Foreign policy is an integral part of the activities of each state. In order to reach an agreement between them, as well as for the optimal regulation of national law, special provisions have been developed that are mandatory for each country. The basic principles of international law are the main basis for successful diplomacy.
Goals for an international regulatory framework
Today, any declaration, protocol, regulation concluded between states pursues a single goal - to create such conditions in accordance with which justice, respect for human rights and freedoms, respect for the status of each citizen will be realized.
The secondary goals that are shown by the laws of international law are the direct motivation of countries. As you know, in the world there is no codified source of national standards that would, to one degree or another, reflect the interests of each person. That is why the basic principles of international law are reflected in conventions, declarations, agreements and many other treaties formally agreed between two or more countries.
The reason for concluding a normative act at the interstate level may be the personal goals and benefits of each country. So, for example, thanks to the authorities it is possible to agree on joint cooperation in the field of scientific research, in the agricultural sector, in the provision of military support to each other, and so on.
Compliance of international norms with national law
Of course, the general legislative framework of all countries cannot exist in an abstract form. That is why the basic principles of international law are influenced by the policies of each state. The reverse side of the coin suggests that international acts also have an impact on ongoing government programs. Thus, the two most complex institutions function in close interconnection, exerting a significant influence on each other.
Since public relations of subjects of world politics is a subject of international law, it is important to take into account the mentality and culture of each nationality in the formation of national standards. Moreover, it is important to exert sufficient influence on the formation of the legal culture of citizens, as well as to influence the legal awareness of the population. International law provides many methods and means to achieve the objectives, for example, the priority of the norms of this system over national legislation.
The function of international law
The main means of achieving the objectives are the following functions, which are designed to fulfill international standards:
- Normative. To date, the most important function of national law is the creation and promulgation of articles, provisions and norms. The peculiarity of such a system, different from national legislation, is the absence of a single codified act. Also in the world there is no body authorized to develop and approve standards. Thus, the basis for the creation of articles are forms of international law: resolutions - the most popular type of treaty; agreement; conventions between two or more countries; declarations and so on. The list of regulations does not end there.
- Regulatory. The norms of international law are called upon to regulate relations between the subjects of world politics - states.In order to reach an agreement peacefully, it is necessary to establish a legal “framework” that will help solve the problem without resorting to violence.
- Coordination. The subject of international law indicates that the parties in the form of legal relations are states represented by authorized bodies and persons. And each country is characterized by a distinctive policy based on a self-created legislative framework. In order to exclude the occurrence of contradictions between national laws and international law, coordinating provisions are established that contribute to the successful development of each state.
The system of "world norms"
Types of international law are a clearly structured system, even if not codified, that looks like this:
- The generally recognized principles that are proclaimed by individual states, and then approved by international organizations.
- Norms of national law.
- The decision of official international organizations.
- Decisions of recognized judicial bodies of world significance.
- General institution of international law in general.
As in any branch of law, the smallest structural unit is the norm. The norm refers to a clearly established rule of behavior, which was recognized by the subjects of world politics - states. After the recognition of the article of the law, the norm automatically becomes legally significant, as well as binding.
The most striking “mirrors” of norms are the basic principles of international law, each of which is worth telling in more detail.
Sovereign equality of states
This provision is among the first articles of the Charter of the United Nations. Sovereign equality indicates that within a clearly defined territory, authorities are entitled to independently carry out legislative, judicial, and executive activities. Intervention by other countries is not permissible. Moreover, this provision directly relates to the implementation of foreign policy programs.
In one principle of sovereignty, numerous elements are collected, for example, such as:
- legal equality of all participants in international relations;
- the use of sovereignty rules by each country;
- respect for the personality of each state;
- integrity, independence, inviolability;
- good faith compliance with international obligations, as well as peaceful coexistence with neighboring countries.
The list of structural elements at this point does not end, since the principle of sovereignty is the basis for the development of many other principles.
Non-use of force
International criminal law affects not only the formation of the national criminal law of each state, but also regulates such a sphere at a general level. So, the states - participants of international relations - should exclude the threat of force to other states in direct or indirect form.
The principle of non-use of force proclaims the elimination of any violent threat, capture and other negative impact. International criminal law is designed to preserve not only the interests of the individual, but also the rights of states as a whole. However, there are always exceptions to each rule. So, for example, there are a number of provisions enshrined in the UN Charter, which allow the law to forcefully influence the state.
Inviolability of state borders
The content and meaning of this rule of international law are reflected in three constituent elements:
- Recognition of the territory and borders of each existing state.
- Refusal to make any claims both at the moment and in the future tense.
- The absence of violent attacks on the borders of another state, including violent seizure.
Today, the inviolability of state borders closely competes in another norm that characterizes international civil law - the principle of self-determination of peoples. The provision at number 2 suggests that any people of their own free will can leave the state by implementing their own program of development, cultural integrity and so on. Practical activities to implement this rule indicate that the state does not carry out border changes in accordance with this basis, since such actions contradict the principle of inviolability of borders, as well as the law on territorial integrity.
Territorial integrity
The principle of territorial integrity indicates the inadmissibility of actions aimed at the destruction of national and national unity. Moreover, this provision concerns the protection of not only the internal state culture of citizens, but, like many other articles, prohibits any encroachment or violent actions directed to the territory.
Many scholars believe that the elements of this rule are not only countries directly implementing acts of a violent nature, but also those states that provide or are ready to assist in illegal assault.
Non-interference in internal affairs
Even if the system of national norms performs a coordinating function, the principle of non-interference in the internal affairs of the state will always operate. So, for example, international economic law is only a direction in accordance with which the activities of the legislative and executive bodies of the state can be carried out.
In addition, this provision suggests that both international organizations and participants in international legal relations cannot intervene in the internal affairs of the state. The only exception is a number of cases in which a country can harm its “neighbors” or infringe on the rights of its population.
Universal respect for human and civil rights and freedoms
A mandatory clause of the UN Charter is the provision on the universal observance of human rights. The norm obliges each state to respect the rights of its population, to conscientiously fulfill the duties assigned to the authorities, and also to ensure the legality and fulfillment of citizens' rights.
This rule should apply to all sectors of the national system, for example, such as criminal, civil, international economic law and so on. The duty of each state lies in the legal regulation and practical implementation of the rights and freedoms of man and citizen.
The international cooperation
The principle of international mutual assistance and cooperation suggests that in the event of a difficult situation in the state, other countries undertake to provide assistance. Moreover, these actions can be formalized both legislatively and be agreed informally.
Serious problems in the social, economic and spiritual spheres, thanks to the existence of a norm on cooperation, can and must be addressed collectively. This position is related to maintaining peace and optimal relations between states.
A day is not enough to describe each principle of international law, but a list of the main ones can be found in the main legislative act of the United Nations - in its Charter. In addition, numerous provisions are widely disclosed and analyzed in many conventions. In international law, there are a huge number of declarations dedicated to the interpretation of a particular norm.