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2.4. The organisation on safety and cooperation in Europe as the regional mechanism in system of the European safety

Scale changes, proisshedshie in the international system, especially on the European continent, have put in the forefront safety problems. It is a question as of its theoretical aspects which mention necessity of reconsideration of concept of the safety and a problem of a source of modern threats, and about a role of those international institutes which priority problem is safety strengthening.

It is represented, what exactly in this context the Organization on safety and cooperation in Europe (ОБCЕ) which was transformed from Meeting on safety and cooperation in Europe (SBSE), has been based as political advisory process in which 54 states of Europe have taken part, Central Asia and North America [163], the further, the becomes key institute in modern process of changes on continent more. The similar role of this organisation speaks that:

- SBSE/OBSE - unique institutsionalnaja the structure consolidating all states in Europe, and also Canada and the USA, in joint structures for maintenance of the rights and freedom of the person, democracy, the supremance of law, safety and economic cooperation;

- SBSE/OBSE - the unique institute which created and has developed mechanisms for prevention of conflicts menacing to safety of different type and ways of management by them on all huge European space [164].

Nevertheless, it is necessary to notice, that the main things for OSCE was and there is an exception of application of force, earlier the prevention of conflicts and settlement of crises by political means, acceptance of means of prevention of conflicts and pacific settlement of disputes. Such approach is fixed in the decision "Helsinki-2" where it is told, that OSCE operations on maintenance of the world will not provide enforcement actions, and the last are considered as a provisional measure, the reliable mechanism of the timely prevention of occurrence of conflicts and pacific settlement of disputes and disagreements will not be adjusted yet. And until then OSCE will address for the help to the United Nations, EU, NATO, ZES and the CIS in a context of necessary steps on maintenance of the world [165].

Proceeding from the Chapter of VII Charter of the United Nations of OSCE is the intergovernmental regional organisation. The Organization enactment is the Helsinki Final act of Meeting on safety and cooperation in Europe in 1975 This document has fixed a wide range of the obligations, concerning principles of the state-participants regulating mutual relation, bases of strengthening of trust between them, respect of the rights and freedom of the person, and also cooperation in economic, cultural, technical and scientific branches [166]. Also it is necessary to carry to basic documents of the Organization: the Charter for new Europe and the Additional document to it, the 1990 accepted in Paris; the Declaration «Call of time of changes» and a package of decisions on structure and the basic directions of activity SBSE, accepted in Helsinki in 1992 and others.

It is necessary to notice, That OSCE in itself has no political policy. Directing bodies speaking on behalf to her name, functional institutes and separate officials express or should express konsensusnoe opinion of 35 state-participants. Besides OSCE thus was and is till now expression of democratic aspirations of the international community, majestic aspirations leave traces on its activity separate so-called «the basic states» to which carry first of all the USA, the Great Britain, Germany, Canada, Italy, France, operating through them transnational corporations and the international financial groups also.

As well as in universal aspect, and regional measurement in OSCE activity global tendencies of construction of the democratic multipolar world face, in which OSCE the line to monopolar amerikanotsentriskomu to the world in which the central axis of the international safety and it voennostrategicheskim the guarantor would be NATO at a role of the USA in the lead in it would play sistemoobrazujushchuju a role, and natotsentriskaja. Economic levers of influence in the Euroatlantic space would be transferred to a situation to the European Union, and OSCE through its profile humanitarian measurement would be taken away a role of the original tool of "controllable instability», for the purpose of active influence on internal and foreign policy of the states-participants from "elite" of the international community where all enter mentioned above «the basic states» OSCE [167]. In acknowledgement above stated it is possible to result judgement of M. Mihalka, published in published by Secretary of OSCE the collection «OSCE in 1995» «Some commentators have carried rather peace decomposition of the Soviet empire into the account of process of OSCE and its activity in« human measurement ». Thus, safety at least in OSCE context, unessentially designates means stability. At the best any model of safety on principles of OSCE and its activity can present a version of controllable instability only. It becomes obvious by consideration of available sources of stability and instability in Europe» [168].

Member states of NATO, taking part in process SBSE on the basis of individual membership, and, bringing the offers on a wide range of questions, from the actions directed on strengthening of trust, to obligations in the field of human rights, supported process SBSE and played a considerable role all important stages of its development from the moment of the basis and up to now. The North Atlantic alliance actively supported the decision about institutsionalizatsii process SBSE in 1990 In 1991 at the Roman meeting at the highest levels the NATO states have offered additional concrete measures on strengthening of the future role already SBSE.

In the Final communique accepted at session of North Atlantic council at level of Ministers for Foreign Affairs on June, 4th, 1992 in Oslo, NATO member states have declared, that they are ready to support in each separate case and according to operating procedures of NATO activity on the world support, carried out within the limits of activity SBSE, giving resources, knowledge and experience which the Atlantic alliance [169] has. These obligations have been confirmed in the communique approved by Ministers for Foreign Affairs of NATO in June, 1993

From October, 10th till December, 2nd, 1994 in Budapest there passed the Fifth conference devoted to the analysis of activity SBSE which has ended with a meeting at the highest levels on January, 5-6th. At this meeting there was a Secretary general of NATO Villi Klas. In the reference to country leaders SBSE he has underlined, that NATO is ready to transfer in order SBSE the resources and experience to provide performance of the problems connected with maintenance of the world and settlement of crises as it was done already by the Atlantic alliance for the United Nations [170].

At this meeting SBSE (OSCE) have been renamed into the Organization on safety and cooperation in Europe and has received the status of the international organisation that meant increase of efficiency of this organisation and its institutions [171].

On December, 2-3nd, 1996 in capital of Portugal Lisbon meeting at the summit of member states of OSCE has taken place. It, has convincingly shown, that member states of OSCE consider this organisation, as the important and indivisible element of building of new architecture of safety in Europe. At this meeting participation of delegation of Ukraine which was headed by President L.D.Kuchma was fruitful.

This forum has laid a course of actions of OSCE in the XXI-st century. The summit declaration thereupon proclaims: «As we come nearer to new century, especially becomes important, as never that we have constructed together new region of OSCE where all our states and individuals would feel themselves in safety» [172].

The political document approved by participants of a meeting of OSCE, consists of two parts – Declarations of the Lisbon summit and the Lisbon Declaration on model of the general and universal safety in Europe the XXI-st centuries [173].

The declaration of the Lisbon summit defined tasks of the Organization in the field of safety for 1997-1998 Thus the contribution of OSCE to peace-making efforts of the international community to Bosnia and Herzegovina has been positively estimated.

In the declaration the attention has been focused on importance of development of mutual relations from a different sort by subregional and transboundary initiatives on purpose as it is possible the full statement of the strong world, stability and a good-neighbourhood.

It is necessary to notice, that the Lisbon declaration on model of the general and universal safety for Europe the XXI-st centuries the same as the general-political Declaration of the summit, as a whole, corresponds to foreign policy interests of Ukraine. In due time the Ministry of Foreign Affairs of Ukraine the wide Item platform «Vnesok Ukra§ni to diskus і ї shchodo моделі zagalno ї і vseohopljujucho ї bezpeki for =vropi has been developed.» Which has been extended among delegations of member states of OSCE in Vienna. The document has received the positive response and understanding among conferees. A number of its positions in this or that form have entered into the summit Declaration. Them, for example, directly concern, the idea that close interaction and cooperation of the most authoritative organisations of safety of continent – OSCE, NATO, EU, ZES, the Council of Europe at corresponding participation of the United Nations should be the main condition of existence of new system of safety, and, that realisation of it demands achievement of corresponding arrangements between OSCE and the given organisations. Ukraine is the author of essentially important position of the declaration in whom it is said, that «within the limits of OSCE any state, the organisation or association cannot have more powerful responsibility on maintenance of the world and stability in OSCE region, or to consider any part of region of OSCE as sphere of the influence» [174].

Under the offer of Ukraine the declaration included position that presence of foreign armies in territory of member state of OSCE probably only in the event that it corresponds to the international law freely stated to the agreement of the state-owner, or to corresponding decision of the UN Security Council.

Regarding prospects of replenishment of NATO new members, as objective process, and consequently, not having against it basic contradictions, Ukraine, considering a negative position of Russia to process of expansion of NATO and possible in this connection complications, has expressed a number of offers directed taking away from itself threat to get in so, named «a buffer zone» that this process passed without serious consequences and promoted strengthening of safety and stability in Europe.

For this reason Ukraine has offered and has defended idea not placings of the nuclear weapon in territory of the states Central and the Eastern Europe - new members of NATO. As is known, this offer gradually takes root into a life. Ministers for Foreign Affairs of NATO at the meeting have declared on December, 10th, 1996 that member states «have no neither intentions, nor plans to place the nuclear weapon in territory of new members, as well as requirements for change of any aspect of a disposition of the nuclear weapon or the nuclear policy of NATO, and do not see necessity to do it in the future».

It is necessary to tell that Ukraine has worked hard on carrying out of the offer on granting by the leading European and transatlantic organisations of additional safe conducts to the states which are not participants of structures of collective defence, and cannot join them at present. As a result of corresponding measures from delegation of Ukraine at a preparatory meeting of OSCE, in the declaration among obligations which were incurred by participants of the summit, it has been specified, that they «will give great value to cares of all member states of safety irrespective of, whether they enter into military structures or not» [175].

Since Meeting in Helsinki (July, 1992) [176] and before Council session in Budapest (December, 1994) SBSE/OBSE has carried out the important activity on the post-Soviet territory. Inclusion of the former Soviet republics in structure SBSE/OBSE meant changes not only as a part of Meeting, but also in practice of its functioning. At the same time participation of these new states in which territory confrontations or the ethnic intensity fraught with new conflicts took place, has served as "stimulus" for creation and development of structures of preventive diplomacy within the limits of Meeting. The open and latent conflicts on the post-Soviet territory have induced to consider it as region of the raised risk in all Euroatlantic zone [177]. From here objectively there is a necessity of creation and mechanism start on revealing of situations of the high risk, capable to provide stability in region, to prevent crisis or to operate it. Therefore it is possible to approve, that there is a process of long interaction between, on the one hand, region as a source of problems and dangerous situations and, with another - SBSE/OBSE as the institute providing mechanisms of prevention and the control of these problems and situations [178].

Paying special attention to maintenance of safety SBSE/OBSE as the all-European organisation allocated with functions of preventive diplomacy, applied various tools on early revealing of the situations, capable to outgrow in the conflict, under their prevention and on management of crisis in the post-Soviet territory, having turned thus in original "laboratory" of experience and check of preventive diplomacy during an era after "cold war". As examples it is possible to result resolution of problems SBSE/OBSE by means of these diplomatic methods, in the states of Baltic, Georgia, Moldova, Tajikistan, Nagornom Karabahe, the Chechen Republic, Ukraine. For example, concerning Ukraine, using tools of the early notification and management of crisis, SBSE/OBSE the decision on creation of the mission in Ukraine [179] has made. It has been directed there in November, 1994 and had a double problem. First of all, it had to support to commission of experts SBSE/OBSE on the constitutional and economic aspects of the permission of a problem of Autonomous republic Crimea. On the other hand, it should collect the information on a state of affairs with the rights of the national minorities living in this republic. From its part High Commissioner SBSE/OBSE on affairs of national minorities has paid visit to Ukraine, having spent there a number of meetings with the state heads, regional leaders and representatives of minority. The recommendation of the High Commissioner about necessity of acceptance of the measures, capable to comfort Russian population of Crimea became result of these consultations, to inspire it thought that its fears in the relation of a policy of "Ukrainization" are insolvent [180]. Within the limits of such approach in May, 1995 in Locarno (Switzerland) has been organised "a round table" between representatives of the parties where the future status of Crimea as independent territory as a part of Ukraine was considered.

It is necessary to notice, that in most cases SBSE/OBSE operated and used various tools of revealing and the prevention of crises and management of them. So, for example, political consultations were supplemented with activity of observant missions, and last - work of High Commissioner SBSE/OBSE on affairs of national minorities which was supported by an infrastructure of the Bureau of democratic institutes and human rights [181].

It is necessary to add also, that experience of last years testifies that OSCE institutes have no military force or other similar tools. She leans only against own prestige, convincing the parties to cease the conflict [182].

Starting with above stated, it is necessary to note the following:

-- First, structures of preventive diplomacy are characterised by plurality and a variety. It speaks aspiration SBSE/OBSE to supervise the conflict all its stages, beginning from its latent condition and before extreme display (force use), including passage of a crisis situation. It allows to speak all about structure which has to twenty various forms of the action which application is possible at various levels of the conflict. From here, as the forecast, it is possible to designate two probable tendencies: one positive which leans against flexibility of the plural and various mechanisms, capable to adapt to any situation; another - negative, resulting from a complexity and an inefficiency owing to complexity created SBSE cars;

-- Secondly, from the point of view of a used method mechanisms SBSE/OBSE are characterised by the duality. So, it is possible to say about the original tools similar to institute of High Commissioner SBSE/OBSE on affairs of national minorities, but also and that "nothing is new in this world". Differently, SBSE/OBSE reproduces, but in smaller scale, the methods already tested by other international organisations (in particular the United Nations). As an example we will refer to the technology used by observant missions;

-- Thirdly, the tools considered here have a double origin. One of them were born thanks to formalisation of methods of preventive diplomacy (Helsinki II). Others, on the contrary, are a sample of a continuity of development SBSE/OBSE since times of "cold war", "informal" character of meetings under the control which keep live former spirit SBSE/OBSE. In this plan it is possible to notice, that the Budapest meeting in December, 1994 has defined stimulating restrictions for those actions which have been undertaken subsequently SBSE/OBSE in the Chechen Republic.

Concerning application of the mentioned tools in the post-Soviet territory, it is necessary to note that the High Commissioner on affairs of national minorities became its most active peace-making tool. Attempts of the decision of problems of Russian minority testify to it in Ukraine or language problems in Estonia and Latvia.

At OSCE summit on November, 19th, 1999 in Istanbul the Charter of the European safety has been accepted. If to follow that definition which was given to it really to the unique document by the Russian Minister for Foreign Affairs I. Ivanov, at the all-European forum the Constitution for new Europe [183] has actually been approved. Heads of the states and the governments of the state-participants of the Istanbul meeting managed to fix the general understanding of calls which Europe on a threshold of the third millenium faces, bases of activity of OSCE, to agree about the combined action directed on consolidation of the world and stability, protection of human rights on OSCE space. Basic value in these aspects has acknowledgement in meeting documents in Istanbul adherences of the state-participants of OSCE to the United Nations Organization Charter, the Final act of Meeting on safety and cooperation in Europe, to the subsequent documents accepted within the limits of OSCE. It has been confirmed, that the primacy of international law should remain a corner stone of construction of new system of safety in Europe. It is especially important in conditions when during aggression of NATO against Union republic of Yugoslavia Europe has faced the roughest infringements of the Charter of the United Nations, conventional principles and norms of international law.

It is necessary to note also, reflected in documents of a meeting of OSCE, package approach to the safety problem, including military-political, economic and ecological components, human measurement, crime control, terrorism, corruption.

Key aspect of the European safety there is a military-political measurement. Results of the given summit allow to hope that signing of the Agreement on adaptation of the Contract on usual armed forces in Europe, the document on measures of trust and development of the Platform of the safety based on cooperation, will lower danger of repetition of large-scale military conflicts in Europe and dangerous escalating of arms.

It is necessary to pay special attention on incompatibility of positions of the Charter of the European safety that primary responsibility for maintenance of the world and stability cannot be placed at one organisation in OSCE region, with the new doctrine and North Atlantic Treaty Organization actions. It is represented, that the Charter contains the elements representing new steps, means and the mechanisms increasing a role of OSCE as the key tool of the early prevention and prevention of conflicts, regulations of crises and postdisputed formation.

During the Istanbul summit the agreement on six new functional types of activity of OSCE has been reached:

-- «To a platform of safety based on cooperation», which purpose consists in hardening cooperation between OSCE both other international organisations and institutes and thus to improve use of resources of the international community;

-- Development of a role of OSCE in operations on world maintenance;

-- Creation of commands of the fast expert help and interaction to allow OSCE to react operatively to requests for the help, to offer civil and police examination in conflict situations, to develop, first of all, the civil component of actions on maintenance of the world and to start the decision of problems before they is reached in the development of a crisis stage;

-- Expansion of possibilities of OSCE on police rendering assistance, including monitoring of police operations, training and special preparation of police forces, the help in preservation leadership of the law;

-- Establishment of the Operational centre in OSCE secretary in Vienna, for maintenance of preparation, planning and fast expansion of activity of OSCE on places;

-- Establishment of preparatory committee at Constant council of OSCE, for increase efficiency of process of carrying out of political consultations [184].

Positively estimating the Charter of the European safety accepted in Istanbul, it is necessary to focus attention to paramount value of how positions of this document will be realised. OSCE activity, including a direction of missions, performance peace-making and mediatorial functions, should be carried out strictly on the basis of a consensus principle, with the consent of the interested states, at unconditional respect of their sovereignty

In Europe it is not not enough international institutions. They are useful and necessary for a cause of peace. However, as it is represented: at construction of new system of the European safety by a supervising principle should be such: the new organisations can be created only when the existing cannot carry out new tasks. And in this connection it is necessary to pay attention that activity of existing mechanisms is not so successful. And the contribution to world and safety strengthening often leaves almost ineffectual. It is thought, to it there are following explanations:

-- First: it is necessary to mean, that circumstances, in communication with which the given institutions were formed, have radically changed. The world has begun movement from «cold war» and certain stability by an era which essence is not defined yet. But what can make in these new facts the international organisations? One of two - to remain such as they are at present, or to carry out essential changes in the purposes, problems, mechanisms, functions and responsibility spheres. This second way means adaptation to existing world realities. These processes, first of all mention the United Nations. Similar, that it actively discusses this problem. Here it is necessary to remind of the important offers brought by the President of Ukraine by L.Kuchma at 50th session of General Assembly of the United Nations. He has noticed, that «the Main thing for the United Nations today - to find itself in new conditions and to go that by in which specifies real circumstances of our life» [185];

-- Secondly: the International organisations are under strong influence of the big rupture existing between words and concrete affairs of member states. Therefore, these organisations have no at the order of sufficient resources - material, financial and military;

-- Thirdly: there is guarding enough tendency in approaches of the certain states to safety. They speak about own safety, but in the meantime show indifference to safety of others, forgetting, that the real way to maintenance of own safety just passes through assistance of safety of neighbours, partners. It is necessary to notice, that interests of national safety can sometimes harm to realisation of the international safety, especially, when them proclaim in the chauvinistic form.

-- Fourthly: the international organisations were created to spend preventive activity and to resolve conflicts, weaken intensity between the states, instead of in their frameworks. That we observe in the modern world, - in the majority, it not certificates of external aggression, and internal conflicts which have dangerous international consequences. It is necessary to notice, that the international mechanisms are not ready to effective actions in such, dangerous situations. Therefore on a question, on what way it is possible to adjust a basic principle of non-interference to internal affairs of the state with necessity of settlement of similar infringements of the world while there is no answer.

Activity of many international organisations convincingly shows their excessive bjurokratizatsiju. It is often observed, duplication of their functions and problems.

Therefore it is necessary to make activity of existing institutions of more effective, to aspire to achievement of their present coordination. For example, the United Nations and OSCE have proved in practice, that they can operate fruitfully enough, as to prevention of conflicts at the initial stage. At the same time NATO with the military possibilities proved the efficiency by enforcement actions.

Briefing, it is possible to draw following conclusions:

-- The Organization enactment is the Helsinki Final act of Meeting on safety and cooperation in Europe in 1975 In 1994 SBSE has been renamed on OSCE and has received the status of the intergovernmental regional organisation;

-- OSCE and was not transformed to the effective international organisation as the strong executive mechanism of the organisation till now is not created. It is represented, that the future of this organisation mainly depends on the decision of this problem. In the long term it can be the Safety Council of Europe, or something another. The important question there is its structure, functions and methods of acceptance and realisation of decisions. Participation in this mechanism of the USA, the Great Britain, France is thought, that, Russia and Germany should be really provided. For other states it is necessary to provide rotation system;

-- At OSCE summit on November, 19th, 1999 in Istanbul the Charter of the European safety has been accepted. It is necessary to pay special attention on incompatibility of positions of the Charter of the European safety that primary responsibility for maintenance of the world and stability cannot be placed at one organisation in OSCE region, with the new doctrine and North Atlantic Treaty Organization actions. It is represented, that the Charter contains the elements representing new steps, means and the mechanisms increasing a role of OSCE as the key tool of the early prevention and prevention of conflicts, regulations of crises and postdisputed formation;

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A source: DELINSKY ALEXANDER ARKADEVICH. the EUROPEAN SYSTEM of SAFETY: INTERNATIONAL LEGAL ASPECTS of FORMATION And DEVELOPMENT. The dissertation on competition of a scientific degree of the master of laws. Odessa. -200

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