Sources of international security law. Collective security system

The fundamental principles of international security are the principle of equal security and the principle of non-damage to the security of states.

These principles are reflected in the PLO Charter, Resolution General Assembly OOP 2734 (XXV), Declaration on Strengthening International Security of 16 December 1970, Declaration on Strengthening the Effectiveness of the Principle of Non-Threat or Use of Force in International Relations (18 November 1987), UN General Assembly Resolution 50/6, Declaration on the occasion of the fiftieth anniversary of the United Nations, 24 October 1995, Declaration of Principles international law, relating to friendly relations and cooperation between states in accordance with the UN Charter of October 24, 1970, and other international legal documents.

Thus, in accordance with the UN Charter, all members of the UN resolve their international disputes by peaceful means in such a way as not to jeopardize international peace and security and justice, and refrain in their international relations from the threat or use of force as against territorial integrity or political independence of any state, or in any other manner inconsistent with the purposes of the United Nations.

The principles of international security are also reflected in the Declaration on Strengthening the Effectiveness of the Principle of Non-Threat or Use of Force in International Relations (November 18, 1987). In accordance with the Declaration, each state is obliged to refrain in its international relations from the threat or use of force against the territorial integrity or political independence of any state, as well as from any other actions inconsistent with the purposes of the United Nations. Such a threat or use of force is a violation of international law and the UN Charter and entails international responsibility. The principle of non-threat or use of force in international relations is universal in nature and binding, regardless of the political, economic, social or cultural system or allied relations of each state. No consideration may be used to justify the threat or use of force in violation of the Charter.

States have an obligation not to induce, encourage or assist other States in the use or threat of force in violation of the Charter.

By virtue of the principle of equality and self-determination embodied in the Charter, all peoples have the right freely to determine, without external interference, their political status and to pursue their economic, social and cultural development, and every State is obliged to respect this right in accordance with the provisions of the Charter. States must comply with their obligations under international law to refrain from organizing, instigating, aiding or participating in paramilitary, terrorist or subversive activities, including mercenary activities, in other States and from condoning organized activities aimed at committing such acts, to the extent its territory.

States are obliged to refrain from armed intervention and all other forms of interference or attempted threats directed against the legal personality of the State or against its political, economic and cultural foundations.

No state should use or encourage the use of economic, political or any other measures with the aim of achieving the subordination of another state in the exercise of its sovereign rights and obtaining any advantages from this. In accordance with the purposes and principles of the UN, states are obliged to refrain from promoting wars of aggression.

Neither the acquisition of territory as a result of the threat or use of force, nor any occupation of territory as a result of the threat or use of force in violation of international law will be recognized as a lawful acquisition or occupation.

All member states of the world community are called upon to make efforts to build their international relations on the basis of mutual understanding, trust, respect and cooperation. The parameters of the above set the goal of developing bilateral and regional cooperation as one of the important means of enhancing the effectiveness of the principle of non-threat or use of force in international relations.

Within the established criteria of proper conduct, States are guided by their commitment to the principle of peaceful resolution of disputes, which is inextricably linked with the principle of non-threat or use of force in international relations. States parties to international disputes must resolve their disputes exclusively by peaceful means in a manner that does not jeopardize international peace, security and justice. To this end, they shall use such means as negotiation, investigation, mediation, conciliation, arbitration, litigation, recourse to regional bodies or agreements or other peaceful means of their choice, including good offices.

In furtherance of their obligations under the UN Charter, states take effective measures to prevent the threat of any armed conflicts, including conflicts in which nuclear weapons may be used, to prevent an arms race in outer space and to stop and reverse the arms race on Earth, to reduce the level of military confrontation and strengthen global stability.

In furtherance of their stated commitment to strengthening the rule of law and order, states cooperate at the bilateral, regional and international levels to:

  • - prevention international terrorism and the fight against it;
  • - active assistance in eliminating the causes underlying international terrorism.

By way of provision high level trust and mutual understanding, states seek to take specific measures and create favorable conditions in the field of international economic relations in order to achieve international peace, security and justice. At the same time, the interest of all countries in reducing the gap in levels of economic development, and in particular the interests of developing countries around the world.

The principles of international security were also enshrined in the Declaration of Principles of International Law concerning Friendly Relations and Cooperation between States in accordance with the UN Charter. Thus, in accordance with the Declaration, each state in its international relations is obliged to refrain from the threat or use of force either against the territorial integrity or political independence of any state, or in any other way incompatible with the purposes of the UN. Such threat or use of force is a violation of international law and the UN Charter and should never be used as a means of resolving international issues.

War of aggression is a crime against peace, which entails liability under international law.

In accordance with the purposes and principles of the UN, states are obliged to refrain from promoting wars of aggression. Each State has the obligation to refrain from the threat or use of force to violate the existing international boundaries of another State or as a means of resolving international disputes, including territorial disputes and issues relating to state boundaries. Equally, each State has the obligation to refrain from the threat or use of force to violate international lines of demarcation, such as armistice lines, established by or consistent with an international agreement to which that State is a party or to which that State is otherwise bound to comply. Nothing in the foregoing should be construed as prejudicing the positions of the parties concerned as to the status and consequences of the establishment of such lines under their special regimes or as impairing their temporary nature.

States have an obligation to refrain from acts of reprisal involving the use of force. Each state is obliged to refrain from any violent actions that deprive the peoples referred to in the concretization of the principles of equality and self-determination of their right to self-determination, freedom and independence. Each State is obliged to refrain from organizing or encouraging the organization of irregular forces or armed bands, including mercenaries, to invade the territory of another State.

Each State is obliged to refrain from organizing, inciting, assisting or participating in acts civil war or terrorist acts in another state or from condoning organizational activities within one’s own territory aimed at committing such acts, when the acts involve the threat or use of force.

The territory of a State must not be subject to military occupation resulting from the use of force in violation of the provisions of the Charter. The territory of a State must not be subject to acquisition by another State as a result of the threat or use of force. No territorial acquisition resulting from the threat or use of force shall be recognized as legal. Nothing in the foregoing should be construed as violating:

  • a) the provisions of the Charter or any international agreement concluded before the adoption of the Charter and having legal force in accordance with international law; or
  • b) the powers of the Security Council in accordance with the Charter.

All states must negotiate in good faith with a view to the speedy conclusion of a universal treaty on general and complete disarmament under effective international control and strive to take appropriate measures to ease international tensions and strengthen confidence between states.

All states must, on the basis of generally recognized principles and norms of international law, conscientiously fulfill their obligations regarding the maintenance of international peace and security and strive to improve the effectiveness based on the Charter of the United Nations security system.

Nothing in the terms of the foregoing should be construed as extending or limiting in any way the scope of the provisions of the Charter relating to cases where the use of force is lawful.

States shall resolve their international disputes by peaceful means in a manner that does not jeopardize international peace and security and justice. Each State shall resolve its international disputes with other States by peaceful means in such a manner as not to jeopardize international peace and security and justice.

States should therefore strive for the speedy and fair resolution of their international disputes through negotiation, inquiry, mediation, conciliation, arbitration, litigation, recourse to regional bodies or agreements, or other peaceful means of their choice. In seeking such a settlement, the parties must agree upon such peaceful means as are appropriate to the circumstances and nature of the dispute.

The parties to a dispute are obliged, if they do not reach a resolution of the dispute by one of the above-mentioned peaceful means, to continue to seek a settlement of the dispute by other peaceful means agreed upon by them.

States parties to an international dispute, as well as other states, must refrain from any action that may worsen the situation so as to jeopardize the maintenance of international peace and security, and must act in accordance with the purposes and principles of the PLO.

International disputes are resolved on the basis sovereign equality states and in accordance with the principle of free choice of means of peaceful resolution of disputes. The application of a dispute settlement procedure or the acceptance of such a procedure which has been freely agreed upon between States in respect of existing or future disputes to which they are parties shall not be considered inconsistent with the principle of sovereign equality.

States have an obligation not to interfere in matters within the domestic competence of any state. No state or group of states has the right to interfere directly or indirectly for any reason in the internal and external affairs of another state. As a consequence, armed intervention and all other forms of intervention or any threats directed against the legal personality of a State or against its political, economic and cultural foundations are a violation of international law.

No state may use or encourage the use of economic, political or other measures with a view to obtaining the subordination of another state in the exercise of its sovereign rights and obtaining from it any advantages. No state shall also organize, assist, incite, finance, encourage or tolerate armed, subversive or terrorist activities aimed at changing the system of another state through violence, or interfere in internal struggles in another state.

The use of force to deprive peoples of their national existence is a violation of their inalienable rights and the principle of non-interference.

Every State has the inalienable right to choose its own political, economic, social and cultural system without any form of interference from any other State.

The principle of sovereign equality of states, including in the field of security, is also important. All states enjoy sovereign equality. They have the same rights and obligations and are equal members of the international community, regardless of differences of economic, social, political or other nature.

In particular, 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.

Security enters the industry modern relations between countries. They refer to the norms and principles that govern relationships between states. The goals are simple, understandable and very important for humanity - preventing local military and military conflicts and the recurrence of a global world war.

Circle of regulatory relations

International security rights distinguish the following types of relationships:

  • Interactions to prevent military and military conflicts. This also includes international mediation to “cool down” the opposing forces.
  • Interactions related to creation international systems collective security.
  • Relationships by Constraint various types weapons.

Basic principles

System international relations as a separate legal system has its own rules:

  • The principle of equality. It means that the state, as a subject of international law, has the same rights as other countries. The famous speech of Russian President V.V. Putin at international conference the security meeting in Munich in 2006 is indicative in this regard. It was then that the head of the Russian state publicly declared that this principle was often violated by the United States of America. This country unilaterally does not take into account other independent states. It can break all existing agreements and, using force, begin military operations with militarily weaker states. Before this, everyone recognized the violation of the principle of equality, but no one openly declared it. The state itself, as a subject of international law, does not have equal rights with more economically and militarily developed countries. We need tools to implement this principle. Only efficient system international relations will protect such countries and prevent a tense situation.
  • The principle of inadmissibility of causing damage to another state. It comes down to the fact that national and international security is endangered by purposeful destructive actions of a subject of international law. No state may apply military force in relation to another without the consent and approval of the world community.

international security

We will list only the main ones, since there are many of them in the world. Any bilateral agreement between states in this area falls under the concept of “source of international security law.” But the main ones include the following documents:

  • UN Charter. It was precisely created after the Second World War with the goal of preventing conflicts and resolving all contradictions through diplomatic (peaceful) means. This also includes the Resolutions of the UN General Assembly. For example, “On the non-use of force in international relations and the prohibition of the use nuclear weapons" and others.
  • International treaties, which are conventionally divided into several groups: those that restrain the nuclear arms race and prohibit their testing in any space; limiting the buildup of any type of weapons; prohibiting the creation and proliferation of certain types of weapons; preventing random wars.
  • regional organizations and military-political blocs (OKB, NATO, OSCE, CIS).

Ineffective provision of international security

The results of the failure of collective agreements are military action. Legally they have a definition.

War is the interaction of independent states in which forceful (destructive) actions occur between them. At the same time, all diplomatic ties and early agreements are cancelled.

Legal status of the war

It can only happen between independent, that is, generally recognized countries. They must have the status of sovereignty: determine the directions of internal and foreign policy. It follows that military actions against unrecognized, terrorist, as well as other organizations and groups that do not have the status of a separate subject of international law are not considered war.

Types of conflicts from the point of view of international law

Legally divided into two categories:

  • Authorized. That is, legal. Such status in the modern world is given only by the UN Security Council, consisting of representatives of several states. Russia, as the legal successor of the USSR, is a permanent member and can impose a “veto right” on any decision.
  • Unlawful. Not approved by the UN Security Council, and therefore illegal from the point of view of global norms from which the collective security system is formed

As a rule, a state that launched an unauthorized war is recognized as an aggressor. Such a country is automatically considered a threat to the entire world community. All diplomatic, economic and other ties with her are terminated. The aggressor state becomes an outcast in world politics. Other subjects of international law cease cooperation with him, so as not to fall under all kinds of sanctions. There have been many similar cases in history. For example, Iraq, having committed aggression against Kuwait. Or Iran, which, by decision of the UN Security Council, refused to allow international nuclear energy specialists onto its territory. Also, North Korea, which since 1950 is still legally at war with South Korea etc. But there were cases when military actions were unauthorized by the UN Security Council, and the aggressor countries had absolutely no negative consequences. On the contrary, they even benefited economically from such actions. These examples relate to the US, which attacked Iraq in violation of UN resolutions. Israel launched a military strike on Libya. This just means that the collective security system is imperfect. There is a policy of double standards in the world, when different subjects of international law had completely opposite consequences for committing the same action. This is precisely what indicates a violation of the principle of equality in the system of collective security, which leads to the escalation of conflicts and conversations from a position of strength.

"Civilizational" warfare

War by its nature is terrible and unacceptable. She is beautiful for someone who has never seen her. But, despite all the cruelty of waging war, humanity agreed to conduct it using “civilizational” methods, if, of course, sanctioned mass murder can be called that. These methods were first adopted at the Hague Convention in 1907. Even then, experts predicted massacres of world wars that would violate all principles of international law.

New rules of war

Under the Hague Convention, there were major legal changes to the method of warfare:

  • Mandatory open, diplomatic declaration of war and peace between countries.
  • Conducting combat operations only with “authorized” types of weapons. With the development of technology, more and more new products are being banned. Today these are nuclear, hydrogen, bacteriological, chemical weapons, cluster bombs, explosive and off-center bullets and other types of weapons that cause extreme suffering and mass destruction of civilians.
  • Introduction of prisoner of war status.
  • Protection of parliamentarians, doctors, translators, lawyers and other specialists who should not be subject to the threat of destruction.

The role of the MP in creating a comprehensive system of peace and security can ultimately be reduced to solving a two-pronged task:

· ensuring the effective functioning of the peacekeeping mechanism that the world community already has, maximizing the use of the potential inherent in the existing norms, strengthening the existing international law and order;

· development of new international legal obligations, new norms.

The fulfillment of the first task is associated with the law enforcement process, the second - with the international process. rulemaking.

International Security Law(MB) - a set of legal methods that correspond to the basic principles of international law, aimed at ensuring peace, and collective measures applied by states against acts of aggression and situations that threaten the peace and security of peoples.

Legal basis:

principle of non-use of force

principle of peaceful resolution of disputes

· the principle of disarmament.

Special principles of IB law:

· principles of equality and equal security

· non-damage to the security of states, etc.

Arsenal of MB support tools:

· collective security (universal and regional); *

· disarmament;

· peaceful means of resolving disputes;

· measures to weaken international tension and ending the arms race;

· measures to prevent nuclear war;

· non-alignment and neutrality;

· measures to suppress acts of aggression, violations of peace and threats to peace;

· self-defense;

· actions int. organizations;

· neutralization and demilitarization of certain territories, liquidation of foreign military bases;

· creation of peace zones in various regions globe;

· measures to strengthen confidence between states.

The MB system is a set of means that ensure the maintenance of the MB; it distinguishes two points:

· collective measures - broad intl. cooperation;

· preventive diplomacy aimed at preventing threats to peace and peaceful settlement of international relations. disputes.

Collective Security means a system of joint activities of states around the world or a certain geographical area measures taken to prevent and eliminate threats to peace and suppress acts of aggression. Collective security is based on the UN Charter. .

Collective security system has two main features:

1. acceptance by the states participating in the system of at least three obligations, directed, as it were, “inside” the system:

· do not resort to force in your relationships;

· resolve all disputes peacefully;

· actively cooperate in order to eliminate any danger to the world.

2. the presence of organizational unity of the states participating in the system. This is either an organization that acts as a “classical” form of collective security (for example, the UN), or another expression of unity: the establishment of consultative or coordinating bodies (for example, the Non-Aligned Movement), the provision of systematic meetings (for example, the OSCE).


The collective security system is formalized by an agreement or a system of agreements.

There are two types of collective security systems: general (universal) and regional.

Currently, universal collective security is based on the functioning of the UN. In the mechanism for ensuring universal security on

the first plan is not coercive, but peaceful measures.

In addition to the universal system of international security, the UN Charter provides for the possibility of creating regional systems for maintaining international. peace. Regional security systems form part of the global security system.

Organization of American States

· North Atlantic Treaty Organization (NATO)

· The Collective Security Council was established within the CIS.

· Shanghai Cooperation Organization

40. Peaceful means of resolving disputes: concept, classification

The concept " international dispute" is commonly used to refer to disagreements between states, including those that may threaten international peace and security.

Conflict relationships:

· a dispute occurs when states mutually make claims regarding the same subject of the dispute.

· the situation occurs when a conflict of interests of states is not accompanied by mutual presentation of claims.

States have an obligation to settle their disputes on the basis of international law and justice.

According to Art. 38 of the Statute of the International Court of Justice, settlement of disputes on the basis of international law means the application of:

1. International conventions.

2. International customs

3. General principles of law recognized by civilized nations.

4. Judgments and doctrines of the most qualified experts in the public law of various nations (auxiliary aid)

Peaceful means of resolving disputes (Article 33 of the UN Charter):

1. negotiations

Specific goals, composition of participants, level of representation, organizational forms, etc. are agreed upon by the disputing parties themselves. Negotiations must be conducted on an equal basis, excluding violation of the sovereign will of the interested parties, without any preliminary ultimatum conditions, coercion, dictate and threats.

2. Consultations of the parties

The procedure for mandatory consultations based on the voluntary consent of the parties allows the use of a dual function of consultations: as an independent means of resolving disputes and for the prevention of possible disputes and conflicts, and also, depending on the circumstances, as a means for the disputing parties to reach an agreement on the use of other means of settlement. In the literature, consultations are often called a type of negotiation.

3. Examination

A means of peaceful settlement, which is resorted to in cases where the disputing parties disagree in their assessment of the factual circumstances that give rise to the dispute or led to the dispute. The parties create an international commission of inquiry on a parity basis. The parties retain complete freedom to use the findings of the investigative commission at their discretion.

4. Mediation

Mediation involves the direct participation of a third party in the peaceful resolution of a dispute.

5. Reconciliation

Reconciliation (conciliation procedure) includes not only clarification of factual circumstances, but also the development of specific recommendations of the parties, which form an international conciliation commission on a parity basis, developing such recommendations.

6. Good offices

a means of resolving an international dispute carried out by a party not participating in the dispute. These actions can be aimed at establishing contacts between the disputing parties; good offices can be provided either in response to a request from one or both disputing parties, or at the initiative of the third party itself.

7. Arbitration

To submit a dispute for consideration, the consent of the parties is required. Its decision is binding on the parties.

8. Trial

Disputes of a legal nature must, as general rule, transferred by the parties to International Court.

9. Appeal to regional bodies or agreements

The Charter does not link the actions of regional bodies for the settlement of international disputes with their competence as stated in the statutes of these bodies. It only conditions them in accordance with the UN Charter.

10. other peaceful means of your choice

The UN Security Council, in the event of a dispute or situation, has the power to “recommend an appropriate procedure or methods of settlement”, taking into account the procedure that has already been adopted by the parties.

To prevent the situation from deteriorating in the event of a threat to the peace, a breach of the peace or an act of aggression, the Security Council may “request from the parties concerned the implementation of such temporary measures as it finds necessary or desirable.”

Main source international security law is UN Charter. Along with it, an important place in the complex of sources of this branch of law is occupied by multilateral and bilateral international treaties, regulating legal aspects of ensuring peace and international security. Among them are:

1) treaties aimed at reducing conventional weapons, banning certain types of weapons and prescribing their destruction.

These treaties are generally aimed at ensuring disarmament. Disarmament

in the context of international security, it is generally accepted to consider a set of measures aimed at stopping the buildup of means of warfare, their limitation, reduction and elimination. The UN Charter, which includes “disarmament and the regulation of armaments” among the “general principles of cooperation in the maintenance of peace and security.” According to modern international law, states are obliged to: strictly and unswervingly comply with existing disarmament treaties, participate in activities provided for by treaties aimed at limiting the arms race and disarmament, seek the creation of new norms, conclude treaties aimed at disarmament, up to a treaty on general and complete disarmament under strict international control. The UN coordinates and directs the activities of states in this direction. UN Security Council is responsible for formulating “plans for the establishment of a system of arms regulation” (Article 26 of the UN Charter). UN Disarmament Commission prepares recommendations on disarmament problems, develops general principles

negotiations on disarmament, monitors the implementation of decisions of special sessions of the PLO General Assembly on disarmament.

  • The most important from the point of view of resolving disarmament issues are the Soviet-American bilateral treaties:
  • – Treaty on the Limitation of Anti-Ballistic Missile Systems of 1972 and its additional Protocol of 1974;
  • – Treaty between the USSR and the USA on the Elimination of Intermediate-Range and Shorter-Range Missiles of 1987, which provided for the elimination of all intermediate- and shorter-range missiles, their launchers, auxiliary structures and auxiliary equipment; – Treaty between the Russian Federation and the United States on the Further Reduction and Limitation of Strategic Offensive Arms of 1993 (ratified Russian Federation
  • in 2000); 2) treaties aimed at reducing the production and proliferation of nuclear weapons, limiting the buildup of weapons in quantitative and qualitative terms. These agreements constitute

a special group of sources the branch of law in question. which is universal, since all states without exception can participate in it. The Treaty distinguishes between the obligations of states that possess nuclear weapons and the obligations of states that do not possess them. A nuclear-weapon State party to this Treaty "undertakes not to transfer to any person nuclear weapons or other nuclear explosive devices, or control over such weapons or explosive devices, either directly or indirectly." States that do not possess nuclear weapons undertake not to produce or otherwise acquire nuclear weapons or other nuclear explosive devices, nor to accept any assistance in the production of such weapons (Articles 1, 2). The Treaty contains a norm that serves as a kind of link between existing regulatory provisions and future agreements on disarmament issues: “Each party to this Treaty undertakes to negotiate in good faith effective measures to end the nuclear arms race in the near future and complete disarmament under strict and effective international control" (Article 6).

Important sources of international security law are also:

  • – Treaty on the Prohibition of Nuclear Weapons in Latin America(Treaty of Tlatelolco) 1967;
  • – Treaty on the Southern Nuclear Free Zone Pacific Ocean(Treaty of Raratonga) 1985;
  • – Comprehensive Nuclear Test Ban Treaty 1996

These treaties are aimed at ensuring the non-proliferation of nuclear weapons in international law by creating nuclear-free zones as territories, free on the basis international treaty from nuclear weapons. If states are part of nuclear-free zones, then they undertake obligations not to test, produce or deploy nuclear weapons, and not to enter into any form of possession of nuclear weapons. The nuclear-free zone must be completely free of nuclear weapons.

Antarctica has been declared a nuclear-free zone, which, in accordance with the Antarctic Treaty of 1959, is completely excluded from any military activities, including the placement and testing of any types of weapons.

For example, Comprehensive Nuclear Test Ban Treaty 1996 contains “basic obligations” and a list of organizational and control measures for international level and national implementation measures. The “fundamental obligations” (Article I) are formulated as follows:

"1. Each State Party undertakes not to carry out any nuclear weapons test explosions or any other nuclear explosions, and to prohibit and prevent any such nuclear explosion in any place under its jurisdiction or control.

2. Each State Party undertakes to refrain from inducing, encouraging or participating in any way in carrying out such nuclear explosions."

The said Treaty (Article II) established Comprehensive Nuclear Test Ban Treaty Organization. Its members are all states party to the treaty. The location of the organization is Vienna (Austria).

The Conference of States Parties, which has the right to consider any issues within the scope of the Treaty, is the main body of the Comprehensive Nuclear-Test-Ban Treaty Organization), consists of all States Parties, having one representative each;

  • 3) Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction, 1993. The purpose of the Convention is to completely eliminate the possibility of using chemical weapons in the interests of all humanity. Convention, reaffirming the principles set out in the Geneva Protocol of 1925 “On the Prohibition of the Use in War of Asphyxiating, Poisonous or Other Similar Gases and Bacteriological Agents”, as well as Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on Their Destruction, 1972 obliges participating states not to develop, produce, acquire, or stockpile chemical weapons; not transfer it directly or indirectly to anyone; do not use chemical weapons; not to make any military preparations for the use of chemical weapons. In accordance with the Convention, states have undertaken obligations to destroy existing chemical weapons, as well as facilities for their production, and not to use chemicals in riot control as a means of warfare;
  • 4) treaties designed to prevent the accidental (unauthorized) outbreak of war. These include:
    • – Agreement on direct communication lines between the USSR and the USA, 1963 and 1971. (similar agreements were concluded by the USSR with France in 1966, Great Britain in 1967, Germany in 1986);
    • – Agreement on measures to reduce the risk of nuclear war between the USSR and the USA, 1971;
    • – Agreement between the Government of the USSR and the Government of the United Kingdom of Great Britain and Northern Ireland on the Prevention of Accidental Nuclear War, 1977;
    • – Agreement between the USSR and the USA on notification of the launch of intercontinental submarine missiles in 1988, etc.;
  • 5) treaties prohibiting the use of nuclear weapons in international space:
    • – Antarctic Treaty 1959;
    • – Treaty banning nuclear weapons tests in the atmosphere, in outer space and under water, 1963;
    • – Treaty on Principles for the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies, 1967;
    • – Treaty on the Prohibition of the Placement of Nuclear Weapons and Other Types of Weapons of Mass Destruction on the Bottom of the Seas and Oceans and in Their Subsoil, 1971, etc.

Recognizing the importance of the reviewed international agreements in this area, it should be noted that disarmament issues, including nuclear disarmament, have not been resolved and are not high on the agenda of the world community. A generally accepted and universal obligation to disarm has not been achieved in modern international law. The International Court of Justice, in its decision in the case of Nicaragua v. United States, adopted in 1986, wrote: “There are no rules in international law, other than those recognized by the States concerned by treaty or otherwise, in accordance with which the level of armaments of a sovereign State may be limited, and this principle applies to all states without exception." The core commitment in this area is to “negotiate in good faith... a treaty for general and complete disarmament under strict and effective international control.”

International politics continues to be dominated by the concept of “nuclear deterrence,” which the major nuclear powers (Russia and the United States) rely on in their national security strategies.

One of the most important goals of the world community is to ensure international security. International security is understood as a state of international relations in which threats to peace, violation of peace and acts of aggression in any form are excluded, and relations between states are built on the norms and generally recognized principles of international law.

The main, fundamental realities in the field of international security and interstate relations have already been quite clearly defined, which, in particular, include the following:

  • 1. Ideological and class struggle cannot form the basis of peaceful interstate relations.
  • 2. Nuclear war cannot be a means of achieving political, economic, ideological or any other goals. That's why there are treaties banning nuclear weapons and weapons of mass destruction.
  • 3. International security is comprehensive. That is, it affects many issues and spheres of public life.
  • 4. International security is indivisible. The security of one state cannot be built at the expense of the security of another. An arms race must not be allowed.
  • 5. The peacekeeping role of the UN in the fight for security has grown immeasurably

The above realities modern world and other factors indicate, on the one hand, the multifaceted and comprehensive nature of international security, and on the other, the inextricable connection between the security of each individual state and the security of the entire international community as a whole, as well as the connection between security and development.

In accordance with Art. 1 of the UN Charter, one of the most important goals of this organization is to maintain international peace and security and to take, for this purpose, effective collective measures to prevent and eliminate threats to peace and suppress acts of aggression or other violations of the peace and implement them by peaceful means, in accordance with the principles of justice and international law , settling or resolving international disputes or situations that may lead to a breach of the peace.

International law plays a special role in ensuring international security. Currently, a relatively independent branch has emerged in international law - the law of international security, which is a subsystem within the framework of an integral, unified system of international law.

The norms of international security law are enshrined in many international legal acts, primarily in the UN Charter, charters of regional collective security organizations, disarmament treaties, limitation of armed forces, agreements on confidence-building measures and a number of others.

The core of the branch of international security law consists of the basic principles of international law, such as the non-use of force and threats of force, non-interference in internal affairs, and others. At the same time, international security law also has its own special principles - the principle of equal security and the principle of non-damage to the security of states.

The means of ensuring international security established by international law can be divided into the following groups:

  • a) by content (peaceful means and coercive measures);
  • b) by role in ensuring international security;
  • c) by scope (within the territory of one state, within a region, worldwide).

There is a wide range of international legal means to ensure international security. It includes particulars:

  • - peaceful means of resolving international disputes;
  • - collective security systems (universal and regional);
  • - measures to prevent the arms race and disarmament;
  • - non-alignment and neutrality;
  • - confidence measures.