after defiance of the law, or the aggressions, are false to help to restore the infringed balance. In the field of the международно-legal attitudes(relations) the question on the sanctions acquires a urgency there, where the speech goes about struggle for preservation of the world. From different promptings come to a problem of the sanctions of the states which have organized a UN, and Republic of Uzbekistan have in sphere of the international attitudes(relations) by the main problem and the purpose struggle for preservation of the world.
In the present research work I put to myself by a problem to analyse system of the sanctions stipulated by the Charter a UN, and to understand its(her) economic efficiency as on the basis of the general(common) analysis of conditions of world(global) facilities(economy), and on the basis of study of experience of application of the sanctions to some агрессорам.
With this purpose the work will be conducted in two directions which have received the reflection in two chapters of work. Each chapter will consist of three sections. In the first chapter will be происследованы questions of the международно-legal responsibility, general(common) concept, basis of the responsibility and classification of international offences. In the second chapter all kinds of economic sanctions (export embargo, embargo on import, reparation, restitution, репрессалии, субституции etc.) used to the states to the offenders will be directly considered.
Глава-I. The международно-legal responsibility
1.1. General(common) concept of the международно-legal responsibility
The международно-legal responsibility is a set of the legal attitudes(relations), which arise in the modern international law in connection with an offence, соверш ё нным by any state or other subject of the international law, or in connection with damage, reasons ё нным by the state to other states as a result of lawful activity. In one cases these правоотношения can concern directly only states - offender and suffering state, in other - can mention the rights and interests of all international community. Point of view;!from the point of view of consequences these правоотношения can be expressed for want of offences in restoration of the infringed right, in reimbursement of a material loss, in acceptance of the various sanctions and other measures of collective or individual character to the state which has infringed the international responsibility, and in case of harmful consequences for want of of lawful activity - in the responsibility to make appropriate indemnification.
Правоотношения of the responsibility in the international law result from wrongful actions or inactivity of the state infringing his(its) international responsibility. With уч ё volume that, that the norms of the rights regulating questions of the responsibility, come in actions only for want of infringement of primary (material) norms, some authors name правоотношения of the responsibility as derivative, or вторичными1.
The norms regulating the responsibility of the subjects of the international law, differ from «main», or «primary», norms. The representative(representative) of the Netherlands to a Commission of the international law a UN А.Таммес fairly has noticed, that « the main norms are those, which directly influence actions of the states. Derivative norms are those, which concern to the responsibility of the states, intend for assistance to practical realization in life of an essence of the international law contained in main norms » .2 is very important to not miss from a kind, that an establishment of «primary» norm and contents of the obligation based on it(her), - one party of business, and establishment that, whether that the obligation was infringed, and if yes, what should be consequences of this infringement, - other party. Only last also is sphere of the responsibility as such. The establishment of norms of the international law named «primary» frequently requires(demands) development(manufacture) of the vast and numerous articles, whereas the question on the responsibility is connected to development(manufacture) rather of few norms sometimes carrying general(common) character. However it is necessary to agree with remark contained in one of the reports of a commission of the international law a UN that possible(probable) in this case « лаконичность of the formulation the speech ид ё т about a simple problem does not mean at all, that. Opposite(on the contrary), in connection with each moment вста ё т set of complex(difficult) questions, each of which should be considered, for all of them influence choice of the proper formulation » 1. The application of norms международно - legal responsibility results in occurrence of the new international legal attitude(relation), which derivates, on the one hand, responsibility of the state - offender to stop wrongful actions to restore the infringed right of the suffering state to reimburse of the reasons ё нный damage or to undergo to the sanctions, and on the other hand, right of the affected party to require(demand) of the state - offender of fulfilment of these responsibilities and to receive appropriate reimbursement and satisfaction.
The commission of the international law a UN, attending preparation of the project of the articles about the responsibility of the state for offences, has come to a conclusion about necessity to concentrate the efforts to researches of norms, which adjust the responsibility, and to conduct for want of it ч ё ткое differentiation between this problem and problem which consists in an establishment of «primary» norms assigning on the state the obligation, which infringement can cause ответственность.1
The contents of the obligations, закрепл ё нных in «primary» norms, can be considered for want of definition(determination) of the contents and consequences of an offence. «Primary», or main norms of the international law, and «secondary» norms of the международно-legal responsibility, it is necessary to consider in their interdependence and взаимообусловленности. Or else, without уяснения the contents of main norms and rights, following from them, and responsibilities of the subjects of the international law cannot be defined(determined) point consequences of their infringement and to differentiate categories of offences.
The consequences of infringement of the international obligation should be in dependence as from the contents of «primary» norms, to which the given international obligation is based, and from their value for all international community. It concerns first of all infringement of the obligations connected to maintenance of the international world and safety, with the right on self-determination, protection of the rights of the person, protection of an environment, which should be considered as international crimes, that is as the special category of an offence.
In the report of a Commission of the international law about work е ё to the twenty fifth session is spoken, that, when the problems concerning definition(determination) of separate categories of offences will be considered, « then there will be first of all main question on, whether it is necessary now to admit(allow) existence of the distinction based on significance of the infringed obligation for international community, whether and it is necessary, thus, to reveal within the framework of the modern international law a separate category more серь ё зных международно-illegal деяний, which, maybe, can be qualified by international crimes » 1.
Уч ё т of all changes, thus, acquires major significance for achievement of positive result in кодификации of norms and principles of the responsibility in the international law. Correct their reflection is one of laws of development of the modern international law. Кодифицированные of norm and the principles of the международно-legal responsibility should fill in formed in this area of the international law a blank. In it one of problems кодификации consists, in my opinion in the field of the международно-legal responsibility. In this work regarding necessary to touch questions of a terminology and to define(determine) a place of the международно-legal responsibility - in general(common) system of the international law. On the XXV sessions of a Commission of the international law has found expedient for a designation of an offence to use expressions « международно-illegal деяние », instead of expression «деликт» or other similar expressions, which sometimes can accept the special shade point of view;!from the point of view of some systems of the internal right. For example, the expression « международно-illegal деяние » point of view;!from the point of view of French language is, probably, more correct, than the expression « the международно-illegal sertificate(act) », by virtue of that reason, that противоправность frequently is displayed in inactivity, and the latter precisely designate by the term «sertificate»(«act»), which on сути induces on an idea on actions under it and some other reasons the commission has decided and for spanish language to use the accordingly term «hecho internacionalemente illicito», and for English language to keep the term «internationally wrongfull act», as the English term «act» does not cause such associations what this term causes in French and spanish languages.
Former soviet международно-legal literature strongly included the term « an international offence ». The replacement by his(its) new term « международно-illegal деяние », on my sight, is not caused by any necessity. All those reasonable reasons, which were resulted for change of the given term on French and spanish languages, for Russian the significances have not, as the term « an international offence » in Russian is supposed both action, and inactivity and we shall use in any case of illegal behaviour. Term « international offence » in Russian will be used for designation of action or inactivity, which can, according to the international law to be appropriated(given) to the subject of the international law and which the infringement of the international obligation have basic significance for all international community represents, the term « an international crime » will be used.
Д.Б Левин writes, that development of the international law in present period вед ё т to allocation in separate branch of the right of the international responsibility. This branch, in his(its) opinion, should be entered by(with) three main categories of norms and institutes: first, norms and institutes concerning the responsibility of the state for an international offence and determining the basis and the form of this responsibility; secondly, norms concerning the criminal liability of the natural persons for international преступления.1 In the same branch, in my opinion, the responsibility of the state for damage, reasons ё нный should enter in connection with lawful activity, which follows from other basis, than international law.
The development of the international law requires(demands) in conditions of deep changes, occurring in the world, of overcoming of considerable difficulties in searches общеприемлемого of the agreement on that, as in what area of the international attitudes(relations) it is necessary to consider(count) as the right.
With the purposes of maintenance of the general world and safety a UN is called to promote observance of such attitudes(relations) between the states and peoples, which for want of can be observed respect for the obligations following from the agreements and other sources of the international law.
1.2. Basis of the международно-legal responsibility
The basis of occurrence of the международно-legal responsibility of the subject of the international law is the fulfilment by him(it) of an international offence.
The international offence is an action or inactivity of the subject of the international law infringing norms of the international law and the international obligations, наносящие to other subject either group of the subjects of the international law or all international community as a whole damage of material or non-material character (for example, sertificates(acts) of aggression, illegal restriction of the sovereignty, encroachment on territorial integrity and political independence, infringement of the obligations under the agreements and other.) 1. For want of it the responsibility arises, as a rule, only for want of availability причинной of communication(connection) between illegal behaviour of the subject and caused damage.
Thus, components of an international offence attracting behind self the международно-legal responsibility, are: action or inactivity of the subjects infringing norms of the international law; вменяемость of an offence of the subject of the international law; causing of damage or вреда to other subject or group of the subjects of the international law.
Any references of the state to the national laws and rules in the justification of the behaviour which has resulted(brought) in infringement of norms the international laws and drawing of damage or вреда, are inadmissible. The references to ignorance of norms of the international law or on wrong their interpretation and application also are inadmissible. Practically all international offences are made consciously, purposely, is guilty. It is impossible to justify aggression of USA against Гренады (October, 1983) and Libya (March, 1986), налеты of aircraft ЮАР on cities Замбии and Зимбабве (May, 1986), destruction by Israeli aircraft of iraq centre of nuclear researches (June, 1981), exhibiting by American mercenaries of mines in waters and ports of Nicaragua and other similar actions by the references to necessity « protection of life » or «interests». Especially, they cannot be issued for the sertificates(acts) of «self-defense» 1.
The illegal actions or inactivity presenting(causing) to occurrence of the международно-legal responsibility the subjects of the international law can be made by state bodies (without dependence from their rule(situation) in system of public authorities and management), officials of the state acting on his(its) assignment(order) or from his(its) name, and also special bodies of the states allocated imperous authorities and acting from his(its) name. For example, responsibility for grab by the Israeli military ships of a greek vessel (the summer 1984) should bear government of Israel. The responsibility of the state can come(step) behind acceptance of the law or other normative sertificate(act) contradicting to norms of the international agreement, which participant it is by, or, on the contrary, for неприятие of the law, which it was obliged to accept according to the international obligations and which would prevent происшедшее illegal event or action.
The responsibility of the state arises because of inactivity of government bodies in cases, when the duly interference of authorities could prevent wrongful actions. USSR in USA for want of connivance of the American official persons is known, for example, numerous cases of violence and even the armed attacks on diplomatic representations. In such cases the state was born by(with) ё т the responsibility for criminal actions of the persons from among the citizens both foreigners and their organizations both for the foreigners and for actions (and inactivity) bodies, which have not prevented illegal actions, though could and should it make.
The responsibility of the state «Х» can arise and as a result undertaken on it(him) (or from it(him)) territory of illegal actions of the foreign state or his(its) bodies against the third state or group of the states. For want of it if these actions of the foreign state are made with is driven also of consent of the state «Х», it is the accomplice of illegal actions of the foreign state. However, if such actions are made without the knowledge of the state «Х», it bore ё т the responsibility only in case his(its) bodies have not displayed « necessary vigilance » and these illegal actions of the foreign state did not stop. Is differently solved the problem concerning the states granting the territory for creation of foreign military bases or accommodation of the weapon: their международно-legal responsibility for all possible(probable) dangerous consequences comes(steps) by virtue of the most legal fact - sanction to creation of military base or accommodations of the weapon.