Legal personality of state-like entities. International legal personality of state-like organizations State-like entities as subjects of international law

State-like entities have territory, sovereignty, have their own citizenship, legislative assembly, government, and international treaties. These, in particular, are the free cities, the Vatican and the Order of Malta.

Free City is called a city state with internal self-government and some international legal personality. One of the first such cities was Veliky Novgorod. In the 19th-20th centuries. the status of free cities was determined by international legal acts or resolutions of the League of Nations and the UN General Assembly and other organizations.

The scope of international legal personality of free cities was determined by international agreements and constitutions of such cities. The latter were not states or trust territories, but occupied a kind of intermediate position. Free cities did not have complete self-government. At the same time, they were subject only to international law. Special citizenship was created for residents of free cities. Many cities had the right to conclude international treaties and join international organizations. The guarantors of the status of free cities were either a group of states or international organizations.

It is this category that historically included the Free City of Krakow (1815-1846), the Free State of Danzig (now Gdansk) (1920-1939), and in the post-war period the Free Territory of Trieste (1947-1954) and, to a certain extent, West Berlin, which enjoyed a special status established in 1971 by the Quadrilateral Agreement of the USSR, USA, Great Britain, France.

Vatican. In 1929, on the basis of the Lateran Treaty, signed by the papal representative Gaspari and the head of the Italian government, Mussolini, the “state” of the Vatican was artificially created. The preamble of the Lateran Treaty defines the international legal status of the state of “Vatican City” as follows: in order to ensure absolute and clear independence of the Holy See, guaranteeing indisputable sovereignty in the international arena, the need to create the “state” of Vatican City was identified, recognizing its full ownership in relation to the Holy See , exclusive and absolute power and sovereign jurisdiction.

The main goal of the Vatican is to create conditions for independent rule for the head catholic church. At the same time, the Vatican is an independent international personality. It maintains external relations with many states and establishes its permanent missions (embassies) in these states, headed by papal nuncios or internuncios. Vatican delegations participate in the work of international organizations and conferences. It is a member of a number of intergovernmental organizations and has permanent observers at the UN and other organizations.

According to the Basic Law (Constitution) of the Vatican, the right to represent the state belongs to the head of the Catholic Church - the pope. At the same time, it is necessary to distinguish agreements concluded by the pope as the head of the Catholic Church on church affairs (concordats) from secular agreements that he concludes on behalf of the Vatican State.

Order of Malta. The official name is the Sovereign Military Order of Hospitallers of St. John of Jerusalem, Rhodes and Malta.

After the loss of territorial sovereignty and statehood on the island of Malta in 1798, the Order, reorganized with the support of Russia, settled in Italy in 1834, where the rights of a sovereign entity and international legal personality were confirmed to it. Currently, the Order maintains official and diplomatic relations with 81 states, including Russia, is represented as an observer at the UN, and also has its own official representatives at UNESCO, ICRC and the Council of Europe.

The headquarters of the Order in Rome enjoys immunity, and the head of the Order, the Grand Master, has the immunities and privileges inherent in the head of state.

6. Recognition of states: concept, grounds, forms and types.

International legal recognition- is an act of the state that states the emergence of a new subject international law and with which this entity considers it appropriate to establish diplomatic and other relations based on international law.

Recognition usually involves a state or group of states approaching the government of the emerging state and declaring the scope and nature of its relationship with the newly emerging state. Such a statement is usually accompanied by an expression of the desire to establish diplomatic relations with the recognized state and exchange representations.

Recognition does not create a new subject of international law. It may be complete, final and official. This type of recognition is called de jure recognition. Inconclusive recognition is called de facto.

De facto (actual) recognition occurs in cases where the recognizing state does not have confidence in the strength of the recognized subject of international law, and also when it (the subject) considers itself a temporary entity. This type of recognition can be realized, for example, through the participation of recognized entities in international conferences, multilateral treaties, international organizations. De facto recognition, as a rule, does not entail the establishment of diplomatic relations. Trade, financial and other relations are established between states, but there is no exchange of diplomatic missions.

De jure (official) recognition is expressed in official acts, for example, in resolutions of intergovernmental organizations, final documents international conferences, in government statements, etc. This type of recognition is realized, as a rule, through the establishment of diplomatic relations and the conclusion of agreements on political, economic, cultural and other issues.

Ed-hok recognition is temporary or one-time recognition, recognition for a given case, a given purpose.

The grounds for the formation of a new state, which will subsequently be recognized, may be the following: a) social revolution, leading to the replacement of one social order others; b) the formation of states during the national liberation struggle, when the peoples of former colonial and dependent countries created independent states; c) the merger of two or more states or the separation of one state into two or more.

Recognition of a new state does not affect the rights acquired by it before recognition by virtue of the laws in force. In other words, the legal consequence of international recognition is the recognition of legal force for the laws and regulations of the recognized state.

Recognition comes from the authority competent under public law to declare recognition of the State concerned.

Types of recognition: recognition of governments, recognition as a belligerent and rebel party.

Recognition is usually addressed to the newly emerged state. But recognition can also be granted to the government of a state when it comes to power through unconstitutional means - as a result civil war, coup, etc. There are no established criteria for recognizing this kind of government. It is usually assumed that recognition of a government is justified if it effectively exercises power on the territory of the state, controls the situation in the country, pursues a policy of respecting human rights and fundamental freedoms, respects the rights of foreigners, and expresses readiness for a peaceful resolution of the conflict, if one occurs within the country. countries, and declares its readiness to comply with international obligations.

Recognition as a belligerent and rebel party is, as it were, a preliminary recognition aimed at establishing contacts with the recognized subject. This recognition presupposes that the recognizing state proceeds from the existence of a state of war and considers it necessary to observe the rules of neutrality in relation to the belligerents.

7. Succession of states: concept, sources and types.

International succession there is a transfer of rights and obligations from one subject of international law to another due to the emergence or termination of the existence of a state or a change in its territory.

The question of succession arises in the following cases: a) during territorial changes - the disintegration of a state into two or more states; merger of states or the entry of the territory of one state into another; b) during social revolutions; c) when determining the provisions of the metropolises and the formation of new independent states.

The successor state inherits essentially all the international rights and obligations of its predecessors. Of course, these rights and obligations are inherited by third states.

Currently, the main issues of state succession are regulated in two universal treaties: the Vienna Convention on the Succession of States in Respect of Treaties of 1978 and the Vienna Convention on the Succession of States in Respect of State Property, state archives and government debts 1983

Issues of succession of other subjects of international law are not regulated in detail. They are resolved on the basis of special agreements.

Types of succession:

Succession of states in relation to international treaties;

Succession in relation to state property;

Succession in relation to state archives;

Succession in relation to public debts.

Succession of states in relation to international treaties. According to Art. 17 of the 1978 Convention, a newly independent State may, by notification of succession, establish its status as a party to any multilateral treaty which, at the time of the succession of States, was in force in respect of the territory subject to the succession of States. This requirement does not apply if it appears from the treaty or is otherwise established that the application of that treaty in relation to a newly independent state would be incompatible with the object and purpose of the treaty or would fundamentally change the terms of its operation. If participation in a multilateral treaty of any other state requires the consent of all its participants, then the new independent state can establish its status as a party to this treaty only with such consent.

By giving notice of succession, the newly independent State may, if permitted by the treaty, express its consent to be bound by only part of the treaty or make a choice between its various provisions.

Notification of succession to a multilateral treaty shall be made in writing.

A bilateral treaty which is the subject of succession of States is considered to be in force between a newly independent State and another State party when: a) they have expressly agreed to it, or b) by virtue of their conduct they must be deemed to have expressed such an agreement.

Succession in relation to state property. The transfer of state property of the predecessor state entails the termination of the rights of this state and the emergence of the rights of the successor state to state property, which passes to the successor state. The date of transfer of state property of the predecessor state is the moment of succession of the state. As a rule, the transfer of state property occurs without compensation.

According to Art. 14 of the Vienna Convention of 1983, in the event of the transfer of part of the territory of a state to another state, the transfer of state property from the predecessor state to the successor state is governed by an agreement between them. In the absence of such an agreement, the transfer of part of the territory of a state can be resolved in two ways: a) immovable state property of the predecessor state located on the territory that is the object of succession of states passes to the successor state; b) movable state property of the predecessor state related to the activities of the predecessor state in relation to the territory that is the object of succession passes to the successor state.

When two or more states unite and thereby form one successor state, the state ownership of the predecessor states passes to the successor state.

If a state is divided and ceases to exist and parts of the territory of the predecessor state form two or more successor states, then the immovable state property of the predecessor state passes to the successor state on whose territory it is located. If the real estate of the predecessor state is located outside its territory, then it passes to the successor states in equitable shares. Movable state property of the predecessor state associated with the activities of the predecessor state in relation to the territories that are the object of succession of states passes to the corresponding successor state. Other movable property passes to the successor states in equitable shares.

Succession in relation to state archives. According to Art. 20 of the Vienna Convention of 1983, “the public archives of the predecessor state” are the totality of documents of any vintage and kind, produced or acquired by the predecessor state in the course of its activities, which at the time of the succession of the state belonged to the predecessor state according to its internal law and were kept by it directly or under his control as archives for various purposes.

The date of transfer of the state archives of the predecessor state is the moment of succession of states. The transfer of state archives occurs without compensation.

The predecessor state is obliged to take all measures to prevent damage to or destruction of state archives.

When the successor State is a newly independent State, the archives belonging to the territory subject to the succession of States pass to the new independent State.

If two or more states merge to form one successor state, the state archives of the predecessor states pass to the successor state.

If a state is divided into two or more successor states, and unless the respective successor states agree otherwise, then part of the state archives located on the territory of that successor state passes to that successor state.

Succession in relation to public debts. Public debt means any financial obligation of a predecessor state towards another state, international organization or any other subject of international law, arising in accordance with international law. The date of transfer of debts is the moment of legal succession of states.

When part of the territory of a state is transferred by that state to another state, the transfer of the public debt of the predecessor state to the successor state is governed by the agreement between them. In the absence of such an agreement, the public debt of the predecessor state passes to the successor state in an equitable share, taking into account, in particular, the property, rights and interests that pass to the successor state in connection with this public debt.

If the successor State is a newly independent State, no public debt of the predecessor State shall pass to the new independent State unless an agreement between them provides otherwise.

When two or more states unite and thereby form one successor state, the public debt of the predecessor states passes to the successor state.

If a state is divided and ceases to exist and parts of the territory of the predecessor state form two or more successor states, and unless the successor states agree otherwise, the public debt of the predecessor state passes to the successor states in equitable shares, taking into account, in particular , property, rights and interests that pass to the successor state in connection with the surrendered public debt.

Section 5 “Law of International Treaties”.

Main questions:

1) concept, sources, types and parties to international treaties;

2) stages of concluding international treaties;

3) entry into force of treaties;

5) validity of contracts;

6) invalidity of contracts;

7) termination and suspension of contracts.

State-like education is quite complex and exceptional phenomenon of an international legal nature, still poorly studied by the domestic science of international law. Educational literature contains very little information about this unique phenomenon, and specialized literature only touches upon certain moments separate state-like entities. There are no separate monographic or dissertation works devoted to the concept, international legal personality and other issues of the status of state-like entities in Russia.

International relations may involve special political-territorial entities (sometimes called state-like entities), which have internal self-government and, to varying degrees, international legal personality.

Most often, such formations are temporary in nature and arise as a consequence of unsettled territorial claims various countries to each other.

What is common to political-territorial entities of this kind is that in almost all cases they were created on the basis of international agreements, usually peace treaties. Such agreements endowed them with a certain international legal personality, provided for an independent constitutional structure, a system of organs government controlled, the right to issue regulations, to have limited armed forces.

These, in particular, are the free cities and the Vatican.

A free city is a city-state that has internal self-government and some international legal personality. One of the first such cities was Veliky Novgorod. The free cities also included the Hanseatic cities (the Hanseatic League included Lubeck, Hamburg, Bremen, Rostock, Danzig, Riga, Dorpat, Revel, Amsterdam, Koenigsberg, Kiel, Stralsund, etc. - 50 cities in total).

In the 19th and 20th centuries. the status of free cities was determined by international legal acts or resolutions of the League of Nations and the UN General Assembly and other organizations. For example, the status of Krakow was established in Art. 4 of the Russian-Austrian Treaty, in Art. 2 Russian-Prussian treaty, in the additional Austro-Russian-Prussian treaty of May 3, 1815; in Art. 6-10 Final Act Congress of Vienna on June 9, 1815; in the Constitution of the Free City of 1815/1833. Subsequently, by the treaty of November 6, 1846, concluded by Austria, Prussia and Russia, the status of Krakow was changed and it became part of Austria.

The status of the Free City of Danzig (currently Gdansk) was determined in Art. 100-108 of the Versailles Peace Treaty of June 28, 1919, in the Polish-Danzig Convention of November 9, 1920 and in a number of other agreements (for example, in the agreement of October 24, 1921 and in the decisions of the High Commissioner of the League of Nations, subsequently recognized Polish government).

The scope of the international legal personality of free cities was determined by international agreements and constitutions of such cities. The latter were not states or trust territories, but occupied a kind of intermediate position. Free cities did not have complete self-government. At the same time, they were subject only to international law. Special citizenship was created for residents of free cities. Many cities had the right to conclude international treaties and join intergovernmental organizations. The guarantors of the status of free cities were either a group of states or international organizations (League of Nations, UN, etc.). An integral feature of a free city is its demilitarization and neutralization.

West Berlin had a special international legal status. After the end of the Second World War, as a result of the split of Germany, two sovereign states were formed: the Federal Republic of Germany and the German Democratic Republic, as well as a special political-territorial unit - West Berlin.

The government of the USSR, in agreement with the government of the GDR in 1958, proposed to give West Berlin, located on the territory of the GDR, the status of a demilitarized free city capable of carrying out international functions subject to guarantees from four powers: Great Britain, the USSR, the USA and France.

The international legal status of West Berlin was determined by the Quadripartite Agreement signed by the governments of Great Britain, the USSR, the USA and France on September 3, 1971. In accordance with this document, West Berlin had a unique international legal status. The state-political structure of West Berlin was determined by the Constitution, which came into force on October 1, 1950. International legal personality West Berlin was of a limited nature. The city had its own diplomatic and consular corps, accredited to the relevant authorities of the governments of the USA, Great Britain and France. The USSR, with the consent of the governments of these countries, established the Consulate General. West Berlin had the right to participate in international negotiations, enter into agreements regarding communications, telegraph, regulate the travel of permanent residents to various areas of the GDR, etc. Germany represented the western sectors of Berlin in international organizations and conferences.

The special status of West Berlin was revoked in 1990. In accordance with the Treaty on the Final Settlement regarding Germany of September 12, 1990, a united Germany includes the territories of the GDR, the Federal Republic of Germany and all of Berlin.

Vatican. In 1929, on the basis of the Lateran Treaty, signed by the papal representative Gaspari and the head of the Italian government, Mussolini, the “state” of Vatican City was artificially created (the treaty was revised in 1984). The creation of the Vatican was dictated by the desire of Italian fascism in its internal and foreign policy enlist the active support of the Catholic Church. The preamble of the Lateran Treaty defines the international legal status of the state of “Vatican City” as follows: in order to ensure absolute and clear independence of the Holy See, guaranteeing indisputable sovereignty in the international arena, the need to create the “state” of Vatican City was identified, recognizing its full ownership in relation to the Holy See , exclusive and absolute power and sovereign jurisdiction.

The main goal of the Vatican is to create conditions for independent rule for the head of the Catholic Church. At the same time, the Vatican is an independent international personality. It maintains external relations with many states and establishes its permanent missions (embassies) in these states, headed by papal nuncios or internuncios (Article 14 of the Vienna Convention on Diplomatic Relations of 1961). Vatican delegations participate in the work of international organizations and conferences. It is a member of a number of intergovernmental organizations (IAEA, ITU, UPU, etc.), and has permanent observers at the UN, JSC, UNESCO and other organizations.

At the same time, the Vatican is not a state in social sense as a mechanism for managing a certain society, generated by it and representing it. Rather, it can be considered as the administrative center of the Catholic Church.

According to the Basic Law (Constitution) of the Vatican, the right to represent the state belongs to the head of the Catholic Church - the pope. At the same time, it is necessary to distinguish agreements concluded by the pope as the head of the church on church affairs (concordats) from secular agreements that he concludes on behalf of the Vatican State.

Under the state In international law, a country is understood with all the inherent characteristics of a sovereign state. However, not every country can be a state in the international legal sense and a subject of international law (for example, colonial countries and other geopolitical units).

From the history

The first attempt to codify the international legal characteristics of a state was given in the Inter-American Convention on the Rights and Duties of the State of 1933. According to Art. 1 of this Convention, a state as a person of international law must have the following conditions:

resident population;

certain territory;

government;

ability to enter into relations with other states.

The most important features of a state are sovereignty, territory, population and power.

Sovereignty is a distinctive political and legal property of the state. State sovereignty is the inherent supremacy of a state on its territory and its independence in the sphere of international relations. Only states have this property, which predetermines their main characteristics as the main subjects of international law. Sovereignty is the foundation of all fundamental rights of a state.

Any state has sovereignty from the moment of its establishment. Its international legal personality does not depend on the will of other subjects. It ceases only with the cessation of the given state. According to Art. 3 of the Inter-American Convention on the Rights and Duties of States of 1933, “the political existence of a state does not depend on its recognition by other states. Even an unrecognized state has the right to defend its integrity and its independence, to take care of its safety and prosperity and, as a consequence of this, to organize itself as it pleases, to legislate regarding its interests, to manage its departments and to determine the jurisdiction and competence of its courts. Unlike other subjects of international law, the state has universal legal personality.

According to UN Charter States have not only sovereignty, but also independence. All members of the UN shall refrain in their international relations from the threat or use of force against the political independence of any state.

Territory is an essential condition for the existence of the state. It is consolidated and guaranteed by generally recognized norms and principles of international law. According to the Final Act of the Conference on Security and Cooperation in Europe of 1975, states are obliged to respect the territorial integrity of each of the participating states. Accordingly, they refrain from any action inconsistent with the purposes and principles of the UN Charter, against the territorial integrity, political independence or unity of any state.

States parties to the Final Act consider all borders as inviolable each other, as well as the borders of all states in Europe, so they will refrain now and in the future from any encroachment on these borders. They shall also refrain from any action aimed at seizing or usurping part or all of the territory of any participating State.

Population is constant sign states. According to the UN Charter, the Declaration on the Granting of Independence to Colonial Countries and Peoples and the International Covenant on Economic, Social and Cultural Rights of 1966, peoples are subject to the right to self-determination. By virtue of this right they freely establish their political status and freely pursue their economic, social and cultural development. In accordance with the Declaration of Principles of International Law of 1970, the content of the principle of equal rights and self-determination of peoples includes, in particular, the creation of a sovereign and independent state, free accession to or association with an independent state, or the establishment of any other political status freely determined by the people.

Public power is one of the main features of the state. In international law, it is the bearer of organized sovereign power. Whatever the relationship, the government of the state and its other bodies act, they always act on behalf of the state. The state in the international legal sense is understood as the unity of power and sovereignty.

States act in international relations as sovereign entities over which there is no authority whatsoever capable of prescribing legally binding rules of conduct for them. The norms of international law regulating relations between states in the sphere of international communication are created by the states themselves through their agreement (harmonization of wills) and are aimed at strict compliance with state sovereignty in international relations. Respect for the sovereignty of any state and recognition of the sovereign equality of all states are among the fundamental principles of modern international law. According to the Declaration of Principles of International Law, all states enjoy sovereign equality. They have the same rights and responsibilities and are equal members international community regardless of differences of economic, social, political or other nature.

The concept of sovereign equality includes the following elements:

states are legally equal;

each state enjoys the rights inherent in full sovereignty;

each state is obliged to respect the legal personality of other states;

the territorial integrity and political independence of the state are inviolable;

every state has the right to freely choose and develop its political, social, economic and cultural systems;

Each state is obliged to comply fully and conscientiously with its international obligations and live in peace with other states.

Any state is obliged to maintain relations with other states in accordance with the rules of international law and in accordance with the principle that the sovereignty of each state is subordinate to the (supremacy of) international law.

Features of the legal personality of federal states

A unitary state participates in international relations as a single subject of international law, and the question of its international legal personality components in this case it does not occur.

Federations are complex states. Members of the federation (republics, regions, states, lands, etc.) retain a certain internal independence, but, as a rule, do not have the constitutional right to independently participate in external relations, and therefore are not subjects of international law. In this case, only the federation as a whole acts in the international arena as a single subject of international law. As noted in Art. 2 of the Inter-American Convention on the Rights and Duties of States of 1933, “a federal state constitutes only one person before international law.” For example, according to Art. 10 of the US Constitution, no state may enter into treaties, alliances or confederations. No state shall, without the consent of Congress, enter into any treaty or convention with another state or with a foreign power.

The Russian Federation is a democratic federal state, which consists of republics, territories, regions, cities federal significance, autonomous region, autonomous okrugs - equal subjects of the Russian Federation. The republic within the Russian Federation has its own constitution and legislation. Territory, region, federal city, autonomous region, autonomous region have their own charter and legislation. According to paragraph "k" Art. 71 The 1993 Constitution governs the Russian Federation:

foreign policy and international relations of the Russian Federation, international treaties of the Russian Federation; issues of war and peace;

foreign economic relations of the Russian Federation;

defense and security;

determination of the status and protection of the state border, territorial sea, airspace, exceptional economic zone and the continental shelf of the Russian Federation.

Outside the jurisdiction of the Russian Federation and joint powers, the subjects of the Russian Federation have full state power.

According to the Federal Law " On coordination of international and foreign economic relations of constituent entities of the Russian Federation» 1998, subjects of the Russian Federation, within the powers granted to them by the Constitution, federal legislation and agreements between government bodies of the Russian Federation and government bodies of subjects of the Russian Federation on the delimitation of jurisdiction and powers, have the right to carry out international and foreign economic relations with subjects of foreign states, and also to participate in the activities of international organizations. Subjects of the Russian Federation, with the consent of the Government of the Russian Federation, can carry out such communications with government bodies of foreign states.

Republics have no right:

enter into relations with foreign states;

conclude intergovernmental agreements with them;

exchange diplomatic and consular missions;

be members of intergovernmental organizations.

Republics may conclude international treaties on issues within their competence. However, in any case, these agreements must be of a secondary, derivative nature. They may contain rules ensuring the implementation of relevant treaties of the Russian Federation. In order to ensure the implementation of such treaties, republics may have their representative offices in foreign states that are not diplomatic institutions.

Only the presence of all three of the above elements (possession of rights and obligations arising from international legal norms; existence in the form of a collective entity; direct participation in the creation of international legal norms) gives, in my opinion, grounds to consider this or that entity a full-fledged subject of international law . The absence of at least one of the listed qualities in a subject does not allow us to speak of possessing international legal personality in the exact meaning of the word.

Fundamental rights and obligations characterize the general international legal status of all subjects of international law. Rights and obligations inherent in subjects certain type(states, international organizations, etc.) form special international legal statuses for this category of subjects. The totality of the rights and obligations of a particular subject forms the individual international legal status of this subject.

Thus, the legal status of various subjects of international law is not the same, since the scope of the provisions that apply to them is different. international standards and, accordingly, the range of international legal relations in which they participate.

International legal personality of states

It is necessary to take into account that not all, but only a limited number of nations can (and do) have international legal personality in the proper sense of the word - nations that are not formalized into states, but are striving for their creation in accordance with international law.

Thus, almost any nation can potentially become a subject of legal relations of self-determination. However, the right of peoples to self-determination was recorded in order to combat colonialism and its consequences, and as an anti-colonial norm, it fulfilled its task.

Currently, another aspect of the right of nations to self-determination is acquiring particular importance. Today we are talking about the development of a nation that has already freely determined its political status. In current conditions, the principle of the right of nations to self-determination must be harmonized and consistent with other principles of international law and, in particular, with the principle of respect for state sovereignty and non-interference in the internal affairs of other states. In other words, we need to talk no longer about the right of all (!) nations to international legal personality, but about the right of a nation that has received its statehood to develop without outside interference.

Thus, the sovereignty of a struggling nation is characterized by the fact that it does not depend on its recognition as a subject of international law by other states; the rights of a struggling nation are protected by international law; a nation, on its own behalf, has the right to take coercive measures against violators of its sovereignty.

International legal personality of international organizations

International organizations form a separate group of subjects of international law. It's about about international intergovernmental organizations, i.e. organizations created by the primary subjects of international law.

Non-governmental international organizations, such as the World Federation of Trade Unions, Amnesty International, etc., are established, as a rule, by legal entities and individuals (groups of persons) and are public associations “with a foreign element.” The charters of these organizations, unlike the charters of interstate organizations, are not international treaties. True, non-governmental organizations can have consultative international legal status in intergovernmental organizations, for example, in the UN and its specialized agencies. Thus, the Inter-Parliamentary Union has first category status in the UN Economic and Social Council. However, non-governmental organizations do not have the right to create rules of international law and, therefore, cannot, unlike intergovernmental organizations, have all the elements of international legal personality.

International intergovernmental organizations do not have sovereignty, do not have their own population, their own territory, or other attributes of a state. They are created by sovereign entities on a contractual basis in accordance with international law and are endowed with certain competences recorded in the constituent documents (primarily in the charter). The Vienna Convention on the Law of Treaties of 1969 applies to the constituent documents of international organizations.

The organization’s charter defines the goals of its formation and provides for the creation of a certain organizational structure(acting bodies), their competence is established. The presence of permanent organs of the organization ensures the autonomy of its will; international organizations participate in international communication on their own behalf, and not on behalf of member states. In other words, the organization has its own (albeit non-sovereign) will, different from the will of the participating states. At the same time, the legal personality of the organization is functional in nature, i.e. it is limited by statutory goals and objectives. In addition, all international organizations are obliged to comply with the basic principles of international law, and the activities of regional international organizations must be compatible with the purposes and principles of the UN.

The basic rights of international organizations are as follows:

• the right to participate in the creation of international legal norms;
• the right of the organization’s bodies to exercise certain powers, including the right to make binding decisions;
• the right to enjoy the privileges and immunities granted to both the organization and its employees;
• the right to consider disputes between participants, and in some cases, with states not participating in the organization.

International legal personality of state-like entities

Some political-territorial entities also enjoy international legal status. Among them were the so-called. "free cities", West Berlin. This category of entities includes the Vatican and the Order of Malta. Since these entities most resemble mini-states and have almost all the characteristics of a state, they are called “state-like formations.”

The legal capacity of free cities was determined by relevant international treaties. Thus, according to the provisions of the Vienna Treaty of 1815, Krakow (1815-1846) was declared a free city. According to the Versailles Peace Treaty of 1919, Danzig enjoyed the status of a “free state” (1920-1939), and in accordance with the peace treaty with Italy of 1947, the creation of the Free Territory of Trieste was envisaged, which, however, was never created.

West Berlin (1971–1990) enjoyed a special status granted by the 1971 Quadripartite Agreement on West Berlin. In accordance with this agreement, the western sectors of Berlin were united into a special political entity with their own authorities (Senate, prosecutor's office, court, etc.), to which some powers were transferred, for example, the publication of regulations. A number of powers were exercised by the allied authorities of the victorious powers. The interests of the population of West Berlin in international relations were represented and protected by consular officials Germany.

The Vatican is a city state located within the capital of Italy - Rome. Here is the residence of the head of the Catholic Church - the Pope. Legal status Vatican City is defined by the Lateran Agreements, signed between the Italian State and the Holy See on February 11, 1929, which are essentially still in force today. In accordance with this document, the Vatican enjoys certain sovereign rights: it has its own territory, legislation, citizenship, etc. The Vatican actively participates in international relations, establishes permanent missions in other states (the Vatican also has a representative office in Russia), headed by papal nuncios (ambassadors), participates in international organizations, conferences, signs international treaties, etc.

The Order of Malta is a religious formation with administrative center in Rome. The Order of Malta actively participates in international relations, concludes treaties, exchanges representations with states, and has observer missions to the UN, UNESCO and a number of other international organizations.

International legal status of the subjects of the federation

In international practice, as well as foreign international legal doctrine, it is recognized that the subjects of some federations are independent states, the sovereignty of which is limited by joining the federation. The subjects of the federation are recognized as having the right to act in international relations within the framework established by federal legislation.

The international activities of the subjects of foreign federations are developing in the following main directions: concluding international agreements; opening representative offices in other countries; participation in the activities of some international organizations.

The question arises: Are there any rules in international law on the international legal personality of the subjects of the federation?

As is known, the most important element international legal personality is contractual legal capacity. It represents the right to directly participate in the creation of international legal norms and is inherent in any subject of international law from the moment of its emergence.

Issues of conclusion, execution and termination of contracts by states are regulated primarily Vienna Convention on the law of international treaties of 1969. Neither the 1969 Convention nor other international documents provide for the possibility of independent conclusion of international treaties by subjects of the federation.

Generally speaking, international law does not contain a ban on the establishment of contractual relations between states and subjects of federations and subjects among themselves. However, international law does not classify these agreements as international treaties, just as contracts between a state and a large foreign enterprise are not such. In order to be a subject of the law of international treaties, it is not enough to be a party to one or another international agreement. It is also necessary to have the legal capacity to conclude international treaties.

The question arises about the international legal status of the constituent entities of the Russian Federation.

International legal status of the subjects of the Russian Federation

However, the processes of sovereignization that engulfed the newly independent states raised the question of the legal personality of the former national-state (autonomous republics) and administrative-territorial (regions, territories) entities. This problem acquired particular significance with the adoption new Constitution RF 1993 and the conclusion of the Federal Treaty. Today, some constituent entities of the Russian Federation declared their international legal personality.

Subjects of the Russian Federation are trying to act independently in international relations, enter into agreements with subjects of foreign federations and administrative-territorial units, exchange representations with them and enshrine the corresponding provisions in their legislation. Charter Voronezh region 1995, for example, recognizes that organizational and legal forms international relations areas are forms generally accepted in international practice, with the exception of treaties (agreements) at the interstate level. Taking part in international and foreign economic relations independently or with other constituent entities of the Russian Federation, the Voronezh region opens representative offices on the territory of foreign states to represent the interests of the region, which operate in accordance with the legislation of the host country.

The regulations of some constituent entities of the Russian Federation provide for the possibility of them concluding international treaties on their own behalf. Yes, Art. 8 of the Charter of the Voronezh Region of 1995 establishes that international treaties of the Voronezh Region are part of the legal system of the region. Norms of similar content are fixed in Art. 6 of the Charter of the Sverdlovsk Region 1994, art. 45 of the Charter (Basic Law) of the Stavropol Territory 1994, art. 20 of the Charter Irkutsk region 1995 and other charters of the constituent entities of the Russian Federation, as well as in the constitutions of the republics (Article 61 of the Constitution of the Republic of Tatarstan).

Moreover, some constituent entities of the Russian Federation have adopted regulations regulating the procedure for concluding, executing and terminating contracts, for example, the Tyumen Region Law “On international agreements Tyumen region and agreements of the Tyumen region with constituent entities Russian Federation» 1995 Law of the Voronezh Region “On Legal regulations Voronezh Region" of 1995 establishes (Article 17) that regional government bodies have the right to conclude agreements, which are normative legal acts, with government bodies of the Russian Federation, with constituent entities of the Russian Federation, with foreign states on issues of their common, mutual interest .

However, statements by subjects of the Russian Federation about their international contractual legal capacity do not mean, in my deep conviction, the presence of this legal quality in reality. An analysis of the relevant legislation is required.

Federal legislation does not yet address this issue.

According to the Constitution of the Russian Federation (clause “o”, part 1, article 72), coordination of international and foreign economic relations of the constituent entities of the Russian Federation is the joint responsibility of the Russian Federation and the constituent entities of the Federation. However, the Constitution does not directly speak about the possibility of constituent entities of the Russian Federation to conclude agreements that would be international treaties. The Federative Treaty does not contain such norms.

The Federal Law “On International Treaties of the Russian Federation” of 1995 also places the conclusion of international treaties of the Russian Federation under the jurisdiction of the Russian Federation. It has been established that international treaties of the Russian Federation affecting issues within the jurisdiction of the constituent entities of the Federation are concluded in agreement with the relevant bodies of the constituent entities. At the same time, the main provisions of agreements affecting issues of joint jurisdiction must be sent for proposals to the relevant bodies of the subject of the federation, which, however, do not have the right to veto the conclusion of an agreement. The 1995 law says nothing about agreements between the subjects of the Federation.

It should also be taken into account that neither the Constitution of the Russian Federation nor the Federal Constitutional Law “On the Constitutional Court of the Russian Federation” dated July 21, 1994 establishes rules on verifying the constitutionality of international treaties of the constituent entities of the Federation, although such a procedure is provided for in relation to international treaties of the Russian Federation.

In Art. 27 of the Federal Constitutional Law “On the Judicial System of the Russian Federation” of December 31, 1996, which establishes the competence of the constitutional (statutory) courts of the constituent entities of the Russian Federation, among the legal acts that may be the subject of consideration in these courts, international treaties of the constituent entities of the Russian Federation are also not named.

Perhaps the only norm of federal legislation indicating that the constituent entities of the Russian Federation have elements of contractual legal capacity is contained in Art. 8 of the Federal Law “On State Regulation of Foreign Trade Activities” of 1995, according to which constituent entities of the Russian Federation have the right, within their competence, to enter into agreements in the field of foreign trade relations with foreign entities federal states, administrative-territorial entities of foreign states.

However, provisions on the recognition of certain elements of international legal personality for the subjects of the Russian Federation are enshrined in many agreements on the delimitation of powers.

Thus, the Treaty of the Russian Federation and the Republic of Tatarstan dated February 15, 1994 “On the delimitation of jurisdiction and mutual delegation of powers between state authorities of the Russian Federation and state authorities of the Republic of Tatarstan” provides that state authorities of the Republic of Tatarstan participate in international relations, establish relations with foreign states and conclude agreements with them that do not contradict the Constitution and international obligations of the Russian Federation, the Constitution of the Republic of Tatarstan and this Treaty, participate in the activities of relevant international organizations (clause 11 of Article II).

In accordance with Art. 13 of the Agreement on the delimitation of jurisdiction and powers between state authorities of the Russian Federation and state authorities of the Sverdlovsk region dated January 12, 1996. The Sverdlovsk region has the right to act as an independent participant in international and foreign economic relations, if this does not contradict the Constitution of the Russian Federation, federal laws and international treaties of the Russian Federation, conclude relevant treaties (agreements) with subjects of foreign federal states, administrative-territorial entities of foreign states, as well as ministries and departments of foreign states.

As for the practice of exchanging representations with subjects of foreign federations, this quality is not the main one in the characteristics of international legal personality, however, we note that neither the Constitution nor the legislation of the Russian Federation has yet regulated this issue. These representative offices are not opened on the basis of reciprocity and are accredited with any government authority of a subject of a foreign federation or territorial unit. These bodies, being foreign legal entities, do not have the status of diplomatic or consular missions and are not subject to the provisions of the relevant conventions on diplomatic and consular relations.

The same can be said about the membership of constituent entities of the Russian Federation in international organizations. It is known that the statutes of some international organizations (UNESCO, WHO, etc.) allow membership in them of entities that are not independent states. However, firstly, membership in these organizations of subjects of the Russian Federation has not yet been formalized, and, secondly, this feature, as already mentioned, is far from the most important in the characteristics of subjects of international law.

Taking into account the above, we can draw the following conclusion: although at present the subjects of the Russian Federation do not fully possess all the elements of international legal personality, the tendency for the development of their legal personality and their registration as subjects of international law is obvious. In my opinion, this issue requires resolution in federal legislation.

International legal status of individuals

The problem of international legal personality of individuals has a long tradition in legal literature. Western scientists have been recognizing the quality of international legal personality for an individual for quite some time, arguing their position with references to the possibility of bringing individuals to international responsibility, turning an individual into international bodies for the protection of their rights. Besides, individuals in the countries of the European Union have the right to bring claims to the European Court. Following the ratification of the 1950 European Convention for the Protection of Human Rights and Fundamental Freedoms in 1998, individuals in Russia can also apply to the European Commission of Human Rights and the European Court of Human Rights.

Soviet lawyers for ideological reasons for a long time denied the individual's international legal personality. However, at the end of the 80s. and in the domestic international legal literature, works began to appear in which individuals began to be considered as subjects of international law. Currently, the number of scientists who share this point of view is constantly increasing.

In my opinion, the answer to the question whether an individual is a subject of international law depends on what characteristics this subject, in our opinion, should have.

If we assume that a subject of international law is a person who is subject to international legal norms and who is endowed with subjective rights and obligations by these norms, then the individual is certainly a subject of international law. There are many international legal norms that can directly guide individuals (Covenant on Civil and Political Rights 1966, Convention on the Rights of the Child 1989, Geneva Conventions for the Protection of Victims of War 1949, Additional Protocols I and II thereto 1977 g., New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958, etc.).

However, the concepts and categories of international law, as already noted, are not always identical to the concepts of domestic law. And if we believe that a subject of international law not only has rights and obligations arising from international legal norms, but is also a collective entity, and, most importantly, takes a direct part in the creation of norms of international law, then the individual is classified as a subject of international law it is forbidden.

(quasi-states) are derivative subjects of international law, since, like international organizations, they are created by primary subjects - sovereign states.
By creating, states endow them with an appropriate amount of rights and obligations. This is what fundamental difference quasi-states from the main subjects of international law. Otherwise, state-like education has all the characteristics inherent in a sovereign state: its own territory, state sovereignty, higher authorities state power, the presence of their own citizenship, as well as the ability to act as a full participant in international legal relations.
State-like entities are, as a rule, neutralized and demilitarized.
The theory of international law distinguishes the following types state-like entities:
1) political-territorial (Danzig - 1919, West Berlin - 1971).
2) religious-territorial (Vatican - 1929, Order of Malta - 1889). Currently, the subject of international law is only one religious-territorial state-like entity - the Vatican.
The Order of Malta was recognized as a sovereign military entity in 1889. Its seat is Rome (Italy). The main purpose of the Order is charity. Currently, the Order has established diplomatic relations with sovereign states (104), meaning its international recognition. In addition, the Order has observer status at the UN, its own currency and citizenship. However, this is not enough. The Order has neither its own territory nor its own population. From which it follows that he is not a subject of international law, and his sovereignty and ability to participate in international relations can be called a legal fiction.
The Vatican, unlike the Order of Malta, has almost all the features of a state: its own territory, population, supreme bodies of power and administration. The peculiarity of its status is that the purpose of its existence is to represent the interests of the Catholic Church in the international arena, and almost the entire population is subjects of the Holy See.
The international legal personality of the Vatican was officially confirmed by the Lateran Treaty of 1929. However, long before its conclusion, the institution of the papacy received international recognition. Currently, the Holy See has established diplomatic relations with 178 sovereign states and other subjects of international law – European Union and the Order of Malta. It should be noted that the entire scope of international legal personality granted to the Vatican is exercised by the Holy See: it participates in international organizations, concludes international treaties, and establishes diplomatic relations. The Vatican itself is only the territory of the Holy See.