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

05.03.2020

State-like entities- derived subjects of international law. This term is a generalized concept, since it applies not only to cities, but also to certain areas. G.p.o. are created on the basis of an international treaty or a decision of an international organization and represent a kind of state with limited legal capacity. They have their own constitution or act of a similar nature, supreme state bodies, and citizenship. There are political-territorial (Danzig, Gdansk, West Berlin) and religious-territorial state-like entities (Vatican, Order of Malta). Currently, there are only religious-territorial state-like entities. Such entities have territory and sovereignty; have their own citizenship, legislative assembly, government, international treaties. Most often, such formations are temporary in nature and arise as a consequence of the unsettled territorial claims of various countries against 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 government bodies, the right to issue regulations, and have limited armed forces. These are free cities in the past (Venice, Novgorod, Hamburg, etc.) or in modern times (Danzig). West Berlin had a special status after the Second World War (before the unification of Germany in 1990).

The Order of Malta was recognized as a sovereign entity in 1889. The seat of the Order is Rome. Its official purpose is charity. It has diplomatic relations with many states. The order has neither its own territory nor population. Its sovereignty and international legal personality are a legal fiction.

State-like subjects of international law include Vatican. It is the administrative center of the Catholic Church led by the Pope, a “city state” within the Italian capital of Rome. The Vatican has diplomatic relations with many states in various parts of the world (including Russia), permanent observers at the UN and some other international organizations, and takes part in international conferences of states. The legal status of the Vatican is determined by special agreements with Italy in 1984.

21. the issue of compliance, application and interpretation of international treaties. invalidity of international treaties. Suspension and termination of contracts.

Each valid agreement is binding on the participants. Parties must fulfill in good faith the obligations assumed under the treaty and cannot invoke the provisions of their internal law as an excuse for their failure to fulfill the treaty (Article 27 of the 1969 Vienna Convention).

Section 2 of this part of the Convention, devoted to the application of treaties, contains Art. 28-30. The first of them establishes that contracts do not have retroactive effect unless otherwise appears from the contract or is otherwise established. According to Art. 29, the treaty is binding on each state party in relation to its entire territory, unless otherwise appears from the treaty or is otherwise established. Article 30 concerns the application of successive treaties relating to the same subject.

Moreover, the general rule is that contracts do not have retroactive effect, i.e. do not apply to events that occurred before the entry into force of the treaty . In addition, unless otherwise follows from the agreement, it is valid for all territories contracting states.

interpretation aims to clarify the meaning of the text of the treaty, while application involves establishing the consequences arising for the parties, and sometimes for third states. Interpretation itself can be defined as a legal procedure which, in connection with the application of a contract to an actual case, aims to clarify the intentions of the parties when entering into a contract through an examination of the text of the contract and other relevant materials. The interpretation of an international treaty must be carried out in accordance with the basic principles of international law. It should not lead to results that contradict these principles or violate the sovereignty of states and their fundamental rights. The next principle is conscientiousness of interpretation, that is, honesty, lack of desire to deceive the counterparty, the desire to establish the true meaning of the international treaty enshrined in its text.

The main object of interpretation that is decisive is the text of the treaty, which includes all parts of the treaty, including the preamble and, where appropriate, annexes, as well as any agreement relating to the treaty that was reached between all parties in connection with the conclusion of the treaty, and any document drawn up by one or more parties in connection with the conclusion of a contract and accepted by the other parties as a document relating to the contract.

International interpretation is the interpretation of a treaty by international bodies provided for by states in the international treaty itself or authorized by them subsequently, when a dispute about interpretation has arisen, to resolve this dispute. Such bodies may be specially created commissions or an international court (arbitration). In the first case we talk about international administrative interpretation, in the second – about international judicial interpretation.

Unofficial interpretation. This is the interpretation given by lawyers, legal historians, journalists, public organizations and political figures. This also includes doctrinal interpretation given in scientific works on international law.

An authentic interpretation of an international treaty can be embodied in various forms: a special treaty or additional protocol, exchange of notes, etc.

An international treaty is declared invalid If:

1) it was concluded in clear violation of internal constitutional norms relating to the competence and procedure for concluding a contract (Article 46 of the Vienna Convention);

2) consent to an obligation under a contract was given in error, if the error concerns a fact or situation that existed at the conclusion of the contract and constituted an essential basis for consent to be bound by the contract (Article 48 of the Vienna Convention);

3) the state entered into an agreement under the influence of the fraudulent actions of another state participating in the negotiations (Article 49 of the Vienna Convention);

4) the state’s consent to be bound by the treaty was expressed as a result of direct or indirect bribery of its representative by another state participating in the negotiations (Article 50 of the Vienna Convention);

5) a representative of the state agreed to the terms of the contract under duress or threats directed against him (Article 51 of the Vienna Convention);

6) the conclusion of the agreement was the result of the threat or use of force in violation of the principles of international law embodied in the UN Charter (Article 52 of the Vienna Convention);

7) the contract at the time of conclusion contradicts the basic principles of international law (Article 53 of the Vienna Convention).

Distinguish types of invalidity international treaty:

1) relative – the signs are: violation of internal constitutional norms, error, deception, bribery of a state representative;

2) absolute – the characteristics include: coercion of the state or its representative; a treaty that is inconsistent with fundamental principles or a peremptory norm of general international law (jus cogens).

Termination of international treaties means loss of their legal force. Termination of the contract is possible in the following cases:

1. When executing international treaties.

2. Upon expiration of the contract.

3. With mutual consent of the parties.

4. When a new peremptory norm of general international law arises.

5. Denunciation of a contract means the lawful refusal of the state from the contract on the terms provided for by the agreement of the parties in the contract itself, carried out by the highest government body, with notification to the counterparty.

6. Recognition of the treaty as invalid due to coercion of the state to sign it, fraud, error, or contradiction of the treaty to the norm of jus cogeiu.

7. Termination of the existence of a state or change in its status.

9. Cancellation - unilateral recognition of the contract as invalid. Legal grounds are: significant violation by the counterparty of obligations under the contract, invalidity of the contract, termination of the existence of the counterparty, etc.

10. Occurrence of an annulling condition; The contract may provide for a condition upon the occurrence of which the contract is terminated.

11. Suspension of a contract - termination of its validity for a certain (indefinite) time. This is a temporary break in the operation of the contract under the influence of various circumstances. Suspension of the agreement has the following consequences (unless the parties agree otherwise):

· releases participants from the obligation to comply with it during the period of suspension;

· does not affect other legal relations established by the contract between the participants

Question 7: main sources of international law

Sources of international law are the forms of existence of international legal norms. The source of international law is understood as the form of expression and consolidation of the norm of international law. A document that contains a rule of law. Types of sources of international law: 1) basic: international treaties; international (international legal) customs; 2) derivatives: acts of international conferences and meetings, resolutions of international organizations (resolutions of the UN General Assembly).

An international treaty is an agreement between states or other subjects of international law, concluded in writing, containing the mutual rights and obligations of the parties, regardless of whether they are contained in one or more documents, and regardless of its specific name.

International custom is a rule of behavior that, as a result of repeated repetition over a long period of time, has acquired tacit recognition by subjects of international law.

The acts of international conferences include a treaty as a result of the activities of a conference created specifically for the development of an international treaty of states, which is ratified and put into effect.

8. international treaty as a source of international law

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. The rights and obligations inherent in entities of a certain type (states, international organizations, etc.) form special international legal statuses for this category of entities. 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 different, since the scope of international norms that apply to them and, accordingly, the range of international legal relations in which they participate are different.

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 strive to create them 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. We are talking 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, provides for the creation of a certain organizational structure (operating bodies), and establishes their competence. 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 German consular officials.

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. The legal status of the Vatican is determined by the Lateran Agreements, signed between the Italian state and the Holy See on February 11, 1929, which are basically 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 its 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 of 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 treaties by states are regulated primarily by the 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 constituent entities 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 of the new Constitution of the Russian Federation in 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. The Charter of the Voronezh Region of 1995, for example, recognizes that the organizational and legal forms of international relations of the region are those 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 of the Irkutsk Region of 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 governing the procedure for concluding, executing and terminating contracts, for example, the law of the Tyumen region “On international agreements of the Tyumen region and agreements of the Tyumen region with constituent entities of the Russian Federation” was adopted in 1995. The law of the Voronezh region “On legal normative acts of the Voronezh region" of 1995 establishes (Article 17) that state authorities of the region have the right to conclude agreements, which are normative legal acts, with state authorities of the Russian Federation, with constituent entities of the Russian Federation, with foreign states on issues of common interest to them, mutual interest.

However, statements by constituent entities 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 within 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 constituent entities of foreign federal states and 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 appropriate 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 charters of some international organizations (UNESCO, WHO, etc.) allow the membership 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 long recognized the quality of international legal personality for an individual, arguing their position with references to the possibility of bringing individuals to international responsibility, and the individual’s appeal to international bodies for the protection of their rights. In addition, individuals in European Union countries 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.

For ideological reasons, Soviet lawyers for a long time denied that an individual had 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.

State-like entities

State-like entities have a certain amount of international legal personality. They are endowed with an appropriate scope of rights and obligations and thereby become subjects of international law. Such entities have territory, sovereignty, have their own citizenship, legislative assembly, government, and international treaties.

Among them were the so-called. "free cities", West Berlin. This category of entities includes the Vatican, the Order of Malta and Holy Mount Athos. 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 (Gdansk) (1920 - 1939) enjoyed the status of a “free state”, 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.

Vatican- a city state located within the capital of Italy - Rome. Here is the residence of the head of the Catholic Church - the Pope. The legal status of the Vatican is determined by the Lateran Agreements, signed between the Italian state and the Holy See on February 11, 1929, which are basically 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.

Order of Malta is a religious formation with its 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.

Holy Mount Athos (Athos) is an independent monastic state located on a peninsula in Eastern Greece, in the region of Chalkidiki. It is owned by a special Orthodox monastic association. Management is carried out jointly by representatives of each of the 20 monasteries. The governing body of Athos is the Holy Kinot, which includes representatives of all 20 monasteries of Athos. And the highest church power on Athos belongs not to the Patriarch of Athens, but to the Patriarch of Constantinople, as in the Byzantine era. Entry into the territory of a state-like entity is prohibited for women and even for female pets. To visit Holy Mount Athos, pilgrims must obtain a special permit - “diamonitirion”. In recent years, the European Council has repeatedly demanded that the Greek government open access to Mount Athos to everyone, including women. The Orthodox Church strongly opposes this in order to preserve the traditional monastic way of life.

The state becomes a subject of the international enterprise from the moment of its inception (ipso facto – due to the fact of its existence).

Features of the state as a subject of MP:

1) sovereignty, there are no absolutely sovereign states;

2) immunity - exemption from jurisdiction, applies to the state, its bodies, state property, and officials abroad. The state itself decides the issue of the scope of immunity; it can refuse in whole or in some part.

Concepts:

Absolute immunity – applies to all actions of the state;

Relative immunity - only for those actions that the state carries out as a sovereign, as a bearer of power. When the state acts as a private person, immunity does not apply (USA, South Africa, Singapore, UK). There are a number of international treaties adhering to this concept: the European Convention on State Immunity, the Convention for the Unification of Certain Rules Relating to the Immunity of Merchant Ships.

Types of immunities:

a) Judicial immunity - the immunity of one state from another without its consent; prohibition of the use of measures to secure a claim, prohibition of forced execution of a court decision;

b) Immunity of state property - inviolability of property, prohibition of seizure, seizure, foreclosure;

c) Fiscal (tax) - state activities abroad are not subject to taxes or fees, except those that represent a fee for any service.

3) population - all persons who live in the territory of the state and are subject to its jurisdiction.

4) territory - in the MP it is considered as part of the geographical space, the significance of the state territory: the material basis for the existence of the population; scope of state law. The state territory includes land, subsoil, water space (inland waters, archipelagic waters, territorial sea), air space above land and water. The limits are delineated by state borders. There are state territories with international regimes, for example Spitsbergen is a territory of Norway.

5) the presence of a system of bodies responsible for the international relations of the state (external relations bodies).

External relations bodies:

a) domestic:

States provided for by the constitution: head of state, parliament, government;

Not provided for by the constitution of the state: the department of foreign affairs, other bodies (for example, the Ministry of Foreign Economic Relations), bodies created to fulfill certain international obligations - for example, the National Central Bureau of Interpol;

b) foreign:

Permanent: diplomatic missions, consular offices, trade and other special missions (for example, tourist), missions to international organizations (permanent missions or observer missions);

Temporary: special missions, delegations to conferences, meetings.

A special question of the MP is whether members of federal states are subjects of the MP? in particular, are they subjects of the Russian Federation?

An analysis of Russian legislation (Federal Law “On International Treaties of the Russian Federation”, “On the Coordination of International and Foreign Economic Relations of Subjects of the Russian Federation”) allows us to draw a number of conclusions:

Subjects of the Russian Federation may enter into international agreements, but these agreements are not international treaties; and these agreements cannot be concluded without the permission of the Federation.

The Federation agrees on an international treaty with a subject of the Russian Federation if the agreement affects the territory of the subject, but the subject does not have a veto right.

Entities can be members of international organizations, but only those that allow membership of non-sovereign entities.

Thus, the subjects of the Russian Federation are not subjects of the MP.

35. State-like entities are subjects of international law.

State-like entities- derived subjects of international law. This term is a generalized concept, since it applies not only to cities, but also to certain areas. G.p.o. are created on the basis of an international treaty or a decision of an international organization and represent a kind of state with limited legal capacity. They have their own constitution or act of a similar nature, supreme state bodies, and citizenship. G.p.o. is, as a rule, demilitarized and neutralized. There are political-territorial (Danzig, Gdansk, West Berlin) and religious-territorial state-like entities (Vatican, Order of Malta). Currently, there are only religious-territorial state-like entities. Such entities have territory and sovereignty; have their own citizenship, legislative assembly, government, international treaties. Most often, such formations are temporary in nature and arise as a consequence of the unsettled territorial claims of various countries against each other.

Ö These are free cities in the past (Venice, Novgorod, Hamburg, etc.) or in modern times (Danzig).

Ö West Berlin had a special status after the Second World War (before the unification of Germany in 1990).

Ö State-like subjects of international law include Vatican. It is the administrative center of the Catholic Church led by the Pope, a “city state” within the Italian capital of Rome. The Vatican has diplomatic relations with many states in various parts of the world (including Russia), permanent observers at the UN and some other international organizations, and takes part in international conferences of states. The legal status of the Vatican is determined by special agreements with Italy in 1984.

(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 the fundamental difference between quasi-states and the main subjects of international law. Otherwise, state-like education has all the features inherent in a sovereign state: its own territory, state sovereignty, supreme bodies of state power, the presence of its 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 - the 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.