Глава-II. Economic sanctions as a measure of the responsibility for offences




EXPORT EMBARGO.

 

The legal problems of the sanctions, as we saw above, have involved(attracted) from the very beginning of formation(training) a UN most serious attention of its(her) bodies both various international conferences and commissions. The commission of blockade recommended to prepare, and from time to time to revise the list of the goods of military significance, defining(determining) thus ýâåíòóàëüíóþ area of application of economic sanctions.

The economic sanctions can accept the double form: the form of prohibition of export in country - àãðåññîðà of the raw goods have mainly military significance, and form of prohibition of import from this country. The most effective form of economic sanctions is the complete blockade of this country both on import, and on экспорту1. Before that how to disassemble a question on efficiency of application of the sanctions, it is necessary even in brief features to stay on a general(common) problem of significance of economic sanctions.

We shall begin our analysis from a question on embargo on the raw goods have military significance. First of all it is necessary to tell, that concept " military significance " for the raw goods rather rather. If to take only such raw material, which goes directly on manufacturing of a means of war, and in this case, considering extreme development of military industry, the list will be rather wide. It is necessary to consider(count) as such raw material not only products serving directly for manufacturing áîìá, ãðàíàò, bullets, guns and ò.ä:, such goods here concern also which are necessary for production of military planes, military courts for carriage âîéñê, let alone raw material for production of chemical means of war; at last it is necessary to consider(count) as military raw material products necessary for production of regimentals for army. All this shows, that the list of raw material have military significance, is in modern conditions rather wide. The British royal institute on international businesses in interesting work under heading of "Sanction" schedules the following list of the most important goods have military significance:

- coal and the coke - for production of steel, for power facilities(economy) and transport, and is equal indirectly for production of explosive substances and õèêàëèé;

- petroleum - for all types of transport;

- clap(cotton) - for production of explosive substances;

- wool - necessary material for various productions have and military significance;

- rubber - for various productions, mainly for electrical mechanical engineering and transport;

-глицерин - for production áåçäûìíûõ of gunpowders;

- iron ore and pig-iron - for production of arms, military equipment, railway equipment and any sort of construction;

- lead - for production of arms, and also for production of acids necessary for explosive substances;

-медь, coal, tin, êàäìèé - for production of the weapon, military equipment and electroindustry;

-никель - for a different sort of arms;

- aluminium (áîêñèòû) - for construction of planes;

- the tin - is widely used for production of explosive substances;

- platinum - for chemical preparations, in particular(personally) for want of production íèòðàòîâ;

-антимоний, ôîñôàòû, ìàãíèçèò, ìàðãàíöîâûå of ore, ìîëèáäåí, âîëüôðàì, õðîì - for metallurgy;

-асбест - for mechanical engineering, for production of the weapon;

- graphite - for production and ïëàâêè of metals;

-силитра - important element for production of explosive substances;

- sulfur - for production of explosive substances;

-мышьяк, áðîìèí, õëîðèí, phosphorus - for chemical industry and for production poisonous газов1.

It is impossible to recognize the list this comprehensive. From the indicated transfer ÿâñòâóåò, that ýâåíòóàëüíîå the embargo on exportation of raw products imposed by way of economic sanctions, inevitably mentions not only specially military production, but also production of countries working for civilians. It is very difficult to conduct a side between military and civil production. It is well-known, that during the second world(global) war a lot especially of peace productions fast was adapted to production of means of destruction. It is enough to result even simple example of canning factories fast adapted to production of shells. It is well-known, that the tractor factories can be used for production of tanks. The military significance of factories of artificial silk (i.e. product widely used for the so peace purposes, as for example ladies' linen) also widely is known. Attempt to conduct a side between military and civil production and to limit embargo only to raw material necessary for needs(requirements) of war, it is necessary to consider(count) completely hopeless. From here follows, that the economic sanctions on a line of raw embargo can be effective only in the event that the importation of raw material in country - àãðåññîðà completely or very considerably is reduced.

The important significance has and borrowing(occupying) UN a question on change òîâàðîïîòîêîâ. Uneasy to itself to present, ÷òüå) also widely it is known. Attempt to conduct a side between military and civil production and to limit embargo only to raw material necessary for needs(requirements) of war, it is necessary to consider(count) completely hopeless. From here follows, that the economic sanctions on a line of raw embargo can be effective only in the event that the importation of raw material in country - àãðåññîðà completely or very considerably is reduced.

The important significance has and borrowing(occupying) UN a question on change òîâàðîïîòîêîâ. Uneasy to itself to present, ÷òèÿ, and first of all Scandinavian countries considerably have expanded the import from "allied" countries on all not õâàòàâøèì of Germany to the raw goods, and then with large profit for themselves ïåðåïðîäàâàëè these goods of Germany. The rough growth of import of Scandinavian countries per military years was directly caused by importation for resale in Germany. Not casually Scandinavian countries have published the foreign trade statistics only after termination(ending) war. In practice now àãðåññîð, on which are applied sanctions, for example Italy, receives the scarce goods via such countries, as Germany, which is inclined to support àãðåññîðà. For struggle with this phenomenon there is only one method. This method was discussed by committee of coordination on the initiative of a French delegation maintained by a delegation USSR, but it(he) was not accepted owing to resistance rendered to it(him) by a English delegation, which did not want to limit English export and Germany. The method, offered by the French, was reduced to restriction of export of goods, on which is imposed by embargo, in countries which are not accepting sharing(participations) in the sanctions, so-called normal quantities(amounts) of average export during several last " of peace years ". While such decision not принято1.

So, economic sanctions in the form of embargo on exportation of the raw goods will quite effective in the event that they will to be applied to country requiring for importation of the foreign raw goods, all countries of the world or even by members a UN, for want of assistance of USA and if they will be accompanied by restriction of export of goods, on which is imposed by embargo, in countries which are not using of the sanctions.

For want of analysis of significance of economic sanctions and their influence on a national economy of country - àãðåññîðà, and consequently and on its(her) ability to the further development of aggression it is impossible to lose from a kind and general(common) significance of the external market for the states.

It is well-known, that the significance of modern protectionism is, that it(he) facilitates to national monopolies preservation of a more increased price level on a home market and extraction by them thus of superprofits. The advance prices on a home market can be supported only under condition of restriction of sales inside country. The exclusive excess profit is a source of cover of the losses from dumping on the external market. The monopoly prices in turn become the factor of the further narrowing of a home market, reducing demand and lowering a buying power of the broad masses, and without that taking place in conditions growing îáíèùàíèÿ. Colliding with growing narrowing of the market inside country, the monopolies are compelled to throw out the increasing quantity(amount) of products on the external market, where these monopolies collide with fierce resistance of the competitors asserting the items. It is no wonder, that for want of growing process of narrowing of a home market the external market for these countries acquires the increasing significance.

For understanding of dependence of the advanced country from export it is absolutely not enough to define(determine) the so-called export quota of this or that country. For example, though USA have the lowest of all industrial countries of the world the export quota, however this quota is extremely various in application to separate branches of facilities(economy). Íèæåïðèâîäèìûå the data show, that the export quota made in 1989 on such leading branch for ïëàíòàòîðñêèõ of staffs(states), as a clap(cotton), 54,8 % and on such leading branch for the whole facilities(economy) of USA, as automobiles, 14%. Hence, though in general(common) production of USA only 8-10 % fall on export, the importance of export for separate branches of facilities(economy) of USA is incommensurable more than these conditional figures. The data for 1989г. (in %) хлопок-54,8; табак-41,2; writing машины-40,1; медь-30,0; шмальц-33,3; lubricant масла-31,0; òèïîãðàôè÷åñêèå машины-29,2; sewing машины-28,0; agricultural машины-23,3; локомативы-20,8; автомобили-14,0) 1.

Though the general(common) export quota of industrial production of Germany makes 20-25 %, the valid significance of export for german facilities(economy) will be even more. It is enough to tell, that on production of toys, musical tools, on the point mechanics and optics the export quota of Germany makes more than 50 %, on chemistry and electronics - from 30-50 of % etc. Let's recollect, that in 1990-1991гг. From all industrial production of Germany only 20 % was consumed by(with) its(her) agriculture. On a home market any of the modern advanced countries cannot find the market, which could replace the dropping out external market. Therefore it is obvious, that the sanctions used to import from country àãðåññîðà, should result in most serious shocks in a national economy of this country. By losing export, this country will fail to find of sufficient replacement on the home market. It means curtailing production, growth of unemployment, increase of crisis in an agriculture. The importance of these sanctions is increased, certainly, depending on a share(!long) of export in internal production on major branches of facilities(economy) appropriate countries. From this point of view;!from the point of view of the sanctions of a similar sort would to the greatest degree mention such countries, as Great Britain, Germany and Japan, and in the least degree such countries, as USA and France. However, we repeat, there is no such country, which without frustration national could appear, even on time, is perfect without the external market. Is clear, that the efficiency of the sanctions in this respect depends on the marked above conditions of their application by all or majority of countries.

 

 

EMBARGO ON IMPORT

 

The economic sanctions in the form of prohibition of import from country - àãðåññîðà have by the problem deprivation of country, on which are applied sanctions, legal tenders necessary for import. The efficiency of these sanctions depends on the following circumstances: 1).îò that, in what measure the country - àãðåññîð requires import; 2).îò that, in what measure she(it) possesses other sources for payment in the form of receipts under the so-called invisible articles of a balance of payments.

The experience of the last years has shown, that the import of country can be subjected to significant reductions.

During the second world(global) war from the nomenclature of import of struggling countries the fancies have disappeared, the import of consumer goods was sharply reduced. All this occurs as a result of downturn of a scale of living, compression of a home consumption of the broad masses. Simultaneously there is some expansion of import of main kinds of raw material necessary for military production and production, connected to the militarian. Import under the articles of военно-raw significance, which production äåôèöèòíî in country especially is increased. This implies, that the countries to the greatest degree dependent on foreign import of the raw goods, in the least degree are capable to reduce import. In this connection we shall stay on the characteristic of import of such country, as Iraq in 1994, when this import is already compressed by conditions ïðåäâîåííîé of a conjuncture (we are founded(established) on the tables contained in statistics of international trade after 1994, issued a UN). Iraq on the basis of the further downturn of a scale of living of the workers has reduced and can even more reduce the import of food products, furs, even of tobacco, but she(it) cannot even more reduce import of ore, ìåäè, mineral oils, wool, silk, clap(cotton) and ëüíà. A minimum the third of present iraq import should be saved for want of sharpest reduction of importation in Iraq. Uneasy to itself to present, that in these conditions the complete termination(discontinuance) of export from Iraq even for want of preservation of foreign trade at a level of one third can serious complicate a rule(situation) of country.

For valuation of the economic importance ýâåíòóàëüíîãî the applications of the sanctions to Iraq need to be taken into account specific organization âíåøíåõîçÿéñòâåííûõ of communications(connections) of this country. Having insignificant gold reserves and requiring large raw and food import, Iraq has constructed the communications(connections) with the majority of countries of the world (except USA) on áåçâàëþòíûõ accounts, on the basis of the clearing agreements. Thus import of Iraq is paid by extremely its(her) export, moreover, the import of Iraq from the given country is paid as a rule, export to the same country. This specific feature âíåøíåõîçÿéñòâåííûõ of communications(connections) of Iraq hinders transferring its(her) import from one country on other. It means, that the prohibition of export from Iraq in the certain group of countries is for facilities(economy) heavy impact, as that prohibition automatically means for Iraq the termination(discontinuance) of import from this group of countries and respective import relief and all supply of iraq import and all supply iraq хозяйства1.

If we shall take Japan, the picture will be approximately same, with that only difference, that necessary import of Japan by virtue of some more greater its(her) dependence on the external market will be $much more(greater) and will make not less than halves of present import. The truth, import of a clap(cotton), which makes a third of all import of Japan, in case of application to Japan of economic sanctions would undergo to strong reduction, as the clap(cotton) this goes in the significant part on production of cotton fabrics for export. The reduction of export would result in import relief under this article. Nevertheless for want of of existing dependence of Japan on the external world we consider(count), that, evaluating necessary import of Japan in 50 % of its(her) normal import, we do not miss true.

In the same rule(situation) there is a majority of countries of the world, except for Great Britain, USA and partly of France, and also several small countries (Holland, Belgium, Switzerland), which, being the creditors of the world, have the active articles of a balance of payments in the form of receipts under the credits, given by them. These active articles can in turn limited to application of the sanctions in the form of temporary suspension of payments on debts of old standing.

Some appreciable investments abroad possess only Great Britain, USA and France. The investments of other states are rather insignificant. It is necessary also to take into account difficulty of mobilization of these capitals in case of necessity, and also aspiration separate êàïèòàëèñòîâ, engaging these investments to evade from transfer to their government.

The efficiency of prohibition of import from country - àãðåññîðà, prohibition depriving this country legal tenders, can have an effect not at once, if countries - àãðåññîðà have significant investments abroad or significant stocks of gold, which she(it) can realize(sell) and to use for payment of the import. Significant gold reserves possess first of all USA and France, and then Great Britain and small countries - Belgium, Holland both Switzerland. Germany and Italy some appreciable stocks of gold have not. The stocks these cannot be filled up with internal production of gold, as this production is distributed on other countries.

It goes without saying, that the efficiency of prohibition of import from country - àãðåññîðà depends on generality(universality) of this measure. If this measure will not be applied by the majority of countries of the world, she(it) will appear much less effective. It is known, that on the members the UN on the average is necessary approximately 88 % of world(global) trade.

The sanctions on the idea should induce àãðåññîðà to stop aggression; they should deprive of his(its) means for continuation of aggression. It is possible only in the event that the raw embargo will deprive country - àãðåññîðà of the most essential means necessary for continuation of war. The country, by which the embargo is applied, should require import raw material have paramount significance. Only in that case of economic sanctions can be effective. It means, that the efficiency of the sanctions is increased in a proportion of growing dependence of this or that country from foreign sources of raw material.

Perfectly understanding it, ýâåíòóàëüíûå àãðåññîðû, first of all Germany, and then Japan and Italy accepted intensive measures for creation of independence of the country from world(global) facilities(economy), for reception inside country of the foodstuffs and raw material necessary for management of war. Despite of these successes, it is possible definitely to tell, that there is no country, which would not depend on foreign raw import.

Determining significance in the world(global) coal market have USA, Great Britain and Germany. Despite of it is have a rather insignificant mineral industry, Poland in view of narrow capacity of a home market is also big exporter óãëÿ. The important place in the coal market is taken by(with) Russia, which export, truth, is insignificant owing to a huge home consumption.

On iron ore the world(global) manufacturers - France, Russia and USA. However production of USA hardly(with an effort) covers a home consumption, and on export nothing acts(arrives).

A determining role on world(global) õëîïêîâîì the market belongs to USA, India, Egypt and Brasil. The large manufacturer is as well China, which consumption is great.

On a wool the large manufacturers - Australia, Argentina, ÞÀÐ, New Zealand and USA. The production of USA completely is consumed by a home market, and this country is import ё rum of a wool.

In the market of aluminium the leading role belongs to USA, Germany, France, Norway, and also Canada.

On antimony the determining role belongs to China.

On àñáåñòó the world(global) manufacturers - Canada, Russia, ÞÀÐ.

On áîêñèòàì the managing role in the market is taken by(with) France, partly USA. The largest manufacturers are also Italy and Yugoslavia.

On õðîìîâîé the ore behind Russia as the large manufacturer is followed by(with) Turkey. An essential role plays also New Êàëåäîíèÿ.

On ìåäè the large manufacturer are by USA, the significant production is present also in Canada and Chile.

On ôîñôàòàì the managing role belongs Ñîåäèí ё ííûì to Staffs(states), France and Germany.

On lead the managing role belongs to Canada, Australia and Mexico. The production in Ñîåäèí ё ííûõ Staffs(states), France and Germany is significant.

On lead the managing role belongs to Canada, Australia and Mexico. The production in Ñîåäèí ё ííûõ Staffs(states) and then in Spain and Germany is significant. However, this product is present in the majority of countries.

The manganese in a fair quantity is present only in Russia and India.

Íèêåëü mainly is present in Canada. The rather significant production is present at France - In New Êàëåäîíèè.

The sulfur is present mainly in Ñîåäèí ё ííûõ Staffs(states) and Italy.

Ïèðèòû are distributed between sets of countries of the world.

Âîëüôðàì is present mainly in China and India.

Zinc - at a fair quantity of countries, including at Germany.

Êàäìèé - in USA, Mexico, Canada, Australia and in France.

Mercury - in USA, Italy and Spain.

Platinum - in Russia, and also in Colombia, Canada, ЮАР1.

From íèæåñëåäóþùåãî of transfer it is visible, as the dependence on the foreign market of separate countries on îïðåäåë ё ííûì to the goods is great.

Great Britain on a clap(cotton), antimony, àñáåñòó, áîêñèòàì, õðîìîâîé to ore, ìàãíåçèòó, manganese, mercury, ìîëèáäåíó, íèêåëþ, platinum, rubber, sulfur - complete dependence on the foreign market; on graphite, lead, petroleum, tin, âîëüôðàìó, wool, zinc - almost complete dependence.

France on õðîìó, clap(cotton), ìàãíåçèòó, íèêåëþ, rubber, tin, âîëüôðàìó - complete dependence; on ìåäè, graphite, lead, manganese, petroleum, sulfur, wool, zinc - almost complete dependence; on antimony and óãëþ - significant dependence.

Germany on áîêñèòàì, õðîìó, clap(cotton), mercury, platinum, rubber, tin, âîëüôðàìó, wool - significant dependence.

Italy on õðîìó, íèêåëþ, platinum, rubber, tin and âîëüôðàìó - complete dependence; on óãëþ, ìåäè, clap(cotton), iron, lead, manganese, petroleum, wool, zinc - almost complete dependence.

Japan on áîêñèòàì, clap(cotton), íèêåëþ, rubber, wool - complete dependence; on antimony, iron, lead, ìàãíåçèòó, mercury, petroleum, platinum, tin, âîëüôðàìó, zinc - almost complete dependence.

Poland on àíòèìîíèþ, áîêñèòàì, õðîìó, ìåäè, clap(cotton), graphite, ìàãíåçèòó, manganese, mercury, íèêåëþ, platinum, rubber, tin, âîëüôðàìó - complete dependence; on iron and wool - significant dependence.

Ñîåäèí ё ííûå Staffs(states) on antimony, íèêåëþ, rubber, tin - complete dependence; on õðîìó and manganese - significant dependence.

Of their analysis âûøåïðèâåä ё ííûõ of the data follows, that main countries have in the hands the control of major raw branches, is Great Britain, USA, Франция1.

The analysis supports all ïðèâåä ё ííûõ of the data the assumption, put forward by us,, that any country is not completely independent from world(global) facilities(economy). USA possess main sources of raw material, however and this country depends on foreign importation under such decisive articles of military import, as íèêåëü, rubber and tin. Is characteristic, what exactly these raw branches almost completely are supervised by the main contender of USA - England. On the other hand, England having in the world rather greater independence, âñ ё represents compact íàðîäíî - economic whole. Âñ ё it can result that in large war with the powerful contender, engaging strong fleet, British empire as the unity can turn to fiction. Between that Great Britain depends on world(global) facilities(economy) almost on all major raw branches, since a clap(cotton) and finishing rubber and petroleum.

Thus, despite of all àâòàðêè÷åñêèå óñòðåìëåíèÿ of countries preparing to new world(global) áîéíå, it was not possible by him(it) till now it will be not possible hereinafter îñòè÷ü of stable independence of world(global) facilities(economy). The limits àâòàðêè÷åñêèì óñòðåìëåíèÿì are fixed largely ðèðîäíûì by distribution of natural riches. The successes of a science have managed to a certain extent ìÿã÷èòü this natural division of labour. So, already there is a synthetic petroleum, rubber and apparently synthetic clap(cotton). However seller's price of these productions a synthetic clap(cotton). However seller's price of these productions in the world åù ё does not allow completely to replace natural kinds of raw material synthetic. Furthermore(in addition to) and the modern science åù ё has not reached complete replacement of all kinds of raw material artificial or substitutes. As far as it is known, åù ё the replacements for example such colour metals, as tin and íèêåëü have not found to themselves.

Taking into account these circumstances, ýâåíòóàëüíûå àãðåññîðû go not only on a line of expansion of internal production of scarce kinds of raw material and experimental ïîñòàíîâêè÷åñêèé a clap(cotton). However seller's price of these productions in the world åù ё does not allow completely to replace natural kinds ñû

Ðüÿ synthetic. Furthermore(in addition to) and the modern science åù ё has not reached complete replacement all

Х kinds of raw material artificial or substitutes. As far as it is known, åù ё the replacements for example such colour metals, as tin and íèêåëü have not found to themselves.

Taking into account these circumstances, ýâåíòóàëüíûå àãðåññîðû go not only on a line of expansion of internal production of scarce kinds of raw material and experimental ïîñòàíîâêáùåíèé. Opposite(on the contrary), such countries, as Italy, Japan and Germany, in view of availability in these countries of the powerful productive device for want of of poverty by natural raw resources would be essentially constrained in the actions by application of embargo on main kinds of raw material.

For want of application of embargo on raw products it is necessary to take into account, first, generality(universality) of a used measure and, secondly, availability in country of stocks of raw material. The members a UN, as ÿâñòâóåò from the analysis of the mentioned above data, supervise from major kinds of raw material only tin, íèêåëü and rubber. But already without USA and Egypt it is impossible with complete efficiency to apply economic sanctions on a clap(cotton); without USA it is impossible to use sanctions on petroleum, ìåäü and sulfur; without Germany and partly USA (though here production óãëÿ in main is consumed inside country) it is impossible to apply embargo on a corner; without USA and Germany it is impossible to apply embargo on iron, steel, zinc and lead; without USA and Italy it is impossible to apply embargo on mercury.

Thus, the main role of USA and significant role of Germany in the market of the major raw goods is ñåðü ё çíûì an obstacle for effective application of economic sanctions a UN.

The question on stocks of raw material has essential significance: if for example on petroleum it is difficult because of necessity to have extremely îáú ё ìíûå of storehouse to create stocks more, than on some months, already on ores iron and manganous, on colour metals etc. it is possible to prepare stocks on some years. It weakens significance of economic sanctions, which in this case can only complicate long and " large war " for country - àãðåññîðà, but cannot prevent military actions àãðåññîðà in the first time.

Summarizing all told, the rather effective means in a case is possible to come to a conclusion, that economic sanctions in the form of prohibition of import from country - àãðåññîðà -:

1). If the structure of import of the given country is those, that the significant share(!long) it(him) is taken by(with) raw products, which importation almost can not be ñîêðàù ё í;

2). If the structure of the payment ё æíîãî of balance of this country is those, that she(it) does not possess instead of dropping out export of the significant payment ё æíûìè means under the invisible articles;

3). If this country does not possess significant stocks of gold and precious metals and does not extract at itself;

4). If she(it) does not possess abroad easily sold investments;

5). If in import of this country the significant sharing(participation) is accepted by(with) countries which are applying sanctions.

Ïðèâåä ё ííûé the analysis is higher proceeds from that rule(situation), that all members a UN participate in the sanctions.

2.3. Additional kinds of economic sanctions

 

The sanctions are compulsory measures used to the state - infringer. They can be applied by international organizations (universal and regional), group of the states or separate of государствами1.

The sanctions for an encroachment on the international world and safety are stipulated in an item 39, 41 and 42 Charters a UN.

The sanctions as the form of compulsion are applied only in case of fulfilment of a heavy international crime. It is impossible to consider(count) application of the sanctions in other cases lawful, for, in essence, the sanctions are reaction to deliberate fulfilment of illegal actions or deliberate causing âðåäà. For the second world(global) war to the states - àãðåññîðàì were applied the political and economic form of the sanctions. So, after unconditional êàïèòóëÿöèè ãèòëåðîâñêîé of Germany according to the Declaration from June 5, 1945 allied äåðæàâû have undertaken functions of a supreme authority, have carried out its(her) disarmament and äåìèëèòàðèçàöèþ, liquidated and have forbidden íàöèñòñêèå of organization. In Germany was established(installed) îêêóïàöèîííûé a mode.

The economic sanctions are applied in case of infringement by the state of the international obligations connected to causing of a material loss or for the sertificates(acts) of aggression. She(it) can be expressed in the form of an export embargo, embargo on import, complete embargo, and also reparations, restitutions, ðåïðåññàëèé and ñóáñòèòóöèé.

The reparations - represent reimbursement of a material loss in money terms, goods, services. Volume and kind of reparations, as a rule, are applied on the basis of the international agreements. The sum of reparations. Usually, is significant less than volume of damage caused by war. For example. Under the decision of a Crimean conference of a 1945 of a reparation from Germany have made only 20 ìëðä. Dollars. The agreement on the termination(discontinuance) of war and restoration of the world in Vietnam from January 27, 1973 obliged USA only to introduce " the contribution in çàâëå÷åíèå of wounds of war and ïîñëåâîåííîå construction of Democratic Republic Vietnam and all Indochina " 1.

Restitution - this return in a nature of property wrongfully withdrawed and exported by the struggling state from territory of the opponent. For example, according to the Peace agreement between allied äåðæàâàìè and Italy from February 10, 1947 Italy has undertaken to return " in possible the shortest term the property exported from territory any Incorporated Nations " 2.

Object of a restitution can be also returning of the wrongfully seized or wrongfully delayed property in peace time, that is outside of communication(connection) with military actions.

A version of a restitution is ñóáñòèòóöèÿ. She(it) represents replacement of the wrongfully destroyed or damaged property, buildings, art values, personal property etc.

Ðåïðåññàëèè (unaided) are lawful compulsory actions of one state against other state. Ðåïðåññàëèè are applied by one state in reply to wrongful actions of other state with the purpose of restoration of the infringed right. They should be proportionate to the caused damage and that compulsion. Which is necessary for reception of satisfaction.

Ðåïðåññàëèè can be expressed in a complete or partial break of the economic attitudes(relations), railway, marine, air, mail, telegraphic, radio or other messages, and also in break of the diplomatic, trade and economic attitudes(relations), embargo on importation of the goods and raw material from territory of the state - infringer etc.

Ðåïðåññàëèè should be terminated on receipt of satisfaction. The modern international law forbids armed ðåïðåññàëèè as a means of the resolution of disputes and разногласий1.

In the international law to reimbursement is subject the valid material loss (direct and indirect). The missed profit is not usually reimbursed.

It is exclusively(extreme) on the basis of the agreements there is such version of the economic responsibility, as absolute. Or objective, responsibility. The speech in this case goes about the responsibility arising without dependence from fault ïðè÷èíèòåëÿ of damage, that is for damage caused during lawful activity.

It is necessary to the affected party to provick only direct ïðè÷èííóþ communication(connection) between action (inactivity) and ущербом1.

There is a concept of contractual restriction of the absolute liability on the sum which is being a subject to reimbursement. In the agreement the limiting maximum sum of indemnification which is being a subject to payment to the affected party almost always is underlined. For example, the maximum sum of reimbursement is stipulated under the Convention on reimbursement âðåäà, caused by a foreign air vessel to the third persons on a surface, 1952 " as a result of fall of an air vessel " 2.

In these cases the affected party cannot apply for reception of the sum exceeding an established(installed) limit, even if the actual damage exceeds this sum. At the same time the maximum limit is paid not automatically: if the sum of the proved damage is lower than this maximum, the affected party can apply for reception only her(it).

The contractual restriction of the responsibility on the sum represents some kind of protectionism in relation to use of engineering being a source of increased danger, but necessary in interests of the people (aircraft, atomic engineering etc.). In this case there is a distribution of burden of the losses arising as a result of damage, between the dissatisfied party and ýêñïëóàòàíòîì of a source of damage.

The contractual establishment of the absolute responsibility guarantees reimbursement of damage suffering even in the event that ïðè÷èíèòåëü of damage refers that all his(its) actions were not infringement of the right.

 

 

The conclusion.

The problems of application of the international sanctions are specific, are rather complex(difficult) and ìíîãîãðàííû. The progressive development and êîäèôèêàöèÿ of norms and principles of the responsibility in the international law requires(demands) the analysis and coordination of many questions, each of which should be considered and ó÷ò ё í so that correctly and full to reflect changes in this area of the international law, which have taken place in the last time.

The correct reflection of these changes is law of development of the modern international law. The necessity of special research of problems êîäèôèêàöèè both progressive development of norms and principles of ìåæäóíàðîäíî-deterrents of law is dictated by the increased role of the international law as a legal basis of the international attitudes(relations), increase of his(its) efficiency in business of consolidation of the world and safety, in the decision of major problems of a civilization.

At the present stage existence of the independent sovereign states the international attitudes(relations) are displayed as ìåæäóíàðîäíî-legal, basing on the legally fixed principles and norms of behaviour of the states. The functions of the international law consist in normative fastening of the rights about the responsibilities of the states arising during their dialogue. The international law should be considered in quality íàäñòðîå÷íîé of a category not above one international economic attitudes(relations), and above the international attitudes(relations) in a broad sense, covering all set of the attitudes(relations) between the states and peoples. Scientifically reasonable use of the ìåæäóíàðîäíî-rules of law and principles enables not only actively to influence the international attitudes(relations), but also largely to direct their course.

Into a problem of the international law enters not only establishment of the rules of behaviour of the states in this or that area of their international activity, but also development(manufacture) of norms and principles guaranteeing observance of these rules. One of major and tested ìåæäóíàðîäíî of legal tools in this business is the principle of the international responsibility of the states and other subjects of the international law for infringement of their international obligations, and also for harmful consequences for want of of lawful activity in separate spheres of interstate cooperation.

The development of the international law represents integrally interconnected process of an establishment and modernization both rules of behaviour of the states, and norms and principles ensuring their observance, including application of international economic sanctions. However now of this unity is not observed. In development of norms and principles of the international sanctions in the international law the blank was formed. Norms and principles of the ìåæäóíàðîäíî-legal responsibility of the states not êîäèôèöèðîâàíû, though such necessity has ripened already for a long time. To fill in this blank an essential problem of the modern international law. It is possible without exaggeration to tell, that êîäèôèêàöèÿ and the progressive development of norms and principles of application of the sanctions can serve as the important condition hereinafter progressive development of the international law as a whole.

To the states is not indifferent, in what direction, by what criteria and in what volume will êîäèôèöèðîâàíû and was progressively be advanced norm and principles of application of the international sanctions. On the correct decision of these questions depends, what influence these norms and the principles will render on ñóäüáû of the world, on the decision of problems of interstate cooperation, on the further progress of mankind.

The bibliography:

I. the Managing literature:

1. Êàðèìîâ È.À. Our purpose: a free and prospering native land. "Ò" -1996. Ò-2.

2. Êàðèìîâ È.À. On a way of creation. "Ò" -1996. Ò-4.

3. Performance(statement) of the President of a Republic of Uzbekistan on special solemn meeting of General Assembly a UN in a case of the fiftieth anniversary of the Incorporated Nations, October 24, 1995.

4. Performance(statement) of the President of a Republic of Uzbekistan Èñëàìà Êàðèìîâà on Tashkent meeting - seminar on safety and cooperation in Central Asia. Tashkent, September 15, 1995.

5. Performance(statement) of the President of a Republic of Uzbekistan on

48-th sessions of General Assembly a UN. New York,

28-September, 1993.

6. Performance(statement) of the President of a Republic of Uzbekistan È.À. Êàðèìîâà at a Budapest meeting ÑÁÑÅ in âåðõàõ. December, 1994.

 

II. Normative bases:

1. Charter a UN from a 1945.

2. Convention on the international responsibility for damage caused by space objects from a 1972.

3. Agreement for principles of activity of the states on research and use of space space, including the Moon and other heavenly bodies from a 1967.

4. Geneva convention on protection of victims of war against a 1949.

5. International convention concerning interference in the high sea in case of failures presenting(causing) to pollution by petroleum from a 1969.

6. Convention a UN under the maritime law from a 1988.

 

III. Manuals:

1. Ëåâèí Ä.Б. The responsibility of the states in the modern international law. "Ì" -1966.

2. Êóðèñ Ï.Ì. International offences and responsibility of the states. "В" -1973.

3. Êîëîñîâ Þ.Ì. The responsibility in the international law. "Ì" -1975.

4. Âàñèëåíêî Â.À. The responsibility of the states for international offences. "К" -1976.

5. Øóðøàëîâ. Â.Ì. International ïðàâîîòíîøåíèÿ.

"Ì" -1971.

6. Ôàðóêøèí Ì.Õ. The ìåæäóíàðîäíî-legal responsibility. "Ì" -1971.

7. Áîðèñîâ Ä. of the Sanction. "Л" -1936.

8. International law. "Ì" -1987.

9. Dictionary of the international law. "Ì" -1982.

10. International law. "Ì" -1995.

IY. The literature in foreign language:

1. Oppenheim L. International Law. "B" -1973.

2. Starke J. An Intrduction to International Law. "L" -1978.

3. Verdross A. Voelkerrecht. "B" -1986.

4. Colbert E.S. Retaliation in International Law. " N.Y. "-1948.

5. Brierly J. The law of Nations. "L" -1987.

6. Annuaire de la Commission du droit international. "P" -1970.

 

Y. The journal and newspaper articles:

1. Хал = сызи. October 27, 1995.

2. Ызбекистон овози. September 16, 1995.

3. Soviet year-book of the international law 1960.

"Ì" -1961., Стр-101.

4. Soviet state and right. 1969., № 12., Стр-122.

5. New time. 1967., № 24., Стр-6.

 

1 Look more in detail. Performance(statement) of the President of a Republic of Uzbekistan on special solemn meeting of General Assembly a UN in a case of the fiftieth anniversary of the Incorporated Nations, October 24, 1995. Performance(statement) of the President of a Republic of Uzbekistan Ислама Каримова on Tashkent meeting - seminar on safety and cooperation in Central Asia, September 15 1995г. Performance(statement) of the President of a Republic of Uzbekistan on 48-th session of General Assembly a UN. New York, 28-September 1993г. Performance(statement) of the President of a Republic of Uzbekistan И.А. Каримова at a Budapest meeting СБСЕ in верхах. December, 1994.

1 See. In the book Â.À. Âàñèëåíêî «the Responsibility of the state for international offences » these offences are named ðåãóëÿòèâíî îõðàíèòåëüíûìè.

2 See. Annuaire de la Commission du druit international 1969. «N.Y.» 1970, Vol. 1., P.117.

1 See. The report of a Commission of the international law on work å ё of the twenty fifth session (May 7 on July -13, 1973). - dock. A UN А\9010, 23 июня1973г., page 30.

1 See. The report of a Commission of the international law on work å ё of the twenty fifth session, page 20.

1 See. The report of a Commission of the international law on work of the twenty fifth session, page 26.

1 See. Левин Д.Б. Urgent problems of the theory of the international law. «М» - 1974, page 102.

1 See. The international law. «Ì» -1987. Page 169.

1 See «International life ». 1993., № 2., Page 37.

1 See. The international Convention concerning interference in the high sea in case of failures presenting(causing) to pollution by the petroleum Ст.1.

1 See. The conventions on the international responsibility for damage, reasons ё ííûé by space objects Ст.2.

1 See. The dictionary of the international law. «М» -1986. Page 308.

1 See. Ïîëòîðàê À.È. Nuremberg process. «Ì» -1977. Page 144.

1 See. Oppenheim L., International Law, vol. II, pp.202-203.

1 See. Starke L. An Intrduction Law, vol. II, pp.202-203.

1 See «a Rate of the international law », ò. II, page 123.

1 See. Øàðìàçàíàøâèëè Ã.Â. From the right of war to the right of the world, page 66.

1 See «Institut de droit international. Tableau qenerale des resolutions (1873-1956)», Bale » -1978, p.168.

1 See «the Soviet state and right », 1964, № 4., page 94 and trace.

2 See. Starke L. An Intrduction Law, vol. II, pp.344-345.

1 See «General Assembly. The official reports. The ninth session », Addition № 9, page 11.

1 See. Áîðèñîâ Ä. of the Sanction. Page 45.

1 See. Cанкции. "L" -1994 Cтр.34-35.

1 See. Борисов Д. of the Sanction. Page 55.

1 See "American Journal of International Law", vol.50, 1996, № 3, p.530.

1 See " International life ", 1995., № 2., page 14.

1 See " a statistical Year-book of the Incorporated Nations " for 1990-1995гг.

1 See " a statistical Year-book of the Incorporated Nations " for 1990-1995гг.

1 See. The international law. "Ì" -1987. Page 175.

1 See. The agreement on the termination(discontinuance) of war and restoration of the world in Vietnam from January 27, 1973. Ст.21.

2 See. The peace agreement between allied äåðæàâàìè and Italy from February 10, 1947. Ст.75.

1 See. The charter a UN from Ст.2. Item 3.

1 See. The international law. "Ì" -1995. Page 261.

2 See. The convention on reimbursement âðåäà, caused by a foreign air vessel to the third persons on a surface from Ст.49.



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