Established with the adoption of the UN Charter in 1945. Its development process continues. The very name of the principle has not been finally established: one can meet the mention of both territorial integrity and territorial inviolability. The significance of this principle is very great from the point of view of stability in interstate relations. Its purpose is to protect the territory of the state from any encroachment.

In the Declaration on the principles of international law concerning friendly relations and cooperation between states in accordance with the UN Charter, 1970, when disclosing the content of the wording of paragraph 4 of Art. 2 of the UN Charter reflected many elements of the principle of territorial integrity (inviolability), although this principle itself was not mentioned separately.

The next stage in the development of this principle was the Final Act of the Conference on Security and Cooperation in Europe in 1975, which contains a separate and most complete formulation of the principle of the territorial integrity of states: "The participating States will respect the territorial integrity of each of the participating States. Accordingly, they will refrain from any action inconsistent with the purposes and principles of the Charter of the United Nations against the territorial integrity, political independence or unity of any participating State and, in particular, from any such action constituting the threat or use of force. likewise refrain from making each other's territory the object of military occupation or other direct or indirect measures of force in violation of international law, or the object of acquisition by means of such measures or the threat of them. " 1 .

The principle of the territorial integrity of states is one of the basic principles of international law, enshrined in paragraph 4 of Art. 2 of the UN Charter.

This principle is specified in the 1970 Declaration on Principles of International Law, where it is interpreted as part of the principle of the sovereign equality of states and as part of the principle of non-use of force or threat of force. Indeed, this principle is closely related to both of these principles. The Declaration says: "Territorial integrity and territorial inviolability" 2 .

However, the principle of the territorial integrity of states is so important that in the Final Act of the Conference on Security and Cooperation in Europe it is singled out as an independent principle of international law: "The participating States will respect the territorial integrity of each of the participating States."

The principle of inviolability of state borders.

It defines the cooperation of states in establishing borders, protecting them, resolving disputes in connection with borders. The significance of relations associated with borders is determined by the fact that they are the boundaries of the spread of state sovereignty, the boundaries of the operation of the state legal order. Questions about borders occupy a fairly large place in the most important treaties of our time, but they are not inferior to those that have long since become only milestones in history. Since ancient times, it was believed that the violation of the border is a casus belli - a pretext for legitimate war. Air, sea, land borders are protected by the entire power of the state, its diplomatic apparatus, as well as its political allied treaties.

In written form, as indicated, it is reflected in bilateral and multilateral allied treaties, charters of universal and regional political organizations.

Its understanding by states is reflected in such moral and political norms as the norms of the Declaration of Principles of the Final Act of the Conference on Security and Cooperation in Europe (1975) therefore, they will refrain now and in the future from any encroachment on these frontiers. They will accordingly refrain also from any demand or action aimed at the seizure and usurpation of part or all of the territory of any State Party" 1 , declarations and resolutions of the UN General Assembly, in particular, in the Declaration of Principles Concerning Friendly Relations between States (1970).

States are obliged not to violate the rules established by domestic and international norms on the regime of borders. Thus, the regime of protection of the border of the Russian Federation, established by the Law "On the State Border of the Russian Federation" of 1993, provides for strictly visa entry into the territory of Russia, the Schengen Agreement of 1990. concluded by 9 states of Europe, on the contrary, established the principle of visa-free border crossing by citizens of the states-participants of the Agreement. The right of the state is the establishment or removal of customs and other restrictions related to the passage of borders individuals, vehicles, goods.

In relation to borders, the institution of confidence-building measures also operates, which is expressed in the ban on the movement of troops or conducting exercises near the borders, the creation of security zones, etc., in the establishment of transparency (transparency) of borders for certain types of goods and services. Such a regime has been established between some CIS countries 1 .

Violation of borders is considered an international crime, in connection with which it is possible to apply the most stringent retaliatory measures, provided, in particular, in Art. 39-47 of the UN Charter: the use of armed forces, other emergency sanctions, up to limiting the sovereignty of the guilty state, and violating its borders.

THE PRINCIPLE OF TERRITORIAL INTEGRITY OF STATES is a universally recognized principle of modern international law. Sometimes referred to as the principle of the integrity of the state territory or the principle of the inviolability of the state territory, but their essence is the same - the prohibition of the forcible seizure, annexation or dismemberment of the territory foreign state. The turning point in the formation of P.t.ts.g. was the international legal prohibition of war as a means of resolving international disputes after the First World War. The Charter of the United Nations, adopted in 1945, prohibited the threat or use of force against territorial inviolability and thereby finally established the P.t.c.g., albeit in a condensed formulation. Subsequently, the UN adopted a number of decisions that developed this UN Charter, supplementing it with new content. The provisions on territorial integrity and inviolability were enshrined in the Declaration on the Principles of International Law Concerning Friendly Relations and Cooperation among States in accordance with the UN Charter, which was adopted by the UN General Assembly in 1970. An important stage in the formation and development of this principle was the Final Conference on Security and Cooperation in Europe 1975, which contains participating States to respect each other's territorial integrity, to refrain from any action inconsistent with the UN Charter, against the territorial integrity, political independence or unity of any participating State of the meeting, in particular through the use of force or threats of force, and so on. refrain from making each other's territory a military occupation or other direct or indirect use of force in violation of international law or an object of acquisition through such measures or the threat of their implementation. This principle prohibits captures in any form, and this determines its significance in modern international relations. He found t.zh. reflected in many international treaties in relation to specific regions and countries.

Economics and law: a dictionary-reference book. - M.: University and school. L. P. Kurakov, V. L. Kurakov, A. L. Kurakov. 2004 .

See what the "PRINCIPLE OF TERRITORIAL INTEGRITY OF STATES" is in other dictionaries:

PRINCIPLE OF TERRITORIAL INTEGRITY OF STATES- a generally recognized principle of modern international law. Sometimes it is called the principle of the integrity of the state territory or the principle of the inviolability of the state territory, but their essence is one prohibition of forcible seizure, ... ... Legal Encyclopedia

TERRITORIAL INTEGRITY OF STATES PRINCIPLE- PRINCIPLE OF TERRITORIAL INTEGRITY OF STATES ... Legal Encyclopedia

- (see PRINCIPLE OF TERRITORIAL INTEGRITY OF STATES) ...

Law Dictionary

territorial integrity of states principle- one of the fundamental principles of international law, designed to ensure stability in interstate relations. The essence of this principle, established with the adoption of the UN Charter in 1945, is the protection of the territory of the state from ... ... Big Law Dictionary

territorial integrity- the principle of states is one of the fundamental principles of international law, designed to ensure stability in interstate relations. The essence of this principle, established with the adoption of the UN Charter in 1945, is the defense of the territory ... Big Law Dictionary

PRINCIPLE OF INVIOLABILITY OF THE STATE BORDER- a generally recognized principle of international law that prohibits any unilateral change in the boundary line on the ground, and so on. crossing the border in violation of the relevant international agreements and internal rules of states. Installed... ... Legal Encyclopedia

The generally recognized principle of international law, which prohibits any unilateral change in the boundary line on the ground, as well as. crossing the border in violation of relevant international agreements and internal rules of states. Installed... ... Encyclopedic Dictionary of Economics and Law

THE PRINCIPLE OF RESPECT FOR STATE SOVEREIGNTY- a generally recognized principle of international law, which includes the recognition and respect for the political independence of the state, its territorial supremacy and territorial integrity, equality with other states, the right to freely ... ... Legal Encyclopedia

The principle of the territorial integrity of states is enshrined in n. 4 tbsp. 2 of the Charter of the PLO. According to this principle, states must respect each other's territorial integrity and refrain from any action inconsistent with the purposes and principles of the UN Charter.

States are also obliged to refrain from making each other's territory an object of occupation or measures of the use of force in violation of the MP. No occupation or acquisition of territory is thus recognized as legal.

Building their relations as friendly, states must refrain from military, political, economic or any other form of pressure, including blockade, as well as support and use of separatism against territorial integrity and inviolability, as well as political independence.

No State may use or encourage the use of economic, political or other measures to compel another State to subordinate the exercise of its sovereign rights or to obtain any advantage from it. All states must also refrain from organizing, assisting, creating, financing, encouraging or allowing armed, subversive or terrorist activities aimed at changing the order of another state through violence, as well as from interfering in the internal struggle in another state. Strict adherence to these obligations is essential important condition to ensure the peaceful coexistence of nations, since the practice of interference in any form not only constitutes a violation of the spirit and letter of the PLO Charter, but also leads to the creation of situations that threaten international peace and security.

As emphasized in the Final Act of the CSCE, states must respect each other's territorial integrity. They must refrain from any attempt to violate these boundaries. Member States will likewise refrain from making each other's territory the object of military occupation or other direct or indirect use of force in contravention of the MP, or the object of acquisition by such measures or the threat of them. No occupation or acquisition of this kind will be recognized as legal.

At present there is a contradiction between the principle of the territorial integrity of states and the right of peoples to self-determination.

By virtue of the principle of equal rights and self-determination of peoples, enshrined in the UN Charter, all peoples have the right to freely determine their political status and pursue their economic, social and cultural development without outside interference, and each state is obliged to respect this right in accordance with the provisions of the Charter.

Creation of a sovereign and independent state, free accession to independent state or association with it, or the establishment of any other political status freely determined by the people, are forms of the exercise by this people of the right to self-determination.

Every state has an obligation to refrain from any violent action depriving the peoples referred to above of their right to self-determination, freedom and independence. In their measures against and resistance to such acts of violence, these peoples, in exercising their right to self-determination, are entitled to seek and receive support in accordance with the purposes and principles of the Charter.

Each State is under an obligation to promote the self-determination of the peoples in accordance with the provisions of the Charter and to assist the PLO in fulfilling the duties entrusted to it by the Charter with regard to the implementation of this principle, in order to:

• a) promote friendly relations and cooperation between states and
• b) to put an end to colonialism, with due respect for the freely expressed will of the peoples concerned, and bearing in mind that the subjection of peoples to foreign yoke, domination and exploitation is a violation of this principle, as well as a denial of fundamental human rights, and is contrary to the UN Charter .

The territory of a colony or other Non-Self-Governing Territory shall have, under the Charter, a status separate and distinct from that of the territory of the State administering it, such separate and distinct status under the Charter, until such time as the people of that colony or non-self-governing territory have exercised their right to self-determination in accordance with the Charter, and in particular in accordance with its purposes and principles.

Each state must refrain from any action aimed at the partial or complete violation of the national unity and territorial integrity of any other state or country. At the same time, we are seeing the application of "double standards" in relation to the right to self-determination. As N. B. Pastukhova notes, “the collapse of the USSR and the transformation of the former Soviet republics into new subjects of international law were carried out in such a way that the peoples gravitating towards Russia were deliberately deprived of the right to choose. Yugoslavia experienced the same. To hastily recognize the dismemberment of Yugoslavia , however, like the decay Soviet Union(the founding states of the UN and participants in the Helsinki Act), the provisions "on the right of nations to self-determination" and "on the peaceful change of frontiers" were applied. But the territories of Ukraine, Georgia, Moldova, Bosnia and Herzegovina, Croatia are declared not subject to change. Their borders, previously internal administrative ones, were proclaimed international and inviolable on the basis of the same Act (the principle of inviolability of borders was used). "A vivid illustration of this principle is the position of Western states in relation to Abkhazia and South Ossetia.

The principle of the inviolability of state borders was first formulated in the Treaty between the USSR and the FRG of August 12, 1970, and then in the agreements between the PPR, the GDR and Czechoslovakia with the FRG. The principle of the inviolability of state borders is one of the most important foundations for the security of European states. The inviolability of borders has become a norm of international law, legally binding on the states-participants of the said treaties. The main content of the principle of inviolability of borders is expressed:

1. in recognizing existing borders as legally established in accordance with international law;

2. renounce any territorial claims to this moment or in the future;

3. to refrain from any other encroachment on these boundaries, including the threat or use of force.

The principle of inviolability of state borders correlates with the principle of inviolability of state borders.

The principle of inviolability of state borders means:

1. the obligation of states to observe the existing line of the state border on the ground: to prevent arbitrary movement of the border line on the ground;

2. the right of states to prevent crossing their state border without appropriate permission or outside the established rules.

The principle of inviolability of borders and the principle of inviolability of borders differ in the geographical scope of their application. The principle of inviolability of borders, according to the Final Act of the CSCE of 1975, is valid only in the relations of the states - participants of this act, i.e. European states, as well as the USA and Canada. The principle of inviolability of frontiers has a wider scope, since it is a principle of general international law and is valid on all continents, whether or not there are special agreements on this issue. Taking into account the importance of the inviolability of state borders for peaceful cooperation, international law pays serious attention to ensuring it. Vienna Convention on Law international treaties 1969 provides limited opportunity termination of the contract in the event of a fundamental change in the circumstances that take place at its conclusion. At the same time, it has been established that a change in circumstances cannot be invoked if the treaty establishes a boundary Vienna Convention on the Law of Treaties of 23.05.1969. paragraph 2 of Art. 62.

The principle of territorial integrity of states

The main purpose of the principle of territorial integrity is expressed in the protection of the territory of the state from any encroachment.

The UN Charter prohibited the threat or use of force against the territorial integrity and political independence of any state.

The significance of this principle is very great in terms of stability in interstate relations and means the obligation of states to refrain from any actions aimed at violating the national unity and territorial integrity of any other state or country.

The territory of a state should not be the object of military occupation and should not be the object of acquisition by another state, therefore, any territorial acquisitions resulting from the threat or use of force should not be recognized as legal.

States, obliging themselves to respect the territorial integrity of each other (territorial integrity is the unity of the territory to which the sovereignty of the state extends), must refrain from any action against the territorial integrity or inviolability that is incompatible with the purposes and principles of the UN Charter. For example, the transit of any vehicles through foreign territory without the permission of the territorial sovereign is a violation not only of the inviolability of borders, but also of the inviolability of the state territory, since it is this territory that is used for transit. All natural resources are constituent components the territory of the state, and if the territory as a whole is inviolable, then its components, i.e., natural resources in their natural form, are also inviolable. Therefore, their development by foreign persons or states without the permission of the territorial sovereign is also a violation of territorial integrity.

The use by a state of its territory must not damage the natural conditions of the territory of another state.

Territory should 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 will be recognized as legal.

The latter provision does not apply to the validity of treaties on territorial issues concluded after the adoption of the UN Charter. As you know, the legality of the rejection of part of the territory of the states responsible for unleashing the Second World War is recognized by the UN Charter. The UN Charter of 06/26/1945. Art. 107.

A legitimate change in the territory of a State may take place as a result of the exercise by the people of the right to self-determination. Accession to an independent state or the creation of a new independent state as a result of the free will of the people is the realization of the right to self-determination, the right to liberation from foreign oppression.

For states, nothing is more important than their territory. The territory is the living space of the population, the nation (nations), the state. This is the number one value in the hierarchy of social values ​​and state interests. It is precisely the seizure of foreign ("no man's") lands, the expansion of one's own living space, the plunder of "overseas territories" - all this has been one of the main functions of states for centuries, especially states of the Western civilizational type.

According to its composition, the state territory is divided into land, water, air, subsoil. For some parts of the territory, special international legal regimes are possible - on the basis of an international treaty.

It is clear that there will be peace and order on Earth only if the inviolability of the state territory is ensured, territorial sovereignty. An encroachment on territorial integrity provides a basis for the use of force in self-defense, for the inclusion of collective security mechanisms.

It seems that the Russian military and foreign policy doctrines should proceed from the fact that the territorial integrity of Russia is the highest value to be protected at any cost, up to preventive use against external forces threatening the integrity of Russia, nuclear weapons. The Constitution of Russia has a provision (Article 4): “ Russian Federation ensures the integrity and inviolability of its territory”.

Principle territorial integrity states can be considered as a kind of continuation of the principle non-use of force. The UN Charter (Article 2, paragraph 4) states that states must refrain from the threat or use of force “against territorial integrity" any state. Territorial integrity is the basis political independence Therefore, these two concepts often go together. Concept territorial integrity was developed during the period of national liberation movements in the middle of the 20th century and later.

The concept of "territorial integrity" is broader than the concept of "territorial integrity". If a foreign aircraft intrudes into the airspace of the country, there is a violation of the territorial immunity, but not integrity.

The content of this principle helps to reveal the Declaration on the principles of MP (1970). It states: “... 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. The territory of the state should not be the object of military occupation resulting from the use of force in violation of the provisions of the Charter (meaning the UN Charter). ... Each state must refrain from any action aimed at the partial or complete violation of the national unity and territorial integrity of any other state or country.

The progressive development of the principle continued in the text of the Declaration of Principles (Article IV), included in the Final Act of the 1975 Conference on Security and Cooperation in Europe.

In 1998, in view of the increasing violations of the MP, the UN General Assembly adopted a resolution “Maintaining international security- prevention of violent dismemberment of states”. The resolution reaffirmed the need to observe the principles of the territorial integrity of each state and the inviolability of international borders.

When it comes to territorial integrity and inviolability, we also mean the territory of military bases located abroad under an agreement with the host country, the territory of diplomatic and consular missions, military and commercial ships and aircraft. Encroachment on them is tantamount to a violation of this principle of MP.

The principle of territorial integrity and inviolability also implies the obligation of states to prevent the use of their territory for the implementation of any actions that infringe the rights of other states.

Examples of Violations by States principles of territorial integrity and inviolability numerous. In the late 90s of the 20th and early 21st centuries, the Georgian authorities allowed the existence of bases of armed bandits and terrorists on their territory, who made attacks against the neighboring regions of Russia. Thus, the territorial integrity was threatened and the territorial integrity of Russia was violated. For this reason, the reaction of the Russian authorities, who warned about the possibility of bombardment of these bases, was quite justified.

The inviolability of the territory means the inviolability of its natural resources, as well as natural conditions existing in this territory. Thus, one of the justifications for the Iraqi armed forces' invasion of Kuwait in 1990 was the accusation of Kuwait that it was pumping more oil from the oil sea in a common field than was provided for by its quota. In other words, the attack on the subsoil was taken as sufficient reason for war.

In November 2005, a Russian military aircraft, having lost its bearings and lost its course, entered the airspace of Latvia and crashed on the territory of this country; the pilot ejected. In this case, a violation of territorial integrity was also stated. As a result of the investigation, it turned out that there was no intention to violate the airspace of Latvia. The pilot returned to his homeland, the remains of the aircraft were returned to Russia, and Russia paid appropriate compensation to compensate for the damage caused.

In some cases, a lawful violation of the territorial integrity of states is possible - for example, as responsibility for the aggression committed. So, after the Second World War, a special legal regime was established to govern West Berlin and Germany as a whole.

Legitimate territorial changes are possible under an agreement between states and with the consent of the population. Annexation, “effective occupation”, acquisition of territory “by prescription”, contractual and non-contractual cessions (cessions of territory), as a rule, are illegal in most cases.

All colonial seizures made by the European states and the USA were illegal. In 1960, at the initiative of the USSR, the UN General Assembly adopted the Declaration on the Granting of Independence to Colonial Countries and Peoples. Colonialism has legally become an international crime. The former colonies were given the opportunity to exercise their right to self-determination in various forms: the creation of a sovereign state, the free accession to an independent state (or association with it), the establishment of any other political status freely determined by the people.

Developed (Western) states tried different ways to leave the colonies within its sphere of influence, to change the overt forms of exploitation into more veiled ones. This process has been named neo-colonialism.

However, formally most of the colonies became independent states. Relatively recently, for example, the former colony of South Africa, Namibia, gained independence (since 1990). At the same time, a number of colonial territories remained under various pretexts as part of the former metropolises. So, for example, the French colony in the Indian Ocean - the island of Reunion - became the "overseas department" of France. "Overseas territories of France" began to be considered the islands of New Caledonia in the southwestern part of Pacific Ocean, several archipelagos in the eastern Pacific - "French Polynesia"; Guadeloupe - in the Caribbean; Martinique.

The US colony in the eastern Pacific Ocean from several strategically important islands - Eastern Samoa - turned into the possession of the United States (American Samoa) with local self-government. The following territories can also be attributed to such post-colonial possessions: Norfolk Island in the South Pacific Ocean (Australian possession); the island of Aruba in the southern part of the Caribbean Sea (possession of the Netherlands); Pitcairn Island in the South East Pacific Ocean, Saint Helena Island in the South Atlantic Ocean and many other islands around the world (UK possessions).

Should the principle of territorial integrity and inviolability apply to these possessions? Big question.