Dictionary of international law.

International law.

Topic 1.

International society (internationalsociety) – The main concept of the so-called. English school of international relations (internationalrelations). The main idea is that states are able to form a community by establishing common norms and central institutions and recognizing a mutual interest in maintaining these institutions.

International public law is a special legal system that regulates relations between states, international organizations created by them and some other subjects of international communication.

International private law is a set of legal norms governing civil law relations of an international character.

The international legal order is a system of international legal relations designed to add structural stability to the community of states based on the goals and principles of international law.

The norms of international law are a generally binding rule for the activities and relations of states or other subjects of international law in international relations.

The branch of international law is a set of legal norms and principles that regulate relations between subjects of international law in a certain area, which constitutes a specific subject of international law and is associated with a specific group of objects of international law.

The IL system is an internally unified, integral set of interrelated branches of international law that have their own principles, institutions and norms.

Topic 2

The subject of international relations is the participants in international relations, who have international rights and obligations, and carry out on the basis of international relations.

International legal personality – the ability of a subject of international law to be a participant in international legal relations, in particular, to conclude and fulfill international treaties

International trusteeship is a system created by the UN to manage the former mandated territories of the League of Nations, territories torn away from Germany, Italy after the 2nd World War, etc.

A mandated territory is a territory for which the League of Nations has issued a mandate for external administration, in accordance with Article 22 of the Treaty of Versailles. After the entry into force of the UN Charter on October 24, 1945, the mandated territories of the League of Nations became known as UN trust territories (based on the agreements of the Yalta Conference).

Free city, free city (German: FreieStadt, Freistadt) – in German law, the designation of a city that was an independent territorial and political entity, independent of the state entities whose territories it was surrounded by. The term is not used for modern city-states.

Concordat (from medieval Latin concordatum – agreement, from Latin concordo – I am in agreement) – according to canonical terminology, an agreement between the Pope as the head of the Roman Catholic Church and any state that regulates the legal status of the Roman Catholic Church in this state and his relationship with the Holy See; treaties with other countries are called conventions. A clear gradation of terms was lost in the 19th century due to changes in the political map of Europe and Asia. (special agreement between the state authorities and the Catholic Church in a given country and the attitude towards it from the state authorities)

Nuncio – the highest diplomatic representative of the Holy See, corresponds to the Ambassador Extraordinary and Plenipotentiary. In most countries with a historically predominantly Catholic population, since the Peace Congress of Vienna (1815), the nuncio has been the dean (elder) of the diplomatic corps. Derived from “nuncios” – “nunciature” – the papal embassy in any country. (Diplomatic representative of the Vatican – equivalent to an ambassador)

Successor State means the State which has succeeded another State in the event of a succession of States.

The successor state is a theory in international law about the continuity of the state as a subject of international law and the continuity of international state obligations. This is the difference from the concept of “succession”, when one state assumes the international rights and obligations of another.

The Tobaro Doctrine is a political doctrine put forward in 1907 by Ecuadorian Foreign Minister K. R. Tobar (C. R. Tobar) on the non-recognition of new governments that came to power in an unconstitutional way.

The Estrada Doctrine is the doctrine of the informal recognition of governments, put forward by the Minister of Foreign Affairs of Mexico, X. Estrada, in a communiqué dated September 27, 1930, on the recognition of new governments.

Adhoc is a Latin phrase meaning “especially for this,” “on a special occasion.” … In international law, the term “adhoc” is also used to designate a form of international legal recognition when it is necessary to establish one-time contacts between parties who categorically do not want to recognize each other.

Continuity (English continuity – continuity) – in international law, the implementation by the successor state of the rights and obligations of the predecessor state provided for in treaties. Thus, Russia is the successor to the international rights and obligations of the former USSR, including permanent membership in the UN Security Council and other international organizations.

Topic 3.

An international treaty is an agreement between two or more states or other subjects of international law regarding the establishment, modification or termination of their mutual rights and obligations in political, economic or other respects.

A gentleman’s agreement is a special kind of informal international agreement (agreement). Unlike ordinary contracts, non-observance of a gentlemen’s agreement entails (as a rule) only moral consequences. It is concluded in written or oral form and falls under the principle of conscientious fulfillment of international obligations. They are used in bilateral and multilateral legal relations.

A clause is a special provision in an international treaty or agreement. It is used to denote a variety of special provisions and conditions: on the most favored nation treatment in trade, on universal participation in a treaty, on a fundamental change in circumstances, on the mandatory jurisdiction of an international judicial body, etc.

Casus federis is a condition of an international treaty, the occurrence of which is the basis for the fulfillment by its parties of their obligations.

The Calvo clause is a provision included in contracts between a number of Latin American states and US citizens that disputes related to the application of these contracts should be resolved only with the help of local remedies, without recourse to international instances. This naturally gave rise to the question of whether a foreign citizen can deprive his state of the right to provide him with diplomatic protection, since this right does not belong to a citizen, but to his state. It is named after the famous Argentine lawyer C. Calvo (late 19th – early 20th century).

Alternative – the rule according to which in a copy of an international treaty intended for a given contracting party, the name of this party in the general list of parties, the signatures of its authorized representatives, seals, as well as the text of the treaty in the language of this party are placed in the first place and a place is left for the signature on the left side or top, if the signatures are located one above the other.

Cancellation of an international treaty is a unilateral refusal of a state from an international treaty it has concluded, as a result of which it loses legal force for it. The annulment of an international treaty is not based on a preliminary agreement of the parties, enshrined in the text of the treaty itself, but is unilateral.

The authentic text is used in cases where the text of the treaty was developed, agreed and adopted in one language, but for ease of use, the text of this treaty is set out in two or more languages.

Denunciation, denunciation (from the French dénoncer “to terminate”) is a duly executed refusal of the state from the international treaty it has concluded.

Ratification (lat. ratificatio, from lat. ratus – decided, approved and facere – to do) – the process of giving legal force to a document (for example, an agreement) by approving it by the appropriate body of each of the parties.

Depositary of an international treaty – in international law, a state or an international organization that has undertaken to keep the text of an international treaty, documents on its ratification, etc.

Invalidity of an international treaty – established by Art. 46-53 of the 1969 Vienna Convention on the Law of Treaties. The grounds for N.m.d. may be clear violations of domestic law relating to the competence to conclude contracts; special restrictions on the power of the representative of the state to express his consent to be bound by the treaty; errors in the contract; conclusion of a treaty under the influence of fraudulent actions of other parties to the treaty;

The novation of an international treaty is the renewal of obligations under an international treaty by completely or partially replacing old obligations with new ones in order to bring them into line with the objectives of the treaty in relation to new conditions.

A reservation to an international treaty is a unilateral official statement by one of the parties to an international treaty regarding the intention to exclude or change the legal effect of certain provisions of the treaty in their application to this party.

Initialing – (from French paraphe stroke, abbreviated signature, stamp) preliminary signing of an international treaty with the initials of the persons involved in its development (the initials are placed on each page of the agreed text of the draft treaty).

The signing of an international treaty is one of the stages of concluding an international treaty, completing negotiations and signifying the consent of the parties to be bound by the treaty, if, according to the terms, it comes into force from the moment of signing.

Accession to an international treaty is one of the forms (in addition to signing, exchanging documents constituting the treaty, ratification, acceptance, approval) expressing the state’s consent to be bound by an international treaty.

Prolongation of an international treaty is an extension of the treaty carried out before the expiration of its validity in order to ensure its continuity.

Instrument of ratification is a written diplomatic document emanating from the head of state that has signed an international treaty, which conveys to the counterparties or the depositary the consent of the said state to be bound by this treaty.

Registration of an international treaty is the entry into a special register of an international organization of an international treaty that has entered into force, which allows the parties to the treaty to refer to it in the bodies of such an organization when substantiating their rights.

Theme 4

Political responsibility is one of the types of international legal responsibility. It is expressed in the form of satisfaction, reprisals, as well as collective sanctions, which, according to the UN Charter, can only be taken by decision of the UN Security Council regarding states whose actions threaten peace or violate it.

Liability is the obligation of one of the parties to an employment contract to be liable for damage caused by it to the other party as a result of guilty unlawful behavior (action or inaction). The liability of an employee can be of two types: full and limited.

Limited liability is a legal liability when the founders are liable for the obligations of the company only within the limits of the capital invested in it. See also Limited Liability Company.

Circumstances exempting from liability traditionally include the fault of the injured party itself.

An unfriendly act is the actions of one state against another or its legal or natural persons, which are not necessarily unlawful in nature, but are unfriendly (for example, refusal to satisfy the justified claims of a state that is carrying out diplomatic protection of its persons subject to the territorial jurisdiction of another state).

Contribution (Latin contributio – general contribution, public fundraising) – payments imposed on the losing state in favor of the winning state.

Reparations are one of the forms of material liability of a subject of international law for damage caused as a result of an international offense committed by him to another subject of international law.

Reprisals are lawful coercive actions of one state against another state, applied in response to illegal actions of another state in order to restore the violated right (suspension or severance of diplomatic relations, imposition of an embargo on the import of goods and raw materials from the territory of the offending state).

Restitution – in international law, the return of property illegally seized and exported by one of the belligerent states to the territory of another state that was its military adversary.

Retortion is a retaliatory restriction imposed on the rights of citizens and legal entities of those states in which there are special restrictions on the rights of citizens and legal entities of the state accepting retaliatory restrictions.

International sanctions – 1) a structural element of the norm of international law, indicating adverse consequences for the violating state; 2) coercive measures carried out by international organizations, primarily the UN.

Satisfaction is a form of international legal responsibility, expressed in the fact that the offending state provides satisfaction to the affected state.

Topic 5.

Diplomacy is the activity of the heads of states, governments and special bodies of external relations to implement the goals and objectives of the foreign policy of states, as well as to protect the interests of the state abroad.

The diplomatic corps (fr. corpsdiplomatique, CD) is the diplomatic staff of diplomatic missions located in a given country.

Diplomatic personnel – staff members of diplomatic missions. It consists of three categories of employees: 1) official, i.e. actually diplomatic, staff, which includes, in addition to the head of the mission, also all other employees with diplomatic quality, i.e. advisers, secretaries, attaches (military, naval, aviation and other special attaches). In the practice of many countries, reflected in international law, it is customary to classify priests and doctors of missions as part of the diplomatic staff, despite the clearly not diplomatic nature of their functions, but in the East – dragomans (translators); 2) clerical (technical) personnel, which includes heads of offices, archivists, secretaries of consular departments, personal secretaries, typists, stenographers, accountants, house managers, etc.; 3) service personnel: porters, couriers, chauffeurs, elevator operators, janitors, gardeners, cooks, valets, domestic servants, etc.

Diplomatic ranks are class ranks assigned to persons holding public positions of the Russian Federation and positions of the federal state civil service in the ministries of foreign affairs, diplomatic missions and consular offices. They exist in most countries of the world (although there are countries where the same rank system applies to diplomats as to other civil servants).

Diplomatic representation (diplomatic representation) – a foreign body of foreign relations of the state. Established on the basis of mutual agreement between states. Acts on behalf of the state that established it. Basically, it serves to maintain diplomatic relations.

Immunity is the removal of the mission and its employees from the administrative, criminal and civil jurisdiction of the host state.

Privileges are benefits, benefits that are not available to ordinary foreigners.

Agrément (from French agrément – approval, consent) – the prior consent of one state to the appointment of a certain person as the head of the diplomatic mission of another state.

Topic 6. Law of international organizations.

An international organization is an association of an interstate or non-state character, created on the basis of agreements (for example, the UN has a charter, but the OSCE, due to the specifics of its activities, does not).

International non-governmental organizations are a kind of international organizations that are non-territorial entities that meet three criteria: first, they have an international character of composition and goals; secondly, the private nature of the foundation; and third, the voluntary nature of the activity. Another important characteristic is the non-commercial nature of the activity, which does not allow transnational corporations (TNCs) to be included in this group.

Supranationality, supranationality is a legal quality of an international organization that allows it, in accordance with the procedure approved by the member states, to make decisions of a binding nature, including without the direct consent of the state concerned.

Law is the basic concept of jurisprudence, one of the types of regulators of social relations; a system of obligatory, formally defined, state-guaranteed rules of conduct.

Veto (from Latin veto – “forbid”) – the right, meaning the authority of a person or group of persons to unilaterally block the adoption of a decision.

International convention (from lat. conventio – agreement) – a multilateral international treaty. Most international conventions are concluded on special economic, legal and humanitarian issues. International conventions establish mutual rights and obligations of states. Multilateral international conventions contain norms of a general nature (the Hague Conventions of 1899 and 1907, the Geneva Conventions of 1949). Many international conventions have been adopted by specialized international organizations, such as the conventions of the International Labor Organization.

Acclamation (lat. acclamatio – “shout, exclamation”) – a simplified procedure for making or rejecting a decision based on the reaction of the participants, expressed in the form of applause, exclamations, remarks and other direct (informal) expression of one’s opinion.

“Integration” (Latin “integratio” – association) With regard to the sphere of interstate relations, it means a voluntary and mutually beneficial association of individual parts (subjects) into a kind of independent integrity (community). Moreover, the latter is not just an arithmetic sum of its constituent parts. Integration makes it possible to obtain such material, intellectual and other means that none of the participants would have if they acted autonomously.

UN Specialized Agencies (total 16) are intergovernmental organizations of a universal nature that cooperate in special areas and are associated with the UN.

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