Additional kinds of economic 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.

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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.

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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.