The law of international security is The concept, special principles and sources of international security law. History of international security law

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 mechanism for maintaining peace, which the world community already has, the maximum 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 implementation of the first task is associated with the process of law enforcement, the second - with the process of int. rulemaking.

International security law(MB) - a set of legal methods that correspond to the basic principles of the 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

The principle of amicable settlement 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 (general and regional); *

· disarmament;

· peaceful means of dispute resolution;

Measures to weaken the international tension and ending the arms race;

measures to prevent nuclear war;

non-alignment and neutrality;

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

· self-defense;

actions of international organizations;

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

Creation of peace zones in different regions the globe;

· confidence-building measures between states.

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

· collective measures - wide int. cooperation;

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

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

System collective security has two main features:

1. the adoption by the states - participants of the system of at least three obligations, addressed, as it were, "inside" the system:

Do not resort to force in your relationships;

resolve all disputes amicably;

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

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

At present, 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 support systems int. peace. Regional security systems are part of the worldwide security system.

Organization of American States

North Atlantic Treaty Organization (NATO)

· The Collective Security Council was established within the framework of the CIS.

Shanghai Cooperation Organization

40. Peaceful means of dispute resolution: concept, classification

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

Conflict relations:

A dispute occurs when states mutually present claims over the same subject matter of the dispute.

· the situation takes place when the clash 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, the 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 the Doctrines of the Most Qualified Public Law Officers of the Various Nations (Auxiliary Tool)

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 should be conducted on an equal basis, excluding violation of the sovereign will of the parties concerned, without any preliminary ultimatum conditions, coercion, diktat and threats.

2. Consultation of the parties

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

3. Examination

A means of amicable settlement, which is resorted to in cases where the disputing parties differ in their assessment of the factual circumstances giving rise to the dispute or leading to the dispute. The parties create on an equal footing an international commission of inquiry. The parties remain completely free to use the findings of the commission of inquiry at their own 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 the clarification of the actual circumstances, but also the development of specific recommendations of the parties, which form, on an equal footing, an international conciliation commission that develops 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 both in response to a corresponding request from one or both disputing parties, and at the initiative of the third party itself.

7. Arbitration

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

8. Litigation

Disputes of a legal nature should, as a general rule, be referred by the parties to the International Court of Justice.

9. Contact regional bodies or agreements

The Charter does not link the actions of regional bodies for the settlement of international disputes with their competence, which is fixed in the statutes of these bodies. It only conditions them according to 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 the appropriate procedure or methods of settlement", taking into account the procedure that has already been adopted by the parties.

In order to prevent a worsening of the situation in the event of a threat to the peace, a breach of the peace, or an act of aggression, the Security Council may "require from the parties concerned the implementation of such provisional measures as it deems necessary or desirable."

The law of international security is a system of principles and norms that regulate the military-political relations of subjects of international law in order to prevent the use of military force in international relations, limit and reduce armaments.

Like any branch of modern international law, international security law regulates a certain range of international legal relations, among which are:

  • a) relations related to the prevention of war and the escalation of international tension;
  • b) relations connected with the creation of international security systems;
  • c) relations on disarmament and arms limitation.

The principles of this branch of international law are all the basic principles of international law, but the branch of international security law also has its own specific principles:

The principle of equality and equal security, which boils down to the need to recognize that international security is guaranteed by a system of equality of national security measures. Any state will consider itself confident in political relations if it knows that national security measures are sufficient to protect the interests of the state. The principle of non-detriment to the security of the state, which boils down to the fact that a deliberate act against the security of a state may itself threaten international peace and security.

International security law- 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, threatening the world and security of peoples.

The legal basis of modern international security law consists primarily of such basic principles as the principle of the non-use of force, the principle of peaceful settlement of disputes, and the principle of disarmament.

Normative character are special principles international security law. Among them, the principles of equality and equal security, non-damage to the security of states, etc., should be emphasized. Equal security is understood in a legal sense: all states have an equal right to ensure their security. In this case, there may not be actual equality, parity in armaments and armed forces. International law knows an extensive arsenal of specific means of ensuring international security. These include:

  • Collective security (general and regional);
  • · disarmament;
  • peaceful means of resolving disputes;
  • · Measures to ease international tension and end the arms race;
  • measures to prevent nuclear war;
  • non-alignment and neutrality;
  • · Measures to suppress acts of aggression, violations of the peace and threats to the peace;
  • · self-defense;
  • · actions international organizations;
  • · neutralization and demilitarization of separate territories, liquidation of foreign military bases;
  • creation of peace zones in various regions of the globe;
  • · confidence-building measures between states.

Among the above-mentioned means of ensuring international security, the most important place is given to the first three.

The system of international security is a set of means that ensure the maintenance of international security, it distinguishes two points:

  • · the first: collective measures - wide international cooperation;
  • · second: preventive diplomacy aimed at preventing threats to peace and peaceful settlement of international disputes.

The main goal of international security is formulated in the UN Charter - "to maintain peace and international security" by "taking effective collective measures to prevent and eliminate threats to peace and suppress acts of aggression or other violations of the peace."

The interests of international security demand that even the possibility of an armed conflict be ruled out. Today, when resolving an armed conflict, it is extremely important to use exclusively political means, which are allowed by international law. The role of international law in this case is not only to maintain international peace and security, but also in preventing the emergence of hotbeds of tension - both new and already settled. The dominant role in these situations belongs to the law of international security.

International security is comprehensive. It is worth noting that it contains economic, political, military, humanitarian, environmental, informational and other aspects that are closely related to each other. There has always been a military-political security of states, which in Lately supplemented by economic, food, environmental, information and other security. Recently, problems (environmental, raw materials, demographic, food, etc.) have come to light before the entire civilized community, which demanded great attention and require the combined efforts of all the states of the planet to resolve it. All??? with great confidence allows us to speak about the emergence and development of a comprehensive system of international security.

International security is essentially indivisible. That is, one cannot build the security of one state at the expense of the security of another state. The military doctrines of all the states of the world must be strictly defensive. Apart from that, international security cannot be built on the basis of the existence and unilateral actions of NATO, bypassing the UN Security Council, without taking into account the opinions of the OSCE and such powers as Russia, China and India.

The norms of international security law are found in many international treaties, primarily in the UN Charter, charters of regional collective security organizations, treaties on disarmament, limitation of armed forces, agreements on confidence-building measures, etc. principles of international law, for example, non-use of force and threat of force, non-interference in internal affairs, conscientious fulfillment of international obligations, etc. , the principle of accounting for balances of interests, the principle of sufficiency, etc.

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

Collective security system has two main features:

  • 1. the adoption by the states - participants of the system of at least three obligations, addressed, as it were, "inside" the system:
    • Do not resort to force in your relationships;
    • resolve all disputes amicably;
    • · Actively cooperate in order to eliminate any danger to the world.
  • 2. the presence of organizational unity of the states - participants of the system. This is either an organization that acts as a “classic” form of collective security (for example, the UN), or another expression of unity: the establishment of advisory or coordinating bodies (for example, the Non-Aligned Movement), the provision of systematic meetings, meetings (for example, the OSCE).

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

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 Charter of the PLO, Resolution of the General Assembly of the PLO 2734 (XXV), Declaration on the strengthening of international security of December 16, 1970, Declaration on strengthening the effectiveness of the principle of renunciation of the threat or use of force in international relations (November 18, 1987 .), Resolutions of the UN General Assembly 50/6, Declaration on the occasion of the fiftieth anniversary of the United Nations of October 24, 1995, Declaration on the principles of international law concerning friendly relations and cooperation among States in accordance with the UN Charter of October 24, 1970. , and other international legal documents.

Thus, in accordance with the UN Charter, all UN members resolve their international disputes by peaceful means in such a way as not to endanger international peace and security and justice, refrain in their international relations from the threat or use of force as against the 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 Efficiency of the Principle of Renunciation of the Threat or Use of Force in International Relations (November 18, 1987). In accordance with the Declaration, every 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 action inconsistent with the purposes of the United Nations. Such threat or use of force is a violation of international law and the UN Charter and entails international responsibility. The principle of renunciation of the 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 considerations can be used to justify the threat of force or its use in violation of the Charter.

States have an obligation not to induce, encourage or assist other states to use force or the 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 outside interference, their political status and to pursue their economic, social and cultural development, and every State is bound 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, inciting, aiding or participating in paramilitary, terrorist or subversive activities, including those of mercenaries, in other States and from condoning organized activities aimed at the commission of such activities, within the limits its territory.

States have an obligation 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 shall use or encourage the use of economic, political or any other measures with a view to subordinating another state to itself 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 propaganda of aggressive wars.

Neither the acquisition of territory resulting from the threat or use of force, nor any occupation of territory resulting from the threat or use of force in contravention of international law, shall be recognized as a legitimate 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. In the parameters of the foregoing, the goal is to develop bilateral and regional cooperation as one of the important means of strengthening the effectiveness of the principle of renunciation of the threat or use of force in international relations.

Within the established criteria of due conduct, States are guided by their adherence to the principle of peaceful settlement of disputes, which is inextricably linked to the principle of renunciation of the threat or use of force in international relations. States that are parties to international disputes must resolve their disputes exclusively by peaceful means in a manner that does not endanger international peace, security and justice. To this end, they 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 avert the threat of any armed conflict, including conflicts in which nuclear weapons may be used, to prevent an arms race in outer space and to halt and reverse the arms race on Earth, to reduce the level of military confrontation and strengthen global stability.

Building on their stated commitment to strengthening the rule of law and order, States are cooperating at the bilateral, regional and international levels to:

  • - prevention of international terrorism and fight against it;
  • - Actively contributing to the elimination of the causes underlying international terrorism.

In order to ensure a high level of trust and mutual understanding, states seek to take concrete measures and create favorable conditions in the field of international economic relations with a view to achieving international peace, security and justice. At the same time, the interest of all countries in reducing the gap in the levels economic development and in particular the interests of developing countries around the world.

The principles of international security were also enshrined in the Declaration on the 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 against the territorial integrity or political independence of any state, or in any other way inconsistent 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 settling international issues.

Aggressive war is a crime against peace, which entails responsibility under international law.

In accordance with the purposes and principles of the UN, states are obliged to refrain from propaganda of aggressive wars. Every state has an obligation to refrain from the threat or use of force to violate the existing international frontiers of another state or as a means of settling international disputes, including territorial disputes and matters relating to state frontiers. Likewise, every State has an 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 shall be construed as prejudicial to the positions of the parties concerned with respect to the status and consequences of the establishment of such lines under their special regimes, or as violating 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, which are referred to in the specification of the principles of equality and self-determination, of their right to self-determination, freedom and independence. Each state has an obligation to refrain from organizing or encouraging the organization of irregular forces or armed bands, including mercenaries, to invade the territory of another state.

Every State has the duty to refrain from organizing, inciting, assisting or participating in acts civil war or acts of terrorism in another State, or from condoning organizational activities within one's own territory aimed at the commission of such acts, when the acts involve the threat or use of force.

The territory of a State must not be the object of military occupation resulting from the use of force in violation of the provisions of the Charter. The territory of a state must not be the object of 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 should be recognized as legal. Nothing in the foregoing shall be construed as violating:

  • a) the provisions of the Charter or any international agreement concluded prior to 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 tension and build confidence among states.

All States must, on the basis of the universally recognized principles and norms of international law, fulfill in good faith their obligations in relation to the maintenance of international peace and security and strive to improve the efficiency based on the Charter of the United Nations security system.

Nothing within the parameters of the foregoing shall be construed as extending or limiting in any way the scope of the provisions of the Charter relating to cases in which the use of force is lawful.

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

States should therefore endeavor to resolve their international disputes promptly and fairly by 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 on such peaceful means as are appropriate to the circumstances and nature of the dispute.

The parties to the dispute are obliged, in case they fail to reach a settlement of the dispute by one of the aforementioned peaceful means, to continue to seek the settlement of the dispute by other peaceful means agreed between them.

States that are parties to an international dispute, as well as other States, must refrain from any action that may worsen the situation so as to endanger 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 of the sovereign equality of states and in accordance with the principle of the free choice of means for the peaceful settlement of disputes. The application of, or acceptance of, a dispute settlement procedure freely agreed between States in relation to 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 jurisdiction of any state. No state or group of states has the right to interfere, directly or indirectly, for whatever reason, in the internal and external affairs of another state. As a consequence, armed intervention and all other forms of interference or any threat 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 apply or encourage the use of economic, political measures or measures of any other nature for the purpose of subordinating another State to itself in the exercise of its sovereign rights and obtaining from it any advantages whatsoever. No state shall also organize, assist, incite, finance, encourage or permit armed, subversive or terrorist activities aimed at changing the order of another state through violence, or intervene in the internal struggle in another state.

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

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 the sovereign equality of states, including in the sphere of security, enshrined in this Declaration, 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 economic, social, political or other differences.

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 fulfill fully and in good faith its international obligations and to live in peace with other states.

At the heart of the modern international legal concept of security, emphasis is placed on reducing the role of the factor of force in international relations while strengthening stability in the world. Since the second half of the 20th century, the conviction has gradually formed that the time has passed in the history of human civilization when states could only count on protecting themselves by creating their own powerful defense. Character modern weapons leaves no hope for any state to ensure its security only by military-technical means, by building up armaments and armed forces, since not only the nuclear war itself, but also the arms race cannot be won in this way. It became obvious that the security of states could be ensured not by military, but by political and legal means.

Modern international law is the law of peace, and therefore even those of its provisions, which, it would seem, are not directly related to the prevention of war, should contribute to strengthening international security. Thus, international security is the state of protection of the vital interests of states and the international community from potential and real threats or the absence of such threats.

The goal of international security is the preservation of the state

among other sovereigns, ensuring their own independence and sovereignty. If before the twentieth century. it could really only be about preserving oneself as an international personality, then with the advent of weapons of mass destruction one can already talk about the preservation of the state and its population in the physical sense, and of the entire civilization as a whole.

The experience of the anti-Hitler coalition proved that by joint efforts the states are able to defeat the aggressor and bring him to justice. This gave confidence in their ability to ensure post-war peace and security. The concept of peace and security was embodied in the UN Charter. Its implementation was hampered by the Cold War. In 1975, important decisions were taken by the Conference on Security and Cooperation in Europe. In 1986, the USSR proposed the concept of comprehensive international security. Its provisions were supported by the UN in the resolutions of 1986 and subsequent years, dedicated to a comprehensive system of international peace and security.

Modern system security is conceived as comprehensive. It covers not only military and political, but also other aspects - economic, environmental, humanitarian and, of course, legal. Particular importance is attached to democracy in international relations and in states. Preventive diplomacy comes to the fore. Conflict prevention, elimination of threats to peace and security is the most effective way to securing peace.

One of the main means of ensuring international security is the peaceful means of resolving disputes. The first general convention for the pacific settlement of international disputes was adopted in 1899 at the Hague Peace Conference. There is a corresponding chapter in the UN Charter. Since then, acts devoted to this problem have been adopted repeatedly.

The desire of states to ensure stable peace on earth depends primarily on foreign policy and from the unconditional implementation of the principles and norms of modern international law. The objective need for cooperation between states in matters of ensuring peace led to the process of formation and functioning of a new branch of general international law - the law of international security

It should be borne in mind the changes in the object of legal regulation that have occurred in last years. Today, along with the continuing danger of conflicts between states, the security threat posed by intrastate conflicts generated by interethnic, interethnic, interreligious contradictions and clashes is becoming more and more serious.

International security law is a system of special principles and norms governing the military-political relations of states and other subjects of international law in order to prevent the use of military force in international relations, limit and reduce armaments.

Like any branch of international law, international security law is based on general principles modern international law, among which the principle of non-use of force or threat of force, the principle of peaceful settlement of disputes, the principles territorial integrity and inviolability of borders, as well as a number of sectoral principles, such as the principle of disarmament, the principle of equal security, the principle of no damage, the security of states, the principle of equality and equal security. Taken together, they constitute the legal basis of international security law.

The principle of disarmament. The modern concept of international security arose in a situation of an arms race between two superpowers - the USSR and the USA. If in the 19th century ensuring security through the improvement of weapons and their buildup was the norm for states, then in the second half of the twentieth century. it became clear that such an armed potential had been accumulated that could destroy all of humanity, so an urgent problem arose - how to get rid of it, while maintaining parity. The principle of disarmament means the progressive movement of states along the path of reducing their own armed potential to the necessary minimum. Such a reduction is only possible on a reciprocal basis.

The principle of equal security. The main content of this principle is the right of every state (without any exceptions) to security. Security is ensured for everyone equally, taking into account the interests of all subjects without any discrimination.

The principle of no prejudice to the security of States. This principle states that one should not strengthen one's own security at the expense of the security of others and that one-sided security advantages should not be gained. States must refrain from any action that could harm the security of another state.

The principle of equality and equal security. The significance of this principle lies in the fact that states and their military associations, between which there is a strategic balance, are obliged not to disturb this balance, while striving for the lowest possible level of armaments and armed forces. This can be seen in the example of relations between the USSR (now Russia) and the USA. During the existence of the USSR, parity was achieved through the creation of two military groups - collective security organizations (NATO and the Warsaw Pact). Equal confrontation at that time was almost the only means of ensuring security. Then, starting in 1991, this confrontation changes: NATO expands its presence in Eastern Europe, the USSR ceases to exist, instead of it, the Russian Federation appears on the political arena. Has parity been maintained? At present, if one can speak of confrontation as ensuring equality and equal security, then it exists between the United States and Russia. One can speak, first of all, of parity in strategic nuclear forces. This parity was confirmed by two treaties on the reduction and limitation of strategic offensive arms (START-1, START-2). But it should be borne in mind that this principle should acquire a global character and, according to S. A. Malinin, will mean the obligation of sovereign subjects to maintain the limits of reasonable sufficiency, however, at an increasingly low level of military potential.

The main source regulating the international legal ways and means of ensuring peace is the UN Charter (Ch. I, VI, VII). The maintenance of international peace and security and the adoption of effective collective measures for this are the main goals of the United Nations (Article 1).

The resolutions of the General Assembly adopted within the framework of the UN, containing fundamentally new normative provisions and focused on concretizing the provisions of the Charter, can also be classified as sources of international security law. For example, "On the non-use of force in international relations and the prohibition forever of the use of nuclear weapons(1972) or The Definition of Aggression (1974).

An important place in the complex of sources of international security law is occupied by interconnected multilateral and bilateral treaties that regulate the legal aspects of ensuring peace. These contracts can be conditionally divided into four groups.

I. Treaties holding back the race nuclear weapons in terms of space. These include the Agreement on
Antarctica (1959), Treaty on the Non-Proliferation of Nuclear Weapons (1968), Treaty on Principles for the Activities of States in Research and Use outer space, including the Moon and others celestial bodies(1967), Treaty on the Prohibition of the Deployment of Nuclear Weapons and Other Weapons of Mass Destruction on and in the Seabed (1971), Treaty for the Prohibition of Nuclear Weapons in Latin America (Treaty of Tlatelolco, 1967), Treaty on a nuclear-free zone in the southern part Pacific Ocean(Treaty of Rarotonga, 1985), etc.

II. Treaties limiting the buildup of armaments in
quantitative and qualitative relations.
It's a treaty
on the Prohibition of Tests of Nuclear Weapons in the Atmosphere, in Outer Space and Under Water (1963), the Comprehensive Nuclear Test Ban Treaty (1996), the Convention on the Prohibition of Military or Any Other Hostile Use of Means of Influencing natural environment(1977), Treaty between the Russian Federation and the United States of America on the Further Reduction and Limitation of Strategic Offensive Arms (1993).

III. Treaties prohibiting the production of certain
types of weapons and prescribing their destruction.
These are the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on Their Destruction (1972), the Convention on the Prohibition of the Development, Production and Use of Chemical Weapons and Their Destruction (1993), the Treaty between the USSR and the USA on the elimination of their medium-range and shorter missiles
range (1987).

IV. Treaties designed to prevent the accidental (unauthorized) outbreak of war. These are the Agreement on direct communication lines between the USSR and the USA (1963, 1971 rr.) (similar agreements were concluded by the USSR with Great Britain in 1967, France in 1966, Germany in 1986), the Agreement on measures to reduce the danger the outbreak of a nuclear war between the USSR and the USA (1971), Exchange of letters between the USSR and France on the prevention of accidental or
unauthorized use of nuclear weapons (1976),
Agreement between the Government of the Union of Soviet Socialist Republics 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 Launch Notification intercontinental missiles submarines(1988) and some others.

Among the sources of international security law, the documents adopted in the framework of the Conference on Security and Cooperation in Europe (CSCE), up to the Code of Conduct on Military-Political Aspects of Security, adopted at the Budapest Summit of the CSCE participating States 5-6 deserve special attention December 1994

As a new branch of modern international law, the law of international security has one important feature, which is that its principles and norms in the process of regulation international relations are closely intertwined with the principles and norms of all other branches of international law, thus forming a secondary legal structure that serves, in essence, the entire system of modern international law. This feature gives reason to say that the law of international security is a complex branch of modern international law.

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 the legal aspects of ensuring peace and international security. Among them should be highlighted:

1) treaties aimed at reducing conventional weapons, prohibiting 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 customary to consider a set of measures aimed at stopping the build-up of means of warfare, their limitation, reduction and elimination. UN Charter, which includes "disarmament and 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, to participate in the measures provided for by treaties aimed at limiting the arms race and disarmament, to seek the creation of new norms, the conclusion of 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. United Nations Security Council is responsible for formulating "plans for the creation of a system of arms regulation" (Article 26 of the UN Charter). United Nations Disarmament Commission prepares recommendations on disarmament problems, develops general principles for negotiations on disarmament, monitors the implementation of the decisions of the 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 an additional Protocol to it 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-range and shorter-range missiles, launchers to them, 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 are special group of sources the branch of law in question.

Among them, a special place is Treaty on the Non-Proliferation of Nuclear Weapons 1968, which is universal, since all states without exception can participate in it. The treaty distinguishes between the obligations of states possessing 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 of such weapons or explosive devices, either directly or indirectly." States that do not possess nuclear weapons undertake not to manufacture or otherwise acquire nuclear weapons or other nuclear explosive devices, and also not to accept any assistance in the production of such weapons (Articles 1, 2). The Treaty contains a rule that serves as a kind of link between existing normative regulations and future agreements on disarmament issues: "Each party to this Treaty undertakes, in the spirit of good will negotiate 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 for the Prohibition of Nuclear Weapons in Latin America (Tlatelolco Treaty) 1967;
  • – Treaty on a nuclear-free zone in the South Pacific (Treaty of Rarotonga), 1985;
  • – 1996 Comprehensive Nuclear Test Ban Treaty

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 the states are part of the nuclear-free zones, then they undertake obligations not to carry out tests, production and deployment of nuclear weapons, not to enter into any form of possession of nuclear weapons. A nuclear-free zone must be completely free of nuclear weapons.

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

For example, 1996 Comprehensive Nuclear-Test-Ban Treaty contains "basic obligations" and a list of organizational and control measures for international level and national implementation measures. The "basic obligations" (art. I) are worded as follows:

"1. Each State Party undertakes not to carry out any nuclear weapons test explosions and 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 inciting, encouraging or participating in any way in the carrying out of such nuclear explosions."

The specified Treaty (Article II) established Comprehensive Nuclear-Test-Ban Treaty Organization. Its members are all states parties to the treaty. The seat of the organization is Vienna (Austria).

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

  • 3) Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction of 1993. The purpose of the Convention is in the interests of all mankind to completely exclude the possibility of using chemical weapons. Convention, reaffirming the principles set forth in the 1925 Geneva Protocol on the Prohibition of the Use in War of Asphyxiating, Poisonous or Similar Gases and Bacteriological Agents, and 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; do not transfer it directly or indirectly to anyone; do not use chemical weapons; not to carry out any military preparations for the use of chemical weapons. In accordance with the Convention, the states have undertaken to destroy the existing chemical weapons, as well as facilities for their production, not to use chemical agents 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 in 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 a nuclear war between the USSR and the USA in 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, on the launch of intercontinental missiles of submarines in 1988, etc.;
  • 5) treaties prohibiting the use of nuclear weapons in international space:
    • – The Antarctic Treaty of 1959;
    • – Treaty on the Prohibition of Tests of Nuclear Weapons in the Atmosphere, in Outer Space and Under Water, 1963;
    • – Treaty on the Principles of 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 at the Bottom of the Seas and Oceans and in Its Subsoil, 1971, etc.

Recognizing the importance of the international agreements in this area, at the same time, it should be noted that the issues of disarmament, including nuclear, are not resolved, and are not among the top priorities on the agenda of the world community. A generally recognized and universal obligation to disarm in modern international law has not been achieved. The International Court of Justice, in its 1986 decision in Nicaragua v. the United States, wrote: "There are no norms in international law, except those recognized by the States concerned, by treaty or otherwise, according to which the level of armaments of a sovereign State may be limited, and this principle applies to all States without exception." The essence of the main obligation in this area is to "negotiate in good faith ... a treaty on general and complete disarmament under strict and effective international control".

International politics is still dominated by the concept of "nuclear deterrence", on which the major nuclear powers (Russia and the United States) rely in their national security strategy.