Право вооруженного конфликта (понятие, задачи, основные конвенции)

Procedure

Ad hoc judges

Международный Суд ООН (ICJ).

The International Court of Justice(ICJ) – principal judicial organ of the UN

- established in 1945 by the Charter of the UN

- began work in 1946

Headquarters and permanent seat – Peace Palace, the Hague (Netherlands)

Role:

- settlement of legal disputes submitted by States

- advisory opinions on legal questions referred by UN organs and specialized agencies

Registry, headed by a Registrar -administration, elected by the Court for a 7-year term.

Official languages: English, French

Parties to the Court's statute: all UN members. Non-UN members may also become parties.

Composition:

- 15 judges elected for 9 years by GA and SC

- elections every 3 years

- continuity (1/3 of judges retiring/re-elected each election)

- Judges are elected as individuals, not as representatives of their countries, and are required to make a solemn declaration in open court of impartiality in the exercise of their functions.persons of high moral character

- qualified for highest judicial office in their states

- sufficient competence in int. law

- not able to hold any other post, nor act as counsel

- dismissed by unanimous vote of other members of the Court

- owner of the Peace Palace - The President of the Court (elected triennially by his colleagues

- any party to a contentious(спорный) case can nominate a judge of their choice to participate fully in the case and the deliberations(размышления), along with the permanent bench

- 17 judges are possible to sit on one case

Chambers (Судейские коллегии)

Court can form smaller chambers, usually 3 or 5 judges, to hear cases (chambers for special categories of cases and ad hoc chambers to hear particular disputes).

The hearing is open to the public.

Sources of law:

- int. conventions

- int. custom

- ‘general principles of law recognized by civilized nations’

- academic writing and previous judicial decisions to help interpret the law

(but not formally bound by previous decisions)

- decision ex aequo et bono – " in justice and fairness " if granted by parties

(equitable(беспристрасный) decision based on what is fair under the circumstances)

The decision of the Court is adopted by majority vote, the President of the Court having a casting vote in the event of a tie., the judgment is ‘final and without appeal

- 9 judges constitute a quorum

- questions decided by majority of judges present

- hearings may be held in Hague or elsewhere

- court may render judgment in certain disputes between states

International Humanitarian Law – the body of Law, can be defined as the principles and rules which limit the use of violence in times of armed conflict.

The aimes:

- protect persons who are not or no longer directly engaged in hostilities – wounded, shipwreckers, prisoners of war, civilians

- limit the effects of violence in fighting to the attainment of the objectives of the conflict

Main Conventions:

- Law of Geneva – protection of victims of conflict(First Geneva Convention enshrined(лелеять) the principals of universality and tolerance in matters of race,nationality and religion)

- the Peace Conferences at the Hague 1899, 1907 adopted conventions defining the laws and customs of warfare and declaration forbidding certain practices, including the bombardment of undefended towns,the use of poisonous gases and soft-nosed bullets(failed to agree on compulsory arbitration as a means of settling disputes which threaten peace)

- UN – efforts to ensure that human rights are respected in arms conflict, maintenance of peace and prevention of armed conflict – the Vital concerns of the UN

- UN affirmed a resolution of the 20^th International Conference of Red Cross and Red Crescent(Vienna 1965) which laid down 3 basic principles of action in armed conflict:

1. The right of parties to a conflict to adopt means of injuring the enemy is limited

2. Prohibited to launch attack on civilian population

3. Distinction between persons taking part to hostilities and civilians

17. Понятие «нейтралитет». Права и обязанности нейтральных государств.

Sources of the International Law of Neutrality:

- customary international law

- international treaties

o Paris Declaration (1856)

o The 1907 Hague Conventions (No V, XII)

o The 4^th Geneva Protocol (1949)

o Additional Protocol I (1977)

Concept of neutrality:

- Territory is inviolable

- non-participation in armed conflicts, avoidance of being involved (impartiality)

- neutral space: national territory, airspace, territorial waters, citizens (nationals) – neutral persons

- measures to protect neutrality (force to prevent violation, self-defence)

- hot pursuit right

- prisoners of war recognized as refugees (can be accepted in NS)

- belligerents are forbidden to move troops or supplies across the territory of a NS

- members of belligerent(воюющая) armed forces should be detained

- corps of combatant cannot be formed nor recruiting agencies opened on the territory of NS to assist the belligerents

Duties of belligerent states:

- establish neutral policy (respect status of neutrality)

- warships and medical ships in neutral ports: 24 hours, 3 vessels, only for repair

- military aircraft restricted to enter airspace

States: Austria, Belgium, Costa Rica, Cambodia, Ireland, Laos, Liechtenstein, Luxembourg, Moldova, Sweden, Switzerland, Turkmenistan.

18. Право международных организаций: понятие, виды, роль в современном обществе. Роль МАГАТЭ в современном мире.

Internarional organizations –

- Org.established by treaty or other instrument (resolution, joint unilateral act) governed by international law

- possessing own international legal personality (autonomous organs acting on majority basis)

- composed of States (predominantly), other IO’s (entities)

History:

- first created in XIX century

- were created as a means conducting international relations and fostering cooperation

- evolved from ad hoc multilateral conferences (Congress of Vienna 1815) into institutions with organs on a permanent basis

- early IO dealt with technical, non-political matters (Commissions regu­lating rivers, Telegraphic and Postal Unions)

- League of Nations(forerunner of the UN) – first IO to deal with political relations, which aspired to universal membership

Role in international affairs:

- development of international law specifically

- Within diverse fields of operation (endeavour): political cooperation, protection of the environment, defense, humanitarian and development assistance, promotion of trade, etc.

IO perform functions:

- Provide forum for deliberating upon matters of common interests, develop rules on these matters

- Act as vehicles for taking action on international problems

- resolution of international disputes

- promoting, monitoring, supervising State compliance with agreed rules and policies

Types:

- intergovernmental (predomin­antly States): UN, WTO

- non-governmental (private entities, though operate in more than 1 country): Amnesty International, Greenpeace

- membership: universal(UN)/closed(geographic, economic criteria OPEC)

- functions: broad areas/particular fields

International Atomic Energy Agency (IAEA):

- world's center of cooperation in the nuclear field

- set up in 1957 within the UN family as the world's "Atoms for Peace" organization

- its mission - promote safe, secure and peaceful nuclear technologies

- guided by interests and needs of Member States, strategic plans and vision embodied in Statute(закон)

- areas of work: Safety and Security; Science and Technology; Safeguards and Verification(контроль)

- not under direct control of any UN body

- reports to GA and SC

- main bodies: Board of Governors, General Conference, Secretariat

Structure

The Board of Governors

- policy making body

- makes recommendations to the General Conference on IAEA activities and budget

- responsible for publishing IAEA standards

- appoints the Director General subject to General Conference approval

The General Conference (GC)

- lesser policy making body

- forum for debate on current issues and policies

The Secretariat

- professional and general service staff

- headed by the Director General

- Director General oversees 6 departments:

o Nuclear Energy

o Nuclear Safety and Security

o Nuclear Sciences and Applications

o Safeguards

o Technical Cooperation

o Management

Main functions:

- inspections of existing nuclear facilities to ensure peaceful use

- information and standards to ensure stability of nuclear facilities

- seeking peaceful applications of nuclear technology

Дата добавления: 2015-01-03