Rights of States

State boundaries

Государство как субъект международного права. Границы, права и обязанности государств.

Право внешних сношений. Дипломатический корпус.

Diplomatic corps –

- denotes the entire body of all diplomatic representatives, ambassadors and ministers, nuncios and internuncios, charges d’affaires

in broader sense: – not only heads of missions but the diplomatic personnel headed by them

(ministers-counsellors, counselors, first, second, third secretaries, attachés),

- and persons who enjoy diplomatic status

(trade representatives, military attachés, experts),

- family members.

DC:

- has no status of a political organization

- allows effective solutions of certain questions of concern to all diplomatic missions

- makes it easier to brief them on the country’s political course

- facilitate the contacts with official circles and among missions themselves

DC is headed by a Doyen:

- head of a diplomatic mission with longer term of stay in the given country

- high-ranking diplomatic officer

- respected post(but he is not authorised to give orders to other members)

- unofficial consultative meetings with heads of missions of ceremonial nature(in the course of a luncheon, farewell parties) or on matters of protocol

- brief on customs,protocol practice, give recommendations to his colleagues

- speaks on behalf of DC at festive events

Heads of mission are divided into 3 classes - namely:

1) ambassadors, nuncios, and others of equivalent rank (accredited to Heads of State)

2) envoys, ministers, internuncios (accredited to Heads of State)

3) charges d’affaires (accredited to Ministers for Foreign Affairs)

If the post of head of the mission is vacant, or if the head of the mission is unable to perform his functions a chargé d'affaires ad interim shall act provisionally as head of the mission.

Every state enjoys complete and exclusive sovereignty over its territory and the air space above it.

To be recognized as a sovereign state it should be consistent with several conditions: to have population, territory, government, that can rule the country, currency etc.

- land boundaries (no rule, determined by express or tacit agreement with its neighbors)

- territorial waters (‘cannon shot’ rule, 3 miles, The 1982 Law of the Sea Convention: 12 miles TW, 200 miles EEZ)

- airspace (exclusive jurisdiction)= full, exclusive sovereignty

- Every State has an inalienable right to choose its political, economic, social and cultural systems, without interference in any form by another State.

Duties:

- to promote universal respect for and observance of human rights and fundamental freedoms

- to fulfil in good faith the obligations

- to refrain from

o threat or use of force against other State (or in any other manner inconsistent with purposes of UN)

o acts of reprisal (involving the use of force)

o organizing, instigating, participating in civil strife in another State

o measures of coercion(принуждение) of another State (economic, political or other)

o subversive, terrorist or armed activities towards violent overthrow of the regime (organize, assist, foment, finance, incite or tolerate)

11. Организация Объединенных Наций: создание, устав, цели и принципы.

- The main provisions of the UN Charter were drew up on the conference of USSR, USA, UK and China representatives in 1944 in Washington

- The final draft of the Charter was signed on 26 June 1945 by the representatives of the 50 countries.

- The UN came into existence on 24 October 1945 (Charter ratified by China, France, USSR, UK, US and a majority of other signatories). USA – depository of instruments of ratification.

Purposes:

- maintain international peace and security

- develop friendly relations among nations (equal rights and self-determination)

- achieve cooperation in international problems (economic, social, cultural and humanitarian), promoting respect for human rights and fundamental freedoms

- harmonize the actions of nations in attaining these common ends

The Organization and its Members, in pursuit of the Purposes stated in Article 1, shall act in accordance with the following Principles.

- sovereign equality of all its Members

- fulfilment of obligations in good faith by all Members

- settlement of disputes by peaceful means

- to refrain from the threat or use of force

- assistance to the UN in any action

- nothing in the Charter is to authorize the UN to inter­vene in matters within domestic jurisdic­tion of any state

- GA admits new Members on recom­mendation of SC.

- Sus­pension or expulsion of a Member for violation of the principles provided.

- Official languages: Chinese, English, French, Russian and Spanish (Arabic added as official language of GA, SC and Economic and Social Council).

Дата добавления: 2015-01-03