Interstate associations. Theoretical and legal foundations of interstate entities

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Coursework

in the discipline "Theory of State and Law"

Topic: Forms of interstate associations

Plan

Introduction

2. International organizations

3. Confederation of States

Conclusion

References

Introduction

The relevance of the topic discussed in this course work is determined by the fact that the territorial problems of the interstate system have been known to humanity throughout its existence.

Already in the Ancient World, the Roman Empire was reflected as a type of unification of states, and in the Middle Ages the Frankish state and the Byzantine Empire appeared.

During the New Age, the number of interstate associations increases. Known, for example, are the unions between Saxony and Poland (1697-1763), the Netherlands and Luxembourg (1815-1890); Confederacy of the United States of America (1ll6-1111 and 1788-1789). German (1815-1820 and 1866-1867) and Swiss Confederations (1815-1848); Russian Empire(1721-1917); French protectorate over Madagascar (1885-1896).

The first half of the 20th century was marked by the legal formation of the Commonwealth of Nations (the Statute of Westminster 1931); the emergence of the Danish-Icelandic Real Union (1918-1944); establishment of Japanese protectorate over Korea in 1905. and Nazi Germany in the Czech Republic, Moravia and Slovakia; emergence of the USSR (1922).

However, the overwhelming majority of state integration processes of the 20th century occurred in its second half. As a result of the collapse of the metropolitan states in the 50-90s. more than 100 new states emerged in Asia, Africa, Latin America, Oceania. This largely predetermined the birth of various kinds of communities of states, such as the Organization of African Unity (1963), the Organization of American States (1947), the League of Arab States (1945), etc. The 1971 armed secession of Bengal from Pakistan led to the formation of a new state - Bangladesh.

The Confederation of Senegal and the Gambia (Senegambia) has existed since 1981. until 1989, and in 1991 one German state (GDR) became part of another (FRG).

Appeared in 1949 International regional organization - the Council of Europe - opens a new milestone in the development of cooperation between European states, some of which, through the formation of the European Economic Community, have today arrived at a confederal form of government - the European Union.

These processes have not spared Russia either. After the collapse of the USSR in 1991. The Russian Federation becomes a member of the Commonwealth of Independent States, and in 1996. is a member of the Council of Europe. Moreover, the events of recent years indicate the creation of a new confederation - the Union State of Belarus and Russia.

The above examples convincingly prove that the fact of interstate unification occupies a significant place in the development of the world today. However, acting along with unitary and federal states as a third form of government, confederations (as well as various state-legal associations, unions sovereign states etc.)1 have not been sufficiently studied as an independent institution modern theory states and law: there is no unambiguous definition of the concept of a union of states, there is no single position regarding their place in the theory of state and law, division into types, classification.

Thus, the object of study of this course work is the forms of interstate associations, their components separately and as a whole.

The purpose of this study is to identify and classify types of unions of states, which assumes the following main objectives of the study:

- determine the modern understanding of the unification of states;

- identify and analyze existing types of associations of states;

- classify types of unions of states;

The theoretical and methodological basis was formed as a result of the author's study of literature on modern philosophy, jurisprudence, history, political science, sociology, international law, as well as ideas, provisions, principles formulated in domestic and foreign legislation. The works of both foreign scientists and lawyers of pre-revolutionary, Soviet and modern Russia were used.

1. Concept and types of forms of interstate associations

There is no definition of the concept “form of interstate structure of a union of states” in the modern theory of state and law, since this phenomenon was not considered as an independent institution. However, in recent years there has been a tendency to distinguish types of associations of states from general concept forms of government. So, V.E. Chirkin speaks of the existence, along with states, of international associations with elements of federalism; he also notes that in modern conditions, in connection with the increasing integration of states in the international arena, many organizations of public international law have emerged that have some constitutional and legal elements. Moreover, V.E. Chirkin does not consider these associations from the perspective of their form within the framework of the form of government, but only states the existence of such entities. This situation arises because, along with the selection international entities into a separate group and refusal to consider their territorial structure within the framework of the form of government, the theory of state and law did not develop a new institution, the need for the emergence of which is already ripe.

We should agree with the opinion of V.S. Nersesyants that the form of interstate association (formation) should be distinguished from the form of the territorial structure of the state. In his opinion, an interstate association means a union of states within which there are common state or suprastate bodies, but the uniting states retain their sovereignty. However, V.S. Nersesyants does not say what he understands by the term as a form of interstate association.

Based on the characteristics of the form of government developed in theory and its definition, we will try to identify the common features of this traditional institution with the form of interstate associations, its specific characteristics and derive a definition for them. What the concepts under consideration have in common is that they reveal and show internal structure education, relationships between parts of education, organization of power across the territory. However, unlike the form of government, the form of an interstate association, firstly, shows the relationship between the sovereign states participating in the association. Secondly, the interaction of government bodies of the association’s participants and the management bodies of the association. Thirdly, it indicates the scope of the sovereignty of the participating states and the possibility of transferring some sovereign rights to the association. Fourthly, it determines the degree of integration of states within the framework of the association. It seems that interstate associations (confederations, commonwealths and communities of states, unions, empires, etc.) are an independent institution of the theory of state and law and international public law, which is closely related to the elements of the form of the state and, in particular, to issues of state structure, but not enters it. Associations of states, although they have signs of statehood, are, nevertheless, not independent states. That is why the author considers it necessary to consider them independently and highlight such a concept as a form of interstate structure.

Based on the foregoing, it is proposed to define the form of interstate structure of an association of states as a territorial organization of an interstate association, which determines the relationship of the participating states among themselves and the bodies of the association, the scope of sovereignty of the participating states and the degree of integration within the framework of the interstate association.

States have always used various shapes, which was determined by the presence of common interests - long-term or short-term, territorial proximity, homogeneity of structures, coincidence of political courses, one or another closeness of their rulers. The 18th-19th centuries were characterized by stable and temporary alliances, both on the scale of the world community and regions, and functional. Generated by integrative processes, scientific and technological progress, these trends and the structures expressing them developed in the context of the manifestation of global problems and the formation of the world community. At the same time, you can pay attention to the mobility and dynamism of state associations, their mutual transitions.

In the scientific and educational literature there is a fairly large number of various types associations of states, and often their classification is not carried out, the definitions of these concepts are not given, their characteristics are not considered, which, undoubtedly, is very important for determining the nature of the phenomenon. Usually, familiarization with the types of associations of states is limited to a simple description, or even an example without explanation on the basis of which the author attributed this association of states to one type or another. Based on scientific and educational literature, we can state the fact that the types of unification of states include empire, incorporation, quasi-confederation, confederation, condominium, protectorate, commonwealth of states, community of states, suzerainty, union, fusion.

If we consider interstate associations from a historical perspective, we will not find two absolutely similar. As noted by E.E. Sumin, two most striking reasons for such diversity can be identified. This is, firstly, the difference in the legal technique of uniting states and, secondly, the difference between those associations of states that set themselves state goals (confederations), and those associations whose goal is the institutional transformation of the international community on a universal or regional level(eg international conferences and international organizations). At the same time, the result of unification for the states themselves can be either the preservation of state sovereignty or its loss.

Integration processes between states are not an exclusive characteristic international relations on modern stage. Territorial problems of the interstate system have been known to humanity throughout its existence. Already in the Ancient world, the Roman Empire was reflected as a type of unification of states, and in the Middle Ages they appeared Frankish state and the Byzantine Empire. During the New Age, the number of interstate associations increases. Known, for example, are the unions between Saxony and Poland (1697-1763), the confederation of the United States of America (1776-1777 and 1788-1789), the Russian Empire (1721-1917); French protectorate over Madagascar (1885-1896). The first half of the 20th century was marked by the legal formation of the Commonwealth of Nations (the Statute of Westminster 1931); establishment of Japanese protectorate over Korea in 1905; emergence of the USSR (1922). However, the overwhelming majority of state integration processes of the 20th century occurred in its second half. As a result of the collapse of the metropolitan states in the 50-90s. More than 100 new states emerged in Asia, Africa, Latin America, and Oceania. This largely predetermined the birth of various kinds of communities of states, such as the Organization of African Unity (1963), the Organization of American States (1947), the League of Arab States (1945), etc. Appeared in 1949 International regional organization - the Council of Europe - opens a new milestone in the development of cooperation between European states, some of which, through the formation of the European Economic Community, have now reached the European Union. These processes have not spared Russia either. After the collapse of the USSR in 1991, the Russian Federation became a member of the Commonwealth Independent States, and in 1996 is a member of the Council of Europe. Moreover, the events of recent years indicate the creation of a new association - the Union State of Belarus and Russia.

Historically, the first form of integration of states was empire, which is usually understood as the violent unification of states, carried out either by conquest or by creating another type of pressure (economic, political, etc.). Its distinctive features are a vast territorial base, strong centralized power, asymmetrical relations of dominance and subordination between the center and the periphery, and a heterogeneous ethnic and cultural composition of the population. Empires (for example, Roman, British, Russian) existed in various historical eras, however in modern world they do not exist, since with the development of international law in relations between states, the exclusively voluntary, contractual method of uniting states began to prevail.

In the Middle Ages, taking into account the emergence of new states, subject to their different legal and political status, such forms of associations of states as suzerainty and protectorate appeared in the international arena. As noted in the literature, a protectorate means a legal union between states in which one state provides foreign policy and military protection to another state that is actually dependent on it. In domestic politics, the latter has a certain independence. At the same time, the relevant authorities of the protecting state simultaneously exercise the competence of the protected state. A protectorate is possible at the initial stage of relations between former colonies and their mother country. Suzerainty as a form of international legal relations existed between strong and weaker (vassal) states. In fact, these two types are similar in the nature of relations between the states participating in the associations, however, when suzerainty arises, as with an empire, there is a factor of suppressing the will of a weak state. A protectorate, on the contrary, arises when a weak state requires help. In both cases, such a nature of unification of states does not currently occur, since in relations between states such principles of international law as sovereign equality of states, non-interference in internal affairs, cooperation between states, equality and the right of peoples to control their own destinies apply. . Interesting point of view of A.V. Yakushev, who believes that this kind of relationship between states currently exists and proposes to distinguish such a form of interstate associations as a quasi-confederation, which is essentially a modern model of a protectorate. Quasi-confederation, according to A.V. Yakushev, is a closer union than a confederation, and less close than a federation, as well as an alliance between unequal and often distant parts. He notes that such relations usually exist either between the former metropolis and its former colonies, which are no longer colonies, but not states either, and wish to maintain economic and political-legal connections with the metropolis, but at the same time have sovereignty, or due to long historical traditions. As examples, A.V. Yakushev cites Denmark and the Faroe Islands, Greenland, Holland and the Netherlands Antilles (Curacao, Bocairo - Caribbean), the USA and Puerto Rico, Great Britain and the Strait Islands, the Isle of Man (which have their own parliaments and centuries-old statehood). However, it seems that it is inappropriate to single out this form, since relations between the states cited as an example are built either on an international legal basis as between legally equal entities, or a less developed state entity is granted the status of autonomy in a stronger state.

Among monarchical states in the modern period, such a type of unification of states as union became widespread. Union is a community of states headed by a single monarch, which historically received two varieties - personal and real. A personal union is a form of interstate association that arises when a monarch acquires the rights to the crown of another state (several states) either by succession to the throne, as a result of a random coincidence, or due to the fact that one state transfers the rights to the crown to the monarch of another state. However, constitutional law does not establish that the head of state must be the monarch of another country. It turns out that the same person occupies two completely independent posts of head of state. Examples of a personal union were the union between Saxony and Poland (1697-1763), which arose as a result of the transfer of the Polish crown to Augustus the Strong, as well as the union between Great Britain and Hanover (1714-1837), the Netherlands and Luxembourg (1815-1890), which arose in as a result of the succession by the monarch of one state to the throne of another state and ceased due to the different order of succession to the throne in these states. In contrast to personal union, real union means a legal union of states based on the creation of a common institution of the head of state - the monarch and other general bodies of state power. Within the framework of a real union, the sovereignty of the allied states can be preserved. Such an example is provided by the union of Sweden and Norway (1814-1905), in which, in addition to the common monarch, only the organs of external relations were common; here the sovereignty of the allied states was limited only in the field of foreign policy. In practice, world politics now does not know such a formation as a union; it is a form of interstate association that does not currently exist. Interesting view of K.V. Aranovsky on this union. He believes that a real union is still relevant today, an example of which he calls the relations between some states from among the member countries of the British Commonwealth. But in general, this form of association is a thing of the past, and the British Commonwealth has other integration ties in the first place.

With the development of international integration in the literature, in order to explain integration processes, they began to stand out as independent forms of interstate structure, in our opinion, which are not such. The latter are condominium, fusion and incorporation. Condominium is the joint management of the same territory by two or more states, which jointly exercise their sovereignty over it on the basis of an appropriate agreement. An example is the fact that, by agreement of 1899, Great Britain and Egypt established a condominium over Sudan (annulled by Egypt on October 15, 1951). It seems that with such relations between states there is no unification; they essentially divide spheres of influence, since the state over which control is established does not participate in the agreement, and no, even weak, integration processes are observed between states. Fusion is recognized as a merger of states, as a result of which a new state appears. An example is the reunification of the Federal Republic of Germany and the GDR. Incorporation is defined as the incorporation of one state into another by agreement. Incorporation, as many believe, was the annexation of Estonia, Latvia and Lithuania to the USSR in 1940. In our opinion, fusion and incorporation also cannot be considered as forms of interstate associations, because as a result, no interstate association arises. States in these cases unite with the goal of a complete merger, in which at least one of the participants loses its former statehood with all the ensuing consequences (including loss of sovereignty). That is, these phenomena reflect the process of formation of a new state, or a state with new characteristics, but do not in any way indicate a specific type of interstate association.

For a long time, the doctrine considered only a confederation as a form of state unions, along with such forms of government as unitary and federal. Despite the fact that the first confederations appeared in the Middle Ages, distinctive feature confederation from the considered forms is that it has not outlived its usefulness, confederal associations are possible and are being created at the present stage. As Yu.A. rightly notes. Tikhomirov, the confederation serves as a starting point for the classification of forms of unification of sovereign states. That is why, in our opinion, the doctrine has not developed a unified position on the legal nature and characteristic features of a confederation. In the legal literature of the Soviet period, practically no attention was paid to issues of confederation. In training courses on state law, usually only historical information was given about the confederations that existed in Europe in the 19th century, and sometimes their generalized characteristics. However, the interpretation of the concept of confederation did not remain unchanged. Textbooks and dictionaries published in the 80s defined a confederation as a form of government, which is a permanent union of two or more sovereign states, created to achieve certain goals, for example, for mutual defense, foreign relations, etc. That is, the confederation was considered a form of government, despite the fact that the confederation is not a state. It seems that this is not entirely true. According to a number of authors, a confederation is not a form of government, since we're talking about not about one, but about several sovereign states, but a union (association) of states created by an international treaty to achieve certain goals. Some publications especially emphasize that a confederation is not a state, but a form of international association of states.

In the 90s, Russian legal doctrine increasingly emphasized the international legal nature of the confederation. According to N.A. Ushakov, a confederation of states is a special association (union) of states that retain their quality as sovereign entities, endowed with certain supranational qualities that allow it to act in this supranational capacity as a subject of international legal relations. Rzhevsky V.A. on the contrary, he believes that the confederation is not only not a state, but also will not be a state entity, but only a rather weak and unstable union of independent states that does not have international legal personality. Lazarev B.E. believes that a confederation is just a union of states, as a result of which no new, more large state: relations of states in a confederation are governed by international law. Lafitsky A.V. argues that a confederation, as a form of union of states that retain full sovereignty, currently practically does not exist anywhere. Referring to the experience of the history of confederations, he points out that this form is transitional either to the complete collapse of the union or to a federal form of structure. In fact, combining the features of both an international legal and state legal organization, under the influence of certain reasons it loses the balance necessary for its preservation.

The concept of confederation, which has developed in Western European science, is given by F. Emarok, who notes that since the 19th century, confederations began to be called entities created by states to achieve common goals. Given the extreme uncertainty and vagueness of the concept of a confederation, the main thing is that it is “an association of two or more sovereign states in which the sovereignty of the members is preserved.” In addition, Ermacora writes that confederations include all types of associations of states: unions, alliances, unions, etc. - everything that is now united by the term “international organizations”. Those of them that contain features of supranationality are close to a federal state.

As you can see, views on this form of unification of states, despite the fact that it is historically almost the very first, differ quite greatly. It seems that, in addition to the author’s own opinion, this depends mainly, firstly, on what approach is used to characterize the confederation - state-legal or international-legal, and secondly, on the views prevailing at a given time. However, at the present stage, the scientific and educational literature has established the opinion that a confederation is, first of all, a union of states. Based on this, we can conclude that this is a form of interstate association, and not a form of government, although such a confusion of concepts is still found in the literature. At the same time, the confederation is an international legal entity with the presence of statehood features, which is visible when considering its features.

In highlighting the signs of a confederation, one should agree with Yu.A. Tikhomirov, who, as typical features of a confederation, names the contractual basis of its formation, freedom of exit, the absence of primary sovereignty of the association, and a limited range of subjects under the jurisdiction of state bodies. Among the features of a confederation one can also name the right of secession of its subjects (i.e. the right to freely secede from the confederation) and the right of nullification (i.e. refusal to recognize or refuse to apply acts of the union power). The bodies of the confederations may accept regulations, which are most often advisory in nature. Such acts acquire generally binding significance after the relevant bodies of the member states of the confederation approve them.

Thus, the confederal form of interstate structure is a union of states, usually on a contractual basis, to achieve certain goals (economic, political, social, etc.), allowing for the creation of the most favorable conditions for the activities of these states. These goals can be either temporary or permanent. And to achieve the set goals, the necessary governing bodies are created in the confederation, which can issue regulations and make management decisions.

It should be noted that some features usually identified in the literature can hardly be reasonably considered universal. Such traditionally identified signs of a confederation as the absence of common legislative, executive and judicial bodies, its own constitution, a single system of law, single citizenship, a single monetary system, a single army, a single budget, a single tax system are currently refuted by practice. For example, in the European Union, which has confederal elements, EU citizenship has been introduced in addition to national citizenship, and in the near future it is planned to create a common defense, monetary and financial system (a single currency - the euro has already been created). Of course, such a high degree of integration of various states in many ways brings the confederation and federation closer. A similar trend is taking place in relations between Russia and Belarus. The introduction of European Union citizenship, enshrined in the Maastricht Treaty, is an unprecedented step in the history of both the institution of citizenship and interstate structures. This trend found its place during the creation of the Union State Russian Federation and the Republic of Belarus. In the Treaty on the Establishment of the Union State, Chapter II is entirely devoted to issues of single citizenship. According to Article 14 of the treaty, citizens of the participating states are simultaneously citizens of the Union State.

The doctrine highlights new forms of associations of states that were formed already in the twentieth century - these are the commonwealth and community of states. The attitude towards these forms in the literature is ambiguous, and mostly negative. V.V. Pustogarov believes that these forms do not have specific legal content and are applicable to different categories of associations. A.B. Vengerov calls the commonwealth very rare, even more amorphous than a confederation, but nevertheless an organized union of states characterized by the presence common features, a certain degree of homogeneity, but, unfortunately, does not highlight these common features. Yu.A. Tikhomirov notes that the commonwealth is the most soft form interstate association. This type interstate unification require a more in-depth analysis of its features in the doctrine. Turning to its characteristics, it is necessary to highlight the conditions that can play a unifying role. These include relations in the economic sphere (the same form of ownership, integration of economic relations, a single monetary unit, etc.), commonality in the field of law (criminal, civil, procedural norms, similarity of the legal status of citizens); language issues (sometimes linguistic unity is of a linguistic nature, for example, among the Slavic countries of the CIS, sometimes unity is determined by its introduction as a result of colonial rule, as, for example, it was among the countries of the British Commonwealth of Nations); unity in the cultural environment, religion. To the sphere joint activities states in the commonwealth may cover a wide range of issues, which can be supplemented or changed by mutual agreement of the member states. Supranational bodies can also be created in a commonwealth, but most likely not for governance, as in a confederation, but for coordinating the actions of states. Funds, if necessary for the purposes of the commonwealth, are pooled voluntarily and in the amounts that the subjects of the commonwealth deem necessary and sufficient. The law-making activities of the Commonwealth are carried out in the form of normative acts that can be adopted by heads of state or their representatives. As a rule, in commonwealths there is no question of creating unified armed forces. More coordinated actions in the commonwealths are observed in the field of protecting common borders and simplified customs regime within the commonwealth. As a result, it should be noted that the commonwealth as an association of states may have a transitional nature. It either develops into a confederation and even a federation, or, conversely, with unresolved, contradictory interests and goals of the states that formed it, it will serve as a stage in the final disintegration of a specific union of states. In addition, we can conclude that such an entity as a commonwealth arises where a single state space previously existed, in order to maintain economic, cultural, and social ties. Moreover, depending on the degree of integration between states, which is determined in constituent documents(Charter, Treaties) both state associations and regional international organizations can exist in this form.

Turning to the characteristics of communities of states, it should be noted that they are similar in their characteristics to commonwealths of states, but with less strong integrative ties. The object of activity of such associations may be issues within the framework of regional cooperation: joint security, economic, social, cultural and other areas. As a rule, the number of states included in the community is quite large. For example, the Organization of African Unity includes more than 50 African states, the League of Arab States - more than 20 Arab states, the Organization of American States - more than 30 states of Latin America and the Caribbean, the USA and Canada. N.L. Garnet offers an explanation for this phenomenon. As a rule, the community is open to all states in a given region and, with rare exceptions, there are no restrictions on such membership. This is explicitly stated in the international treaties underlying the communities. For example, Article 4 of the Charter of the Organization of African Unity states: “Every independent and sovereign African state can become a member of the Organization.”

Analyzing international treaties, we can conclude that when creating a community, the underlying international treaty imposes less stringent requirements on the member states of the community compared to a similar treaty of a confederation or commonwealth. As a rule, cooperation in the community is limited to setting goals of a global nature such as: maintaining peace and security in the region, resolving disputes between member states, organizing joint actions against aggression, development in economic, political, cultural sectors, etc. The states in the community fully retain their sovereignty. There are no examples of the creation of a single monetary system, the definition of borders, the formation of armed forces or the recognition of citizenship. To coordinate joint actions in communities, common supranational bodies are created.

Thus, the features of specific types of interstate associations are determined by the content of their following characteristics: the legal basis of the association (Charter, Agreement). This classification clearly demonstrates the complexity of the problem of associations of states, which is not limited to the study of the main characteristics of confederations, but it is far from indisputable. Firstly, there is no clear classification criterion, secondly, the identified groups are very unequal in volume, thirdly, with all due respect to Yu.A. Tikhomirov, he does not name the distinctive features of these types of associations, which raises questions about the classification of a particular association in this particular group.

S.A. Avakyan proposes to classify the types of associations of states depending on the nature of the ties within the framework of the entities they create. According to this criterion, he distinguishes an international legal union; confederal association; union state; federation (single state). This classification is also not indisputable, although the author provides reasons for distinguishing these species.

Within the framework of an international legal association, states fully retain their independent status. They formalize the formation of their association with treaties and agreements to achieve common goals and objectives. States voluntarily join the created association and assume the obligations arising from the tasks and goals of the association. States help each other through the association and its structures (bodies). It is also possible to create a common military contingent. As an example, S.A. Avakian names the UN and regional unions of a similar nature.

A confederal union of states according to the method of formation begins with an agreement of an international legal nature. States retain their independent status, their own economic systems, taxes and currency, military formations. However, to a certain extent, the beginnings of a state-legal association may appear in a confederal association, i.e. closer unification, in which the contours of the future state are visible. According to S.A. Avakyan, this is an independent type of unification of states, in which the union retains certain features of an international legal association, but at the same time acquires many features characteristic of a single state. The paradox is that the concept of “union state” in its modern interpretation is not equivalent to the concept of “state” in the original sense of the word or the concept of “federal state”. This is no longer an international legal association and not yet a single state. A typical example of such a union state is S.A. Avakian calls the European Union (EU). Finally, the fourth form of unification of states, this author identifies a federation as fundamentally different from other entities in that as a result a new state arises, which becomes superior to the states - subjects of the federation. It is the new state that has sovereignty, full state power, and entry into international relations.

The value of this classification lies in the fact that the author makes a distinction between international organizations and closer state associations. However, it seems controversial to classify such a classical form of government as a federation as a form of association of states. Moreover, a federal state can be formed not only through the unification of independent states, but also through an intrastate decision to transform a unitary state into a federal one (RSFSR, Czechoslovakia, Belgium). In addition, the legality of separating the so-called “union state” into an independent type raises doubts, especially since the author himself writes about the paradoxical nature of this concept. In fact, the author puts into the term “union state” the meaning and features of a confederation with federal elements, and since this association does not have the characteristics of a state, there is no need to call it that, even with a certain degree of convention.

2. International organizations

It is now clearly established in international law that international organizations have international legal personality and corresponding legal capacity, in particular the right to enter into relationships with other subjects of international law and conclude international treaties with them. This is convincingly evidenced by the conclusion of the Vienna Convention on the Law international treaties 1986

It is obvious and indisputable that in international communication, along with states, numerous (about 500) international organizations are involved, created by states for the purpose of cooperation between them in one or another area of ​​international relations, ensuring and protecting their common interests. The development of international organizations meant the development of new methods of solving international problems and promotion specific gravity of these methods compared to traditional methods.

The question of the legal personality of international organizations in general comes down to whether the relations of each of them separately with other subjects of international relations are regulated by the norms of international law. The positive answer to this question is beyond doubt: every international organization inevitably enters into international legal relations with member states and, ultimately, with other states and other international organizations. The relations of an international organization with member states are regulated mainly by the constituent act of that organization, and in some cases by other international agreements.

The founding act of an international organization determines its goals and objectives, which are, first of all, the goals and objectives in relations with its member states, for this is the purpose of creating any international organization. The constituent act defines the functions and competence of an international organization in relation to its members and, possibly, to other subjects of international relations.

However, the now generally accepted international legal personality of international organizations is based on sufficient clarity of what exactly an international organization is. In a word, the existence of a certain concept of “international organization” is presumed, or at least the presence of certain features that sufficiently adequately characterize it.

In reality, there is no complete clarity on this issue. There is also no satisfactory official definition of an international organization, since in universal international conventions(Vienna Convention on the Law of Treaties of 1969 and a number of subsequent conventions) states that “an international organization means an intergovernmental organization” (in the Russian text it would be more accurate to say “an interstate organization”). However, such a definition only distinguishes international organizations from international non-governmental organizations, whose activities are naturally not regulated by international law.

The task of developing the concept of international organization thus falls on international legal doctrine. However, even in the doctrine - domestic and foreign - an unambiguous concept of an international organization has not been developed. The authors are mainly concerned with identifying the characteristic features of an international organization, which is certainly important, but does not completely solve the problem.

Therefore, the author, relying on the works of other domestic specialists in international law, in turn, identified such features and formulated a definition of the concept of “international organization”, without, of course, claiming to be the ultimate truth.

An international organization is, first of all, a union or association of states, more precisely, member states, which follows from its official definition as an intergovernmental organization. In a number of cases, other public entities (for example, the Palestine Liberation Organization) or other international organizations participate in the activities of an international organization on the rights of its members or otherwise (observers). But this does not change the essence of the international organization as an interstate association at its core.

However, an international organization is not just an association of states, but an association that forms a certain organizational unity of them, ensured by the rules of its functioning, i.e. legal means (the norms of the constituent act and the norms of the “internal law” of the organization). In other words, we are talking about the organizational and legal unity of the member states.

Such unity can only be achieved on the basis of an agreement between states, which is usually called the founding act of the organization. With rare exceptions, such a constituent act is an international treaty in the sense given to this concept by the Vienna Convention on the Law of Treaties of 1969.

The founding act of an organization establishes its goals, functions and powers, conditions of membership in the organization, its organizational structure, the competence of its bodies (main and auxiliary) and the basic conditions for the exercise of this competence, in particular the procedure for adopting relevant legal acts (decisions, recommendations, appeals, rules procedures, etc.). All this ensures the organizational and legal unity of the interstate association, turning it into an international organization. Of course, this presupposes the existence of permanent bodies of an international organization, vested with certain functions and powers in relations with members of the organization, with other states and other entities. In other words, we are talking about bodies that exercise the functions and powers of an organization in international communication.

Since an international organization is an international legal institution - a subject of international law, it must be established and act in accordance with the rules of general international law governing the relationships between all subjects of international legal relations. A special role in this regard belongs to the basic principles of international law and its other imperative norms. The 1969 Vienna Convention on the Law of Treaties states that it “applies to any treaty which is a constituent instrument of an international organization.”

The above allows, in our opinion, to formulate the following definition of an international organization.

An international organization is:

-an association of states established and operating in accordance with international law, ensuring their organizational and legal unity;

-formed by virtue of an interstate agreement - a constituent act to achieve the declared goals;

-carrying out, in accordance with the rules of the organization, functions and powers in international relations through its bodies and acting in relations with member states, non-member states and other subjects of international relations on its own behalf.

Let us emphasize that, in accordance with the first paragraph of this rather cumbersome definition, an international organization as such can be both lawful and unlawful. The author is ready to argue that the military-political blocs of states that existed in the recent past, especially with the participation of permanent members of the UN Security Council, and the North Atlantic Treaty Organization (NATO), which continues to operate today, are illegal in accordance with the UN Charter and current international law.

The final provision of the definition is that an international organization acts in international communication exclusively on its own behalf, i.e. within the limits of its powers, firstly, it reflects the fact that it thereby manifests its will, which has an independent quality and significance, and, secondly, it allows us to distinguish an international organization from a confederation or supranational organization, which is the subject of the next paragraph.

International organizations are divided into universal, regional in the sense of Ch. VIII of the UN Charter and local ones, the members of which are, apparently, no less than three states.

Universal organizations. The concept of a universal international organization is now defined taking into account the provisions of Art. 57 and 63 of the UN Charter in the Vienna Convention on the Representation of States in their Relations with International Organizations of a Universal Character of 1975.

According to Art. 2 of this Convention, “international organization of a universal character” means the United Nations, its specialized agencies, the International Atomic Energy Agency and any other similar organization whose membership and responsibilities are broadly international.

Currently there are 16 UN specialized agencies. Each of them has its own development history. Some of them existed long before the creation of the UN (for the UN specialized agencies, see below).

The International Atomic Energy Agency is not a specialized agency of the UN, but is linked to the United Nations by a special agreement concluded with the UN General Assembly in 1957.

It is quite obvious that the decisive role in ensuring and developing international cooperation between states in all spheres of interstate relations belongs to the United Nations. The coordinating role in specific areas of interstate communication belongs to other universal international organizations.

In connection with the above in relation to universal international organizations and for a number of other reasons, the question arises about the international legal status of the international community of states, including the organized community of states represented by the United Nations, since the norms of international law in many cases refer to the opinion of this community or establish its corresponding exclusive competence.

Thus, the organized international community of states, represented by the UN and its Security Council, has the exclusive competence to determine the existence of any threat to the peace, any breach of the peace or act of aggression and to make recommendations or decide what measures should be taken to maintain or restore international peace and security.

The exclusive competence of the international community of states is also established in relation to classifying a particular norm of general international law as norms of a mandatory nature, as well as in relation to classifying a particular internationally wrongful act of a state as an international crime of a state.

The international community of states, represented by the UN, is called upon to organize research and make recommendations, in particular for the purpose of the progressive development of general international law and its codification.

The international legal role of the community of states represented by the UN acquires particular importance when regulating new areas of international relations (for example, in the field of outer space or environmental protection).

In the doctrine, this is sometimes referred to as the problem of universalization of the norms of international law and in general terms comes down to determining whether an individual state may not recognize the norms developed by the community of states and set out in the general international treaty that has entered into force, regulating the new sphere of interstate communication, citing non-participation in this treaty and the rule that the treaty does not create obligations or rights for a third state without its consent. In other words, when we are not talking about the codification of generally existing legal norms.

There is obviously no clear answer to this question yet. It continues to be explored in different situations and from different perspectives.

However, it is obvious that the organized community of states represented by the UN in one way or another acts as a bearer of certain international powers in relation to individual states, i.e. party to international legal relations.

Thus, international legal development leads to the recognition of the international community of states as a subject of modern international law.

Regional organizations. Chapter VIII of the UN Charter provides for the possibility of the existence of “regional bodies”, practically regional organizations, vested with powers for the peaceful resolution of “local disputes”, i.e. disputes between states participating in such organizations.

In addition, according to Art. 53 of the UN Charter, the Security Council uses, where appropriate, such regional bodies (organizations) for enforcement actions under its leadership.

As a result, regional organizations are called upon to act as subsidiary bodies of the UN and to be recognized accordingly by this organization.

Three international organizations are recognized as such, namely: the League of Arab States (LAS), which arose in 1945 even before the entry into force of the UN Charter; Organization of American States (OAS), formed in 1948; Organization of African Unity (OAU), created in 1963

Provisions of Ch. VIII of the UN Charter on regional bodies (organizations) make sense, according to the author, only in terms of maintaining international peace and security through the peaceful resolution of local disputes and situations, i.e. disputes and situations between participating states.

3. Confederation of States

A confederation is considered to be a special association of states that act in international relations not only on their own behalf, but also on behalf of their member states. In this capacity, they also act as subjects of international legal relations.

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For a long time, a confederation was a union of sovereign states formed to achieve certain goals (military, economic, etc.).

Confederation is a form of government in which the states forming the confederation fully retain their independence, have their own bodies of state power and administration, and they create special joint bodies to coordinate actions for certain purposes (military, foreign policy). Here, the union bodies only coordinate the activities of the member states of the confederation and only on those issues for which they united. That is, the confederation does not have sovereignty.

The experience of the history of the North American, Swiss and other Confederations made it possible to highlight following signs, characteristic of this form of government:

• - · contractual form of formation of a confederation. Most of the confederations were formed on the basis of relevant treaties.
• -· freedom to secede from the confederation (secession). Unlike a federation, where an attempt at secession was considered a rebellion, leaving the confederation means terminating the contractual relationship with the union.
• - · the confederation does not have sovereignty, sovereignty belongs to the states that are part of it. That is, no decisions of the union power have force on the territory of a state that is part of the confederation without their consent.
• -· the subjects of the confederation are limited to a list of a small and generally insignificant range of issues. These are issues of war and peace, foreign policy, the formation of a unified army, a common communications system, and the resolution of disputes between the subjects of confederations.
• -· not all state bodies are formed in the confederation, but only those that are necessary to carry out the tasks allocated by treaty acts.
• 1 Theoretical and legal foundations of interstate entities
• -· in the representative bodies of the confederation, delegates represent not the territorial parts or population of one state, but the sovereignty of the state.
• -· Permanent state bodies of the confederation do not have power. Acts of confederal power do not contain rules of direct action and are addressed to the authorities of the constituent entities of the confederation.
• -· the subjects of the confederation have the right of nullification, that is, refusal to recognize or refusal to apply acts of the union power.
• -· the budget of the confederation is formed from voluntary contributions from the constituent entities of the confederation. The confederation does not have the right of direct taxation.
• -· the subjects of the confederation have the right to establish customs and other restrictions that impede the movement of persons, goods, services and capital.
• -· As a rule, confederations do not have a unified monetary circulation system
• -· military formations are staffed by the subjects of the confederation, and their double subordination to the state bodies of the confederation and its subjects was often maintained.
• - · there is no union citizenship in the confederation.
• - · confederations do not have a unified economic, political and legal system.

Historical experience shows that confederal associations have an unstable, transitional nature: they either disintegrate or transform into federations.

Now many lawyers compare this form of state with a state union.

The Confederation is, according to Alekseev S.S. "state union of states". That is, none of the member states of the confederation loses its state sovereignty; parts of the confederation not only have their own authorities and administration, but often retain their national monetary system, army, police, etc.

Since the late 50s. In the twentieth century, the concept of integration began to be actively used to characterize interaction in the trade and economic sphere of countries. Integration is a process of bringing together the economies of countries at the regional level, forming the prerequisites for the global interaction of groups of countries in the process of development of the world economy.

International integration, as one of the main trends in modern international relations, is a complex process of interaction between states, characterized by two elements: legal form and economic content.

According to V. M. Shumilov, integration is the process of uniting sovereign states with the aim of establishing an expanded economic space in which goods, services, finance, investments, and labor can circulate freely.

Among the prerequisites for the emergence of integration processes, the following are distinguished:

1) Territorial proximity of states. Integration processes most easily arise at the regional level on the basis of a historically established regional community, which presupposes territorial proximity, similarity of economic-geographical and economic-cultural complexes, demographic structures, ethnic history, etc. This community creates objective opportunities for the formation of time-appropriate large political-economic formations. On the European continent, corresponding processes are taking place within the European Union (EU) and the Commonwealth of Independent States (CIS); in the American - North American Free Trade Association (NAFTA), Latin American Integration Association, Andean Group, Caribbean Community Free Trade Area (CARICON); in Asia - the Eurasian Economic Community (EurAsEC), the Association of Southeast Asian Nations (ASEAN), the Asia-Pacific Organization economic cooperation(APEC) and a number of other organizations; in a group Arab countries- League of Arab States.

The trade and economic communities of African states are in the initial process of integration. At the same time, interregional forms of integration and trends towards increased interaction between relevant associations of states are gaining momentum.

• 2) Similarity in the levels of economic development of countries. With rare exceptions, interstate integration develops either between industrial countries or between developing countries. Even within industrial and developing countries, integration processes are most active between states that are at approximately the same level of economic development.
• 3) Commonality of economic, political, social and other interests, problems and tasks. This facilitates the development of common economic strategies and agreements, contributes to the development of common economic and social policy. Economic integration is designed to solve a set of specific problems that the integrating countries actually face. It is therefore obvious that, for example, countries main problem of which - creating the foundations market economy, cannot integrate with states in which market development has reached such a level that it requires the introduction of a common currency.
• 4) The presence of complementary economic structures of the integrating countries.

A similar structure of socio-economic institutions, the presence of mining and manufacturing industries that complement each other, specialization in the production of certain goods and services that create conditions for mutually beneficial trade and industrial cooperation, contribute to the acceleration of economic growth and the development of integration processes.

• 5) Demonstration effect. Under the influence of the successes of certain integration associations (accelerating economic growth, reducing inflation, increasing employment, etc.), other states are expressing a desire to join this organization. The demonstration effect manifested itself, for example, most clearly in the desire of many countries of the former ruble zone to become members of the EU as quickly as possible, even without any serious macroeconomic prerequisites for this.
• 6) "Domino effect". Since integration leads to a reorientation of economic ties of member countries towards intraregional cooperation, neighboring countries that remain outside the association experience some difficulties, and sometimes a reduction in trade with countries included in the group. As a result, they are also forced to join an integration association.

Integrating countries are guided by the opportunity to improve operational efficiency national economies due to a number of factors arising in the course of the development of regional international socialization of production, and also set themselves the following goals:

• - take advantage of the “economies of scale”;
• - create a favorable foreign policy environment, a stable environment;
• - solve trade policy problems;
• - promote structural restructuring of the economy and accelerate its growth rate. Many Western European countries pursued such goals when joining the EU in one form or another.

Drawing conclusions from the above, it should be noted that when participating in the integration process, countries are guided by the prospects for the development of their national economies and accelerating the implementation of the goals of economic growth and development. In the process of integration, the goals set are agreed upon and new ones are formed, which become the basis for a common economic policy and more effective implementation of national goals in the economic field.

Integration is determined by certain essential characteristics, which together distinguish it from other forms of economic interaction between states. Among them are the following:

• - eliminating restrictions on the movement of goods, as well as services, capital, and human resources between the states parties to the agreement;
• - coordination of the economic policies of the participating states;
• - interpenetration and interweaving of national production processes, formation within the region of technological unity of the production process;
• - broad development of international specialization and cooperation in production, science and technology on the basis of the most progressive and deep forms, joint financing of the development of the economy and its innovation mechanism;
• - related structural changes in the economies of the participating states;
• - convergence of national legislations, norms and standards;
• - targeted regulation of the integration process, development of bodies governing economic interaction (both interstate and supranational management mechanisms are possible, as, for example, this happens in the EU);
• - regional spatial scale of integration.

The literature identifies six possible levels of integration. At the first level, when countries are just taking the first steps towards mutual rapprochement, preferential trade agreements are concluded between them. Such agreements can be signed either on a bilateral basis between individual states, or between an already existing integration grouping and an individual country or group of countries. In accordance with them, countries provide each other with more favorable treatment than they provide to third countries, which is called preferential treatment. Preferential agreements providing for the preservation of national customs tariffs of each of the countries that signed them should be considered not even as an initial, but as a preparatory stage integration process, which becomes such only when it acquires more developed forms. No interstate bodies are created to manage preferential agreements.

At the second level of integration, countries move to the creation of a free trade zone, which no longer provides for a simple reduction, but a complete abolition of customs tariffs in mutual trade while maintaining national customs tariffs in relations with third countries.

In most cases, the terms of a free trade zone apply to all goods except agricultural products. A free trade area can be coordinated by a small interstate secretariat located in one of the member countries, but often does without it, coordinating the main parameters of its development at periodic meetings of the heads of the relevant departments.

The third level of integration is associated with the formation of a customs union - the agreed abolition of a group of national customs tariffs and the introduction of a common customs tariff and a unified system of non-tariff regulation of trade in relation to third countries.

When the integration process reaches the fourth level - (common market) - the integrating countries agree on the freedom of movement not only of goods and services, but also of factors of production (capital and labor). Freedom of interstate movement, under the protection of a single external tariff, of factors of production requires an organizationally significantly higher level of interstate coordination of economic policy. Such coordination is carried out at periodic meetings (usually once or twice a year) of the heads of state and government of the participating countries, much more frequent meetings of the heads of ministries of finance, central banks and other economic departments, supported by a permanent secretariat.

At the fifth, highest level, integration turns into an economic union, which provides, along with a common customs tariff and freedom of movement of goods, services, capital, labor and factors of production, also a unified foreign economic policy and unification of legislation in key areas - currency, budget , monetary.

It is fundamentally possible for the existence of a sixth level of integration - a single economic space, characterized by the presence of a single currency and a political union, which would be considered as a political superstructure and would provide for the transfer by national authorities of most of their functions in relations with third countries to supranational bodies.

International organizations - one of the most important forms of multilateral cooperation between states. They arise on the basis of an agreement between the participants. The activities of international organizations are regulated by charter; their effectiveness depends on the degree of coordination between states. The main goals and objectives of all international organizations are to create a constructive multilateral framework international cooperation, establishment of global and regional zones of peaceful coexistence. Nowadays in the world there is a huge number of different blocs and unions of countries that can be combined into three groups: political, economic and mixed.

Main purpose of activity political blocs - cooperation of the participating countries in the political and military spheres, participation in the creation of a collective defense system, cooperation in supporting peace and security in their territories and in the world in general, coordination of efforts to solve military-political and legal problems.

North Atlantic Treaty Organization - NATO - a military-political union of 18 countries, created on May 4, 1949, consisting of the USA, Great Britain, France, Belgium, the Netherlands, Luxembourg, Canada, Italy, Norway, Portugal, Denmark, Iceland; in 1952 Greece and Turkey joined it, in 1955 - Germany, in 1981 - Spain. In 1966, France left the military structure, in 1983 - Spain, and in 1999 the Czech Republic, Poland and Hungary entered.

Target: ensuring the freedom and security of all members by political and military means in accordance with the principles of the UN Charter; common actions and full cooperation to strengthen the security of participating States; ensuring a fair order in Europe based on common values, democracy, and human rights. Headquarters - Brussels (Belgium).

Interparliamentary Union. An international governmental organization that brings together national parliamentary groups. Created in 1889 Target - uniting parliamentarians of all countries to strengthen peace and cooperation between states. Headquarters - Geneva (Switzerland).

Organization of African Unity - OAU. Created on May 26, 1963 at a conference of heads of state and government of African countries in Addis Ababa. Compound (52 African countries. Target: promoting unity and solidarity among African countries, intensifying and coordinating efforts to improve living standards; protection of sovereignty, territorial integrity and independence; the elimination of all forms of colonialism; coordination of cooperation in the fields of politics, defense and security, economics, education, health and culture. Headquarters - Addis Ababa (Ethiopia).

ANZUS. A five-party bloc of Great Britain, Australia, New Zealand, Malaysia and Singapore. Target - promoting collective defense in the Pacific region. Constant headquarters No.

Organization of American States - OAS. A military-political alliance created in 1948 at the 9th Inter-American Conference in Bogota, which adopted the OAS Charter. Compound (35 countries. Target: supporting peace and security in America; prevention and peaceful resolution of conflicts between participating states; organizing common actions to repel aggression; coordination of efforts to solve political, economic, legal problems; promoting economic, social, scientific, technical and cultural progress of participating countries. Headquarters - Washington (USA).

Strengthening integration processes in the world economy has strengthened the status of economic unions and groupings countries aiming to promote the economic development of the participating countries, improve the living standards of their population and protect the economic interests of these states on the world stage.

Amazon Pact- a trade and economic bloc created on the basis of the Amazon Cooperation Agreement, which gained force in 1980. Compound (8 countries. Target: accelerated overall development and rational use natural resources the Amazon basin, protecting it from foreign exploitation, cooperation in creating infrastructure. Headquarters - Lima (Peru).

Organization for Economic Cooperation and Development - OECD - was formed in 1961 as the successor to the Organization for European Economic Cooperation, formed with the goal of making optimal use of American economic and financial assistance for the reconstruction of Europe (Marshall Plan) in cooperation with European countries receiving this assistance. Compound (25 countries). Target : contribution to the development of the world economy by ensuring optimal economic growth, increasing employment and living standards, maintaining the financial stability of member states; promoting economic and social well-being by coordinating the policies of member states; harmonization of assistance from OECD countries to developing countries. Headquarters - Paris (France).

Arab Maghreb Union - CAM - created in 1989 compound 5 countries included: Algeria, Libya, Mauritania, Morocco, Tunisia. Target : assistance in successfully resolving issues of economic development, ensuring high competitiveness of goods of the region's countries in world markets. Headquarters - Rabat (Morocco).

Association of Caribbean States - ACS - founded by representatives of 25 countries and 12 territories at a conference in Cartagena in 1994. compound 24 countries included. Target : assistance economic integration Caribbean countries. Headquarters - Port of Spain (Trinidad and Tobago).

Andean Pact - AP- a trade and economic union formed in 1969 by Bolivia, Colombia, Chile, Peru, Ecuador, and Venezuela. In 1976, Chile withdrew. Since 1969, Panama has been an associate member. Target : liberalization of regional trade and introduction of common external tariffs; creation of a common market; coordination of economic policy regarding foreign capital; development of industry, agriculture and infrastructure through common programs; mobilization of internal and external financial resources; balancing the economic influence of Brazil, Argentina and Mexico. Headquarters - Lima (Peru).

Visegrad Four formed in 1991 by Poland, Hungary, the Czech Republic and Slovakia. Target - elimination of restrictions and customs borders in trade between members of the four. Constant headquarters No.

European Free Trade Association - EFTA - established in 1960 compound 9 countries included. Target - independent economic policy; duty-free trade among participating countries while they maintain independent tariffs in relation to other countries. Headquarters - Geneva (Switzerland).

Latin American Integration Association - LAAI - formed on the basis of the Montevideo II Treaty, signed by the participating countries, which came into force in 1981. compound 11 countries included. Target - creation of a single Latin American market. Subregional groups are preserved within the boundaries of LAAI: the Treaty of the La Plata Basin (1969), the Cartagena Agreement (1969), the Treaty on Cooperation of the Countries of the Amazon Zone (1978). Headquarters - Montevideo (Uruguay).

La Plata group - trade and economic union formed on the basis of the Treaty on Economic Integration and General Development of the La Plata River Basin in 1969. compound 5 countries included: Argentina, Bolivia, Brazil, Paraguay, Uruguay. Target: general economic development, use and protection of the resources of the La Plata basin. In 1986, Argentina and Brazil signed a long-term economic cooperation program - the “Act of Integration”, which was joined by Uruguay, and in 1991 by Paraguay. Headquarters - Buenos Aires (Argentina).

Organization of the Petroleum Exporting Countries - OPEC - organized in 1960 at a conference in Baghdad. The Charter was adopted in 1965 and has undergone numerous changes over time. Compound (12 countries): Venezuela, Iraq, Iran, Kuwait, Saudi Arabia, Qatar, Indonesia, Libya, Algeria, Nigeria, UAE, Gabon. Target : coordination and unification of the oil policies of the participating states; determining the most effective means of protecting their interests; searching for means to ensure price stability on world oil markets; security environment. Controls up to 50% of world oil trade. Headquarters - Vienna (Austria).

North American Free Trade Association - NAFTA - the establishment agreement was signed on December 17, 1992 in Washington, and became effective on January 1, 1994. Compound : USA, Canada, Mexico. Target: creation of a free trade zone in North America for 15 years; Measures are proposed to liberalize the movement of goods, services, and capital across borders with the gradual elimination of customs and investment barriers. In the future - the unification of all American states (similar to the EU in Europe). Constant headquarters No.

Black Sea Economic Cooperation Region - CHRES - created in 1990-1992 IN compound 11 countries included: Ukraine, Russia, Greece, Turkey, Albania, Romania, Bulgaria, Azerbaijan, Georgia, Moldova, Armenia. Target: creation of a regime of free movement of goods, services and capital in order to expand production cooperation and common entrepreneurship; expansion of economic ties in the Azov-Black Sea region and surrounding areas. Provides for general projects in the field of transport, television, energy, ecology, science and technology, agriculture, food industry, and the creation of a SEZ. Possible location headquarters Main Executive Committee - Istanbul (Türkiye).

BENELUX - an economic union created on the basis of the customs union. The establishment agreement was signed in 1958 for a period of 50 years and came into force in 1960. Compound : Belgium, the Netherlands, Luxembourg. Headquarters - Brussels (Belgium).

Asia-Pacific Economic Cooperation - APEC - established on the initiative of Australia in 1989 in the amount of 12 countries. In 2001 there were 21 countries. IN compound included: Australia, Canada, Japan, New Zealand, South Korea, USA, Indonesia, Malaysia, Singapore, Thailand, Philippines, Brunei, Mexico, Papua New Guinea, Chile, China, Hong Kong, Taiwan, Russia, Vietnam, Peru. Target : creation of APEC; easing mutual trade barriers; exchange of services and investments; dissemination of cooperation in the field of trade, environmental protection, etc. It is planned to create an APEC Free Trade Area by 2010. Constant headquarters No.

TO mixed blocks belong to integration groups of countries whose goal is cooperation in several areas. The direction of cooperation is determined by the goals of creating the organization.

Association of Southeast Asian Nations - ASEAN - political-economic union created in 1967 in Bangkok. IN composition 9 countries: Indonesia, Malaysia, Singapore, Thailand, Philippines, Brunei, Vietnam, Laos, Myanmar. In 2005, Russian President V.V. Putin attended the next summit. Target: promoting regional cooperation in the economic, social and cultural spheres in order to strengthen peace in the region; accelerating economic growth, social progress and cultural development in the region through common action on the principle of equality and partnership; cooperation in agriculture, industry, trade, transport, communications in order to improve the standard of living of the population; strengthening peace and stability, etc. Headquarters - Jakarta (Indonesia).

South Asian Association for Regional Cooperation - SAARC - political-economic union created in 1985 in Dhaka. Compound (7 countries): India, Pakistan, Bangladesh, Nepal, Bhutan, Sri Lanka, Maldives. Target : acceleration of economic, social and cultural development of participating countries, establishment of peace and stability in the region. In 1987, an agreement on the creation of a regional food fund and a convention on combating terrorism were signed in Delhi. Headquarters - Kathmandu (Nepal).

Caribbean Community - CARICOM - a political and economic organization for cooperation in the areas of trade, credit, currency relations, coordination of economic and foreign policies, the creation of common facilities. Created in 1973 on the basis of the Treaty of Chaguaramas (Trinidad and Tobago). IN compound 13 countries included. Target : political and economic cooperation; foreign policy coordination; economic convergence of the common customs regime; coordination of policies in the areas of currency and credit, infrastructure and tourism, agriculture, industry and trade; cooperation in the fields of education and health. Headquarters - Georgetown (Guyana).

League of Arab States - LAS - created in 1945 in Cairo on the basis of the Arab League Pact. Compound (21 countries). Target: strengthening ties between participating states in various fields (economics, finance, transport, culture, healthcare); coordination of actions of participating states to protect national security, ensuring independence and sovereignty; prohibition of the use of force to resolve disputes. Relations are based on the principles of respect for existing regimes in other countries and refusal to attempt to change them. Headquarters - Cairo (Egypt).

Organization “Islamic Conference” - OIC - created in 1971 at a conference of heads of state and government of Muslim countries in Rabbat (Morocco). Compound (50 countries. Target : promoting the strengthening of Muslim solidarity; protection of holy places; support for the struggle of all Muslims to ensure independence and national rights; supporting the struggle of the Palestinian people; cooperation in economic, social, cultural, scientific and other spheres of life. Headquarters - Jeddah (Saudi Arabia).

Commonwealth of Nations - a voluntary association of independent states, whose symbol is the British monarch, recognized as the head of the Commonwealth. Created in 1947 Compound (51 countries). Target : regular consultations of countries on economics, finance, science, education, and military issues; promoting the well-being of peoples. At meetings of the heads of state and government of the Commonwealth member states, the international situation, issues of regional development, socio-economic situation, cultural issues, as well as special programs of the Commonwealth are discussed. Headquarters - London (UK).

Commonwealth of Independent States - CIS - political-economic union created by agreement of December 8, 1991 Compound (12 countries): Azerbaijan, Armenia, Georgia, Belarus, Kazakhstan, Kyrgyzstan, Moldova, Russia, Tajikistan, Turkmenistan, Uzbekistan, Ukraine. The location of the Executive Secretariat is Minsk (Belarus). CIS budget is formed from equal contributions from participating states. Target: creating conditions for stable development of countries in the interests of increasing the living standards of the population; gradual creation of a common economic space based on market relations; creation of equal opportunities and guarantees for all economic entities; general implementation of economic projects; solving economic problems; political, military, economic and cultural cooperation of the participating countries. Headquarters - Minsk (Belarus) .

United Nations - UN - created on October 24, 1945, in 2002 it had 190 members. Observers UN: Vatican, Palestine, Organization of African Unity, European Union, Organization of the Islamic Conference, International Committee Red Cross, etc. Officially not a member of the UN one country is the Vatican. Target : support and strengthening of international security; development of relations between nations based on respect for the principles of equality and self-determination; international cooperation to solve world problems of a political, economic, social, cultural nature; promoting respect for human rights; transforming the UN into a center for coordinating the efforts of nations and peoples to achieve common goals. Headquarters - New York (USA).

Main subsections UN are as follows: General Assembly (GA) - the main body of the UN, which unites all its members (according to the principle of “one state - one vote”). Security Council (SC) - a single UN body that can make decisions binding on UN members. Economic and Social Council (ECOSOR) - is responsible for economic and social cooperation and solves problems related to the implementation of the GA recommendations (research, reports, etc.). Coordinates the activities of UN specialized agencies. Guardianship advice - consists of of the permanent members of the Security Council and resolves issues of US trusteeship over some islands of Micronesia.

International Court - The main judicial and legal body of the UN. Created in 1945 location - The Hague (Netherlands). The court resolves disputes only between states. UN Secretariat - consists of of the Secretary-General (elected for a 5-year term) and his appointed staff, who are responsible for carrying out the day-to-day work of the UN. High Commissioner for Human Rights appointed Secretary General and is responsible for the UN's activities in the field of human rights. Official languages ​​of the UN - English, Spanish, Chinese, Russian, French.

TO UN specialized units include: IAEA - International Atomic Energy Agency ( headquarters - Vienna); WMO - World Metrology Organization (Geneva); WHO - World Health Organization (Geneva) ; WIPO - World Intellectual Property Organization (protects copyright in all areas - Geneva ); UPS - Universal Postal Union ( Berne ); MMO - International Maritime Organization (maritime safety and ocean protection - London ); ICAO - International Civil Aviation Organization ( Montreal ); ILO - International Labor Organization ( Geneva ); IBRD - International Bank for Reconstruction and Development; IMF ; ITU - International Telecommunication Union (radio, telephone, telegraph - Geneva) ; IFAD - International Fund for Agricultural Development - Rome ; UNESCO - UN Educational, Scientific and Cultural Organization - Paris;FAO - Food and Agriculture Organization of the United Nations - Rome.

From the history of international law it is known that only in the middle of the 19th century. Under the influence of the objective needs of the development of the system of international relations, permanent international organizations appeared - the so-called international administrative unions. They were interstate organizations with narrow competence, which covered, in particular, issues of international cooperation in such special areas, such as transport, mail, communications, etc. Organizational structure these international administrative unions were underdeveloped.

With the acceleration of the scientific and technological revolution, the intensification of international economic, scientific, technical, cultural and other ties, the role and importance of international intergovernmental organizations grew steadily, and their number also grew. It became characteristic feature the world of the second half of the 20th century. The creation and activities of international organizations are regulated by generally recognized international legal principles and norms.

In legal literature and official international documents, the concept of “international organization” is traditionally used both about international intergovernmental (interstate) organizations (IGOs) and international non-governmental organizations (INGOs), although they differ in many criteria, primarily in their nature and legal status . Next we will talk about MMOO.

Speaking about the concept of an international organization, it should be noted that in international legal literature and international practice the general term “ international body" It covers three different institutions of international law through which real international cooperation between sovereign states is realized. These include: international conferences; international commissions and committees; international organizations.

It is known that the first among these institutions were international conferences. They originate from the congresses of monarchs of the 17th-19th centuries, which were aimed at the post-war settlement of relations between states. The appearance of international commissions dates back to the 19th century. associated with ensuring navigation and fishing on international rivers, with the activities of sanitary commissions, etc.

Unlike institutions international conferences, international commissions and committees, the institution of international interstate organizations has its main integral institutional elements:

Contractual basis;

Permanent nature of the activity;

Internal organizational mechanism.

Along with the indicated integral institutional elements of an international organization, it is also necessary to pay attention to additional features (elements) that constitute precisely the concept of an international organization. These include:

• presence of certain goals;
• independent rights (and obligations), different from the rights and obligations) of member states;
• grounds under international law;
• respect for the sovereignty of member states;
• international legal personality.

Based on the named characteristics (elements) of an international organization, we can give the following definition.

International (interstate) organization- where an association of states created on the basis of an international treaty to fulfill certain goals, which has a system of permanent bodies that have international legal personality, and is based in accordance with international law.

Speaking about the classification of international intergovernmental organizations, one should pay attention to the fact that it is ambiguous. In modern international system there are different in meaning, actual weight and formal characteristics international intergovernmental organizations.

International organizations are divided to:

1. Universal (worldwide) IMUO (UN, League of Nations).

2. UN specialized agencies. These include: International Labor Organization (ILO), International Telecommunication Union (ITU), Universal Postal Union (UPU), United Nations Educational, Scientific and Cultural Organization (UNESCO), World Health Organization (WHO), International Civil Aviation Organization (ICAO), International Atomic Energy Agency (IAEA), International Bank for Reconstruction and Development (IBRD), International Monetary Fund (IMF), etc.

3. Regional IMUO, including:

• Regional economic MMOOs: Organization of European Economic Cooperation (OEC, 1947), European Coal and Steel Community (ECOS), European Economic Community (Common Market), European Free Trade Association (EFTA), etc.;
• Regional military-political MMOO: North Atlantic Treaty Organization (NATO), Alliance of Thailand, Philippines and Pakistan (SEATO), etc.;
• Regional economic and political international educational institutions: Organization of American States (OAS), League of Arab States (LAS), Organization of African Unity (OAU), Organization of Central American States (OCAD), Central American Common Market (CACP).

By nature of powers:

• interstate organizations, whose main task is to ensure the cooperation of Member States;
• organizations of a supranational nature, whose bodies receive certain sovereign powers from member states. In particular, on certain issues they can make decisions that directly bind individuals and legal entities member states (European Union, some specialized UN agencies (MCE, AOCA), the decisions of which, in fact, are binding on the member states. Otherwise, the meaning of the activities of these organizations is lost.

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Confederation and other forms of interstate associations (unions, commonwealths, etc.)

Confederation- a union of independent states created to solve operational problems (diplomatic, military, political, economic, etc.). The interstate association has a number of essential features: 1. There is no unified sovereignty, member states retain their own independence. 2. Decisions of the supranational bodies of the union are of a recommendatory nature and come into force only after their approval by the authorities of the participating states. 3. There is no single territory, single citizenship and legal system of the union. 4. States that are members of the union have the right of nullification, which involves the renunciation of any obligation assumed within the framework of the union, including the termination of the confederal treaty itself (the right of secession).

Confederation in the proper sense of the word is a rather rare phenomenon. The United States was a confederacy from 1776 to 1789. The Swiss Confederation (1815-1848) was a union of 23 sovereign cantons to ensure foreign and domestic policy. Formally, Switzerland is still a confederation. In general, the fate of the confederation is short-lived: they either break up into independent states (1958 - 1961 UAR (Egypt - Syria); 1982 - 1988 confederation between Gambia and Senegal) or transform into a single state (USA, Germany, Switzerland) .

The form of a state also depends on which states it interacts with and what kind of connections it maintains with them. When entering into relations with other states, subjects of international life must, to the extent possible, sacrifice their own independence in order to achieve common goals for these states.

There are voluntary and forced interstate associations.

TO voluntary forms associations of states include confederations, commonwealths, communities, associations.

1. Confederation are usually created through the signing of international treaties by representatives of the relevant states to achieve economic, political or other goals, which allows for more favorable conditions for their development. The states included in the confederation do not lose their statehood and can leave the confederation at any time.

2. Commonwealth- a union of states characterized by general homogeneity due to commonality, integration of economic relations (as, for example, in the CIS countries), or linguistic unity (as in the countries of the British Commonwealth of Nations), or a common legal system, culture, religion (as in countries members of the Arab League). The ties between members of the commonwealth are less close than those of members of confederations, and therefore the procedure for joining and leaving the commonwealth is simpler.

3. Community – an association of states to resolve issues on which the viability of the state and its status (ek, polit) in the world community depend, for example, the Organization of Petroleum Exporting Countries.

4. Association is an association of states on issues related to the category of global world problems (preservation of peace, environmental protection, rational use of natural resources, etc.). An example is the Association of Pacific Rim Countries - ASEAN, created to maintain peace and order in this area.

TO violent forms Associations of states include unions and empires. True, such associations are more likely from the past, although not so distant.

1) Unions- associations of states, not always based on true voluntariness. As a rule, states are forced into unions, because otherwise they will have to experience much more unfavorable consequences and bear serious costs.

International intergovernmental organizations

For example, these are the countries of the Baltic Union - Lithuania, Latvia, Estonia, which have set themselves the goal of moving away from Russia, and some Central Asian republics of the former USSR, which for many centuries have experienced pressure from their southern neighbors.

2)Empire are formed by either physical conquest (Ottoman Empire, Roman Empire), or by exerting economic, political, and other types of pressure (for example, the USSR). Typically, empires have the following characteristics: a) vast territory; b) highly centralized power; c) an elite seeking expansion; d) asymmetrical relations of domination and subordination between the center and the periphery; e) heterogeneous ethnic, cultural and national composition. An empire rests on the use or threat of use of coercion (military, economic, political, ideological), and as soon as this foundation disappears, the empire collapses.

Types of interstate associations

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Empire– was a forcibly created complex state.

Legal characteristics of the empire:

1. Violence of unification (usually as a result of conquest).

2. The special privileged position of the conquering state.

Confederation- a union of states that retain sovereignty, but on a certain range of issues have general organs and jointly exercising powers

Signs of the Confederacy

1. Confederation is a union of independent states united on the basis of an agreement to achieve certain goals.

2. The Confederation is a fragile entity.

3. Lack of a single territory (consists of the territories of states and its members).

4. Lack of uniform citizenship.

5. Subjects of the confederation have the right to freely withdraw from it and nullify (cancel the actions of the confederation bodies on their territory).

6. The subject matter of the confederation includes a small range of issues (war and peace, international politics, etc.)

7. The budget of the confederation consists of voluntary contributions from its members.

Commonwealth– an organizational union of states characterized by the presence of common features and a certain degree of homogeneity (CIS).

Their common features may relate to

a) economy (same form of ownership, integration of economic relations, single monetary unit, etc.);

b) systems of law;

d) culture;

d) religion.

Community of States– these are transitional forms of state unions, which are based on interstate agreements (for example, the community of Belarus and Russia).

State (political) regime – characterizes a set of techniques, methods, methods of exercising state power.

16 typology of states

Typology of states is its specific classification, intended to highlight all states that have existed in the history of mankind or currently exist, allowing to reveal their social essence

There are two traditional approaches to the typology of the state

Formational and civilizational

Formational – from a legal point of view, the most developed

It is based on the concept of socio-economic formation, which characterizes the type of society in the unity of its basis, type industrial relations and the superstructure, which includes state law, culture, religion, morality

It is the basis - that is, the type of production relations - that is the decisive factor in social development, which determines the corresponding type of superstructural elements of state law, etc.

The approach was developed within the framework of Marxist theory and it identifies 5 socio-economic formations

1 primitive communal

2 slaveholding

3 feudal

4 bourgeois (capitalist)

5 socialist

There are 4 types of states

1 slaveholding - a tool for maintaining the power of slave owners over slaves, who were the property of free citizens, the slave had no rights and was turned into a speaking instrument of labor

Function: suppression of slave revolts

2 feudalism is considered to be the dictatorship of the class of feudal lords (land owners) who appropriate the unpaid labor of peasants.

Function – maintaining land ownership

3 capitalist - the dictatorship of the bourgeoisie, in which class inequality is replaced by social inequality, the worker is legally free, but deprived of the means of production is forced to sell his power to the capitalist

Grund Resse – economic manuscripts of K. Marx

4 socialist - as the final form of the state

1 revealing the pattern that the state is based on the same types economic structure society and has a characteristic set of general characteristics of the state are of the same type in their characteristics

2 correct definition of the economic base and superstructure

1 unilinearity in the interpretation of the historical development of statehood as a mechanical replacement of one historical type of state by another

2 division of states into exploitative and anti-exploitative

3 Ignoring the Asian mode of production

4 characteristics of the socialist state as the historical last and higher type states

5 the elimination of the need for a state through the achievement of universal equality

Engels – origins of a family of private property

Civilizational approach

It is based on the concept of civilization - a unique set of material and spiritual values ​​that ensure the sustainable functioning of society and human life.

Representatives of this approach are Arnold Toynbee Spendler Weber Sorokin

8-9 page of the manual

A significant contribution to the development of the Civ approach was made by Toynbee “Comprehension of History” 12 volumes

According to Toynbee, civilization is a closed and local state of society, characterized by a commonality of religious national geographical and other characteristics

He identified 21 example civilizations

Each civilization gives a stable community to all states existing within its framework

Toynbee substantiated the theory of the cycle of successive closed civilizations

Dynamic changes occur not within the framework of the global social process, but within a separate civilization

The priority in this theory is ideal-spiritual factors

Rostow, he considers, depending on the level of economic development of society, five different societies, see the manual

Hans Kelsen

pigolkin

17. Political regime.

Types of political regimes

Democratic

Signs of a democratic regime:

1. The people are the source and bearer of power and have real opportunities to express their will (elections, referendum).

2. State power expresses the interests of the majority of the country's population.

3. Personal freedom in the economic sphere.

4. Constitutional consolidation and real implementation of human rights and freedoms.

5. True democracy in all its forms.

Separation of powers.

7. Pluralism in public life.

8. Coercive measures by the state are of a legal nature (provided for by law and carried out in special procedural forms).

· Development of civil society institutions.

· Regime of legality.

Signs of an anti-democratic regime:

1. Power belongs to one closed elite, the people are deprived of a real opportunity to influence politics.

2. State power expresses the interests of individual segments of society.

3. Neglect of the interests of the individual on the part of the state.

4. Ignoring the interests of national minorities.

5. Dictatorship of one political party.

6. Nationalization of public organizations.

7. Persecution for dissent.

8. In the process of power, methods of violence, coercion, and intimidation are used; State coercive measures are arbitrary.

9. Citizens are deprived of the legal opportunity to defend their interests.

10. Mode of expediency.

PSO in the narrow sense is a set of state and public organizations and institutions through which the political life of society is carried out.

PSO in a broad sense is the totality of all political phenomena that exist in society.

PSO functions

· Determination of goals, objectives and ways of development of society (performed by the state)

· Organization of the company’s activities to achieve its goals

· Distribution of material and spiritual resources

· Coordination of diverse interests of subjects political process

· Development and implementation of norms and rules of behavior into the life of society

· Ensuring stability and security of society

· Political socialization of the individual, introducing people to political life

· Monitoring the implementation of political norms, suppressing attempts to violate them

PSO structure in the narrow sense

· Proper political organizations. The purpose of their existence is to exercise power or influence it.

1. Concept and classification of international organizations

Their characteristic feature direct connection with politics and their immediate task is to achieve a certain political goal, which is enshrined in the charters

(states are the core of the political system of society, political parties- their purpose is to come to power, socio-political movements also pursue political goals (the struggle for peace).

· Non-political organizations are organizations that carry out their activities in the economic, social, cultural spheres of society and they do not set themselves independent political goals, do not participate in the struggle for power, do not enshrine in their charters the tasks of actively influencing political interests on state power However, their goals cannot be achieved in the non-political system of society (trade unions, cooperative organizations, youth).

· Organizations that have little political aspect in their activities. They arise and function to realize the personal interests of a group of people. They acquire a political connotation as objects of influence from the state and other proper political institutions. (Clubs of interest, sports societies)

PSO structure in a broad sense

· Three groups of organizations from PSO in the narrow sense

· Political relations are numerous and varied connections between subjects in political activity

· Political consciousness is a set of ideas, views, theories, feelings, emotions with the help of which subjects express attitudes towards political phenomena in the life of society

· Political culture is the experience of political activity passed on from generation to generation, which combines knowledge, beliefs and behavioral patterns of individuals and social groups.

· Political practice is the objective goal-setting activity of subjects of political life, which characterizes their attitude to politics and participation in it

· Political norms are rules of behavior aimed at achieving political goals

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The form of government is an element of the form of the state that characterizes the internal structure of the state, the method of its political and territorial division, which determines certain relationships between the bodies of the entire state and the bodies of its constituent parts.

There are the following forms of government: unitary state, federation, confederation.

Unitary state characterized by the following features:

1.administrative-territorial units do not have political independence.

2.single citizenship

3. unified government structure. apparatus

4. unified legislative system

5.unified system of taxes and fees.

In a unitary state, all external interstate relations are carried out by central bodies representing the country. The state, not the territory, has the monopoly right of taxation.

The chambers of unitary state bodies are usually unicameral. The unitary nature of the state does not exclude the presence of autonomous entities (Italy, Spain). Depending on the presence of autonomy, simple and complex unitary state governments are distinguished. Simple ones consist only of administrative-territorial units (Poland, Thailand). Complex unitary states include some form of autonomy (Nicaragua).

According to the degree of centralization, unitary state governments are divided into: decentralized and centralized.

In decentralized unitary state governments, at all levels of the administrative-territorial division there are only elected bodies and there are no officials of general competence appointed from above (Great Britain, Japan)

In relatively decentralized unitary state units, not all, but some of the territorial units are self-governing. For example, in Bulgaria, lower units - communities - are self-governing, and regions are administrative in nature.

In centralized unitary states, from top to bottom there is a system of governing bodies appointed “from above.” (Norway, Romania)

Federation – a complex union state, parts of which are state entities and have state. sovereignty and other signs of statehood.

The features of a federation include:

1. having dual citizenship (although not in all federations)

2.dual system of state. apparatus (at the federation level and at the subject level)

3.dual system of legislation (federal and federal subjects)

4.double system of taxes and fees

5.the presence of certain political independence in the subjects of the federation, exclusive powers and areas of jurisdiction in which the federal government does not interfere.

IN modern federations Secession is prohibited, i.e. unilateral withdrawal from the federation. The parliaments of federal states are usually bicameral, with the upper house consisting of representatives of the constituent entities.

Federations are classified:

1.according to the method of division - into: national(India) and those territorial(Switzerland)

2. by method of education: negotiable And constitutional. Treaty ones arise as a result of the unification of previously independent states (USA, Switzerland). Constitutional ones are created “from above” by issuing an official act supreme power, most often constitutions (Germany)

3. by legal status subjects: symmetrical and asymmetrical.

In symmetrical federations, the subjects have equal rights (according to the 1993 constitution)

Asymmetrical ones do not have equal rights (India). Asymmetry may be associated with the presence in the federation of not subjects, but federal districts, federal territories, and possessions.

The largest federation in terms of the number of subjects is the Russian Federation, which includes 89 subjects. The Russian Federation includes republics, territories, regions, autonomous regions, autonomous districts, and cities of federal significance.

Confederation- a temporary union of states formed to achieve political, military and other goals. Unlike a federation, a confederation is not a state, but a union of states.

The name confederation is still preserved in the names of some countries (Canada, Switzerland), however, this is only a tribute to tradition; in fact, these countries are federations.

The form of government is the national and administrative-territorial structure of the state, which reveals the nature of the relationship between its components, between central and local government bodies and authorities.

There are the following forms of government: 1) Unitary state 2) Federal state 3) Confederate (currently does not exist in nature) 4) Regional state.

Unitary state- is a single, integral state entity, consisting of administrative-territorial units that are subordinate to the central authorities and do not have signs of state independence. In turn, a unitary state can be: a) Simple or complex. A unitary state that does not have autonomous entities is called simple (Bulgaria, Poland), and with autonomy (one or more) is called complex (Finland, Denmark). Autonomy is the self-government of a certain part of the territory of the state, differing in national, everyday, and geographical conditions. b) Centralized - management in regional units is carried out by officials appointed from above. Decentralized (Great Britain) - on the contrary, there are elected bodies at all levels of administrative-territorial division. Relatively centralized (France) - governance in regional units is carried out by both appointed officials and elected bodies.

Federal State- is a voluntary unification of previously independent state entities into one union state, a state consisting of member states or state entities (federal subjects). At the moment there are 24 federations in the world. Federations are: a) Treaty and constitutional. Federations created on the basis of a union, by combining previously independent state entities, were called contractual (USA, Tanzania, UAE). And federations created “from above”, by acts of state bodies (usually constitutions), dividing the territory of the country into federal subjects, are called constitutional (India, Pakistan). Often these and other processes were combined, as a result of which many federations are treaty-constitutional (Russia, Yugoslavia, Mexico). b) National, territorial and complex federations.

International organization

Federations created on the basis or taking into account national (linguistic, linguistic) characteristics were called national (Yugoslavia, Belgium). Federations such as the USA, Brazil, Mexico, and the UAE are based on territorial characteristics, which is why they are called territorial. However, more often the structure of the federation takes into account ethnic, everyday, economic, and even geographical aspects; such federations are complex in nature. c) Symmetrical federations - all their constituent parts are subjects with the same constitutional and legal status (Australia, Germany). Asymmetric federations - the scope of powers of different subjects is not the same (India, USA).

Confederation is a temporary legal union of sovereign states created to ensure their common interests. The last confederation, Senegambia, dissolved in 1988.

Regional State- its entire territory consists entirely of autonomous entities that have the right of their own (local) legislation. Representatives of this new form of government are countries such as Italy, South Africa, and Spain.

Interstate entities(CIS, Union of Europe).

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World Trade Organization (WTO)- the successor since 1995 of the previously in force General Agreement on Tariffs and Trade (GATT, signed in 1947; in the early 90s, over 150 countries participated in it).

The package of documents establishing the WTO also includes the General Agreement on Trade in Services (GATS) and the Agreement on Trade-Related Aspects of Intellectual Property Rights.

Currently, the most important task of the WTO is the liberalization of world trade through a consistent reduction in the level of import duties and the elimination of various non-tariff barriers. In its activities, this organization proceeds from the fact that the expansion of international exchange will allow for the most optimal use of world resources, ensure the stability of the economic development of all countries and preserve the environment.

European Free Trade Association (EFTA)- a regional economic grouping created in 1960. Its original composition included Austria, Great Britain, Denmark (until 1973), Norway, Portugal (until 1983), Switzerland, Sweden.

At a later stage, Iceland, Finland and Liechtenstein joined this organization. In 1991-1993 free trade agreements were signed with Turkey, Czechoslovakia, Israel, Poland, Romania, Hungary and Bulgaria.

According to the agreement on the European Economic Area (came into force in 1994), the EFTA member countries became its participants (with the exception of Switzerland and Liechtenstein).

European Communities (EC)— a general name for three regional integration groupings Western Europe: European Economic Community (EEC, created 1957), European Coal and Steel Community (ECSC, 1951), and European Atomic Energy Community (Euratom, 1958).

After the participants of these organizations went through a number of stages in the development of integration processes, the most notable event was the adoption of the Single European Act (1986), which clearly outlined the idea of ​​​​creating the European Union.

European Union (EU)- an integration association created on the basis of the European Communities in 1993 according to the Maastricht Treaty (1992). Initially, 12 countries had membership in the EU: Belgium, Great Britain, Germany, Greece, Denmark, Ireland, Spain, Italy, Luxembourg, the Netherlands, Portugal and France. According to the 1994 agreements, three more countries joined the union (1995): Austria, Finland and Sweden.

Continuing to develop the ideas of creating a united Europe (the so-called “Europe without borders”), this group seeks to form a political, economic and monetary union of the participating countries.

United Nations Conference on Trade and Development (UNCTAD)— is a body of the UN General Assembly created in 1964.

The most important task of UNCTAD is to promote the development of international trade.

International Development Association (MAP)- specialized agency of the UN; established in 1960 as a branch of the International Bank for Reconstruction and Development. MAP provides loans primarily to developing countries on slightly more preferential terms than the IBRD.

International Bank for Reconstruction and Development (IBRD)- a credit authority with the status of a specialized agency of the UN. The IBRD was founded in 1944, but began operating in 1946, providing medium- and long-term loans. Membership in this organization is available only to IMF members.

The IBRD has branches: the International Development Association, the International Finance Corporation and the Multilateral Investment Guarantee Agency.

International organizations

Together with its branches, the IBRD is sometimes called the World Bank.

International Monetary Fund (IMF) — financial institution, which has the status of a specialized agency of the UN.

The IMF was founded in 1944 (Bretton Woods, USA), and has been operating since March 1, 1947. The most important tasks of the Fund are to promote the development of monetary and financial relations between member countries, maintain exchange rates, and provide credit assistance in order to equalize balances of payments.

Currently, about 180 states are members of the Fund, including Russia (since 1992) and other CIS countries.

United Nations (UN) is an international organization whose members currently include over 180 countries.

The UN was created in 1945 with the aim of maintaining and strengthening peace, security and developing international cooperation, including in the economic sphere. A number of its main bodies and specialized institutions play a prominent role in modern international economic relations.

Organization of the Petroleum Exporting Countries (OPEC)- an international intergovernmental organization. Created in 1960 in order to protect the interests of the main oil-producing states of Asia, Africa and Latin America, coordinate the production and export of oil, as well as harmonize prices for this energy carrier.

13 countries have membership in OPEC: Algeria, Venezuela, Gabon, Indonesia, Iraq, Iran, Qatar, Kuwait, Libya, Nigeria, UAE, Saudi Arabia, Ecuador.

In the 70s OPEC has repeatedly raised and introduced a single selling price for oil. However, significantly increased oil production in countries that are not members of this organization has reduced the role of OPEC in global oil production and trade.

Organization for Economic Cooperation and Development (OECD)— organization of the most economically developed countries in the world; created in 1960 to coordinate their economic and social policies. By 1997, the number of its members had increased to 29 (the last of them was the Republic of Korea in November 1996).

The OECD at this stage is not an integration association like the EU. This organization focuses its activities on developing recommendations to member countries on foreign economic problems, without significantly affecting issues of their internal socio-economic development.

"Paris Club"- an intergovernmental organization of creditor countries, members of the IMF. A group of leading industrialized countries formed this “club” in 1961 with the aim of creating conditions for IMF member countries to borrow financial resources from it in the event of a shortage of fund resources in crisis situations.

The Paris Club began its activities in 1962 under the General Agreement on Borrowings with the IMF.

"Roman Club"- international public organization, created in 1968 with the aim of studying the main aspects of human development in the era of scientific and technological revolution. The “Club” played an important role in attracting the attention of the world community to the global problems of modern civilization, generated by the contradictions of social development and the sharply increased scale of human impact on the environment.

UN Economic Commissions— five regional economic commissions, whose activities are carried out under the leadership of the UN Economic and Social Council (ECOSOC). These are the Economic Commission for Europe (EAC, created in 1947), the Economic and Social Commission for Asia and the Pacific (ESCAP, 1947), the Economic Commission for Latin America (ECLA, 1948 and 1951), the Economic Commission for Africa (ECA, 1958), Economic and Social Commission for Western Asia (ECWA, 1974).

UN Economic and Social Council (ECOSOC)- one of the main bodies of the UN, responsible, along with General Assembly The UN and under its leadership are responsible for carrying out the functions of the UN in the economic and social spheres.

The Council is the body that directs and coordinates the activities of UN agencies in these areas. Within the framework of ECOSOC, issues of international economic and social policy are discussed, fundamental recommendations are developed for the governments of UN member states and the establishment of its system.

The complexities of the territorial structure of states have been known to man since ancient times. The Roman Empire is considered one of the first large state formations. In the Middle Ages, Byzantium and the Frankish state arose. Throughout the history of mankind, some territories have been annexed to others, countries have been divided, and states have been united. IN lately The situation in the world is extremely unstable. Many countries are striving to unite to solve pressing global problems.

New time

During this period, there is an increase in the number. So, for example, there were unions between Poland and Saxony, Luxembourg and the Netherlands. There were also temporary unions of sovereign states. Examples include the US, Swiss and German confederations.

20th century

In the first half of the century, the Commonwealth of Nations received legal registration, and the Danish-Icelandic Union arose. In 1905, a protectorate of Japan was established over Korea, and in 1922, a protectorate of Nazi Germany was established over Slovakia, Moravia, and the Czech Republic. Meanwhile, most of the integration processes took place in the second half of the 20th century. In the 1950s-1990s. about 100 new countries appeared in Latin America, Africa, Asia and Oceania. This happened due to the collapse of large metropolises. It is worth saying that these processes largely predetermined the emergence of many interstate associations. For example, in 1963, the Organization of African Unity arose, and in 1947, the Organization of American countries. From 1981 to 1989 there was a union of states (confederation) of the Gambia and Senegal. In 1945, the Arab League came into being.

European Communities

They also underwent changes in the second half of the 20th century. European Communities- a set of three formally independent organizations that have common governing bodies. They were the EEC (since 1993 - EU), EURATOM and ECSC (until the expiration of the founding treaty in 2002). In 1949, the Council of Europe came into being. With its advent, a new page in the history of development of cooperation between countries opened. Some of them signed Treaty of European Union. The interaction of countries within it influences world politics and economics. The Russian Federation was not spared all these processes. European Union and Russia are partners in many areas of activity. In 1996, the Russian Federation was admitted to the Council of Europe. In addition, it is one of the members of the CIS (since 1991). Close cooperation is noted between the Russian Federation and Belarus.

Interstate association - what is it?

There is no definition of this concept in modern theory. The fact is that science has not considered it as an independent institution for a long time. Meanwhile, in recent years there has been a tendency to isolate it from the general concept of the forms of organization of countries. A number of scientists, for example V.E. Chirkin, indicate that, along with traditional forms, there are elements of federalism. In addition, as the author notes, today many organizations have emerged that have some constitutional and legal elements. At the same time, Chirkin does not consider such interstate associations from the point of view of the form of structure of countries. He only states their presence. V. S. Narsesyants also studied the issue at one time. He expressed the following opinion. According to the author, interstate associations must be distinguished from the form of territorial government. In his works, Nersesyants tries to formulate a definition. In particular, he believes that the institution in question is a specific union of states, which provides for common bodies, but the countries included in it retain sovereignty. In general, we can quite agree with this definition. To ensure the preservation of sovereignty, countries usually sign an agreement. An example is, in particular, Treaty of European Union. A similar agreement is in force between the CIS members. In 1991, it was signed by the CIS members.

Main features of the institute

In accordance with the characteristics of the form of state structure and its definition developed in theory, one can try to identify the characteristics that unite it and the interstate formation. The main feature of both concepts is that they reveal and reflect the internal structure of institutions, the interaction between their elements, and the way power is organized in the territory. At the same time, in contrast to the form of organization, an interstate association primarily shows the nature of cooperation between sovereign countries included in it. Secondly, you should pay attention to the presence and method of interaction between organs. As a rule, the most acceptable form for all countries is chosen, similar to the one that exists within each of them.

Important point

It seems that everything interstate associations (table the main ones are presented in the article), act as independent institutions. They are closely related to the elements of the form of organization of countries, but are not included in it. Associations, despite the presence of signs of statehood, cannot be called independent states.

Species

The main types of interstate associations can be summarized in the table below.

	Characteristics
Confederation	A union of countries created to achieve common goals. Main areas of interaction: military; economic; political
Commonwealth	The association is created on the basis of agreements, charters, and declarations. As a rule, participants are countries with common economic interests, identical or similar legal systems, common linguistic, cultural, religious roots
Functional Purpose Community	The main goal is to promote closer unity of countries, strengthen peace, protect freedoms and human rights
	Form of unification of two or more states under the authority of a head

Confederation

This is a temporary association created to achieve specific goals. So, for example, in 1958 the confederation of Syria and Egypt was formed. The key goal of the unification was to resolve the Arab-Israeli conflict. The Confederation collapsed in 1961. Distinctive feature such a union is unstable. After achieving its goal, the confederation either disintegrates or transforms into a federation. Another feature of the association is that all member countries retain sovereignty and can secede at any time. It is worth saying that joining the confederation is voluntary. To achieve the goals for which the association was created, governing bodies are formed. The acts issued by them are advisory in nature. Approval is required for them to come into effect. higher structures power of the members of the confederation.

Commonwealth

This form of unification is a kind of transitional stage. Over time, it can transform into a confederation or federation. Examples include the CIS and the British Commonwealth. The Commonwealth of Independent States includes countries that are former Soviet republics. In the CIS there are Councils of Heads of Government and State, and Ministers of Foreign Affairs. In addition, the Main Command of the United Armed Forces (armed forces), the Border Troops Command Council, the Economic Court, the Economic Court were formed. The Charter serves as the legal basis. It was adopted in 1993. In addition, the states that are members of the Commonwealth have signed many multilateral agreements(on the formation of customs and economic unions, visa-free regime). Active regulations the rules for secession from the association are established. Any participant can leave the CIS by notifying the custodian of the Charter (Belarus) in writing 12 months in advance.

Objectives of the Commonwealth of Independent States

The main directions are:

1. Cooperation in economic, humanitarian, economic and other fields.
2. Creating a common position on the main international issues, implementation of collective foreign policy actions.
3. Military-political interaction, joint defense of external borders.

Coalition

It represents military-political, political or states. A coalition is being formed to ensure common security, joint defense, and coordinate the stages of preparation and conduct of military operations. The association is based on bilateral/multilateral agreements, acts, and treaties. Typically, a coalition establishes common goals and defines the nature of collective action. Each country included in it, however, pursues its own economic, political or military interests.

Schengen area

She unites 26 European countries. Initially, the zone was the space of several countries, on whose territory the agreement concluded in Schengen in 1985 came into force. In 2016, Schengen countries were forced to revise border control rules due to the large number of migrants. On the internal borders of the members, order was tightened. In addition, in 2016 Schengen countries were forced to make changes to the rules of control at the external border. The previously separate legal and regulatory framework from the EU was integrated into a single legislation with the entry into force of the Amsterdam Agreement of 1999.

Union

It can be personal or real. The formal basis for concluding the first was dynastic marriages. This is how, for example, the Swedish-Polish union was formed. As a rule, the power of the general ruler was nominal. This was due to the fact that countries retained international legal capacity and their sovereignty. Personal unions were very common in the era of feudalism. Real unions (for example, Hungary and Austria 1867-1918) were considered more durable unions. They acted in the international arena as a sovereign entity. The association included general structures control and power, united troops, common money.

Additionally

In the modern world there are also universal interstate associations. The most famous is the UN. There are about 200 countries in the United Nations. The main goal of the UN is to promote closer cooperation between countries, as well as strengthen peace on the planet.