the Role of the international organisations in sphere of international legal regulation of a turn of military goods
Despite the economic component, the organisation of deliveries of the weapon is capable to influence safety maintenance in the world. Results of the retrospective analysis give the basis to approve what to give the organisations of deliveries of the weapon certain peace-making potential of the state are capable only together, besides within the limits of the international intergovernmental organisations.
In this context it is expedient to consider a role of the international organisations in three projections of the international safety, including - in considered area [151].
First, the international organisations are independent participants of the international relations, the international subjects, called to solve a certain circle of problems within the limits of particularly set direction. Among the international organisations exist such, which have universal character (for example, the United Nations), urged to solve the most extensive circle of problems, including, special problems in concrete area.
The international organisations are secondary, derivative international subjects in relation to the states. However in this quality they are involved in process of formation and realisation of international legal norms. Moreover, efficiency of the last depends on more and more in what degree they are authorised by the interstate organisations which in aggregate form developed enough network covering practically all segments of modern international relations.
Secondly, the organisations are «the international forum», a place for the decision of actual problems of international character. Within the limits of the international organisations regular joint sessions of their representatives on which questions of the international value can be brought up are spent, be led discussions concerning methods of the decision of the international problems, be challenged actions of members of the international organisations, cooperation on separate aspects of activity can be carried out.
Thirdly, the organisations are the tool for achievement of specific goals within the limits of national and a world policy. Value of the international organisation for realisation of a national policy is defined by degree in which such multilateral coordination actions are the valid and constant purpose of the national governments.
Proceeding from the specified role of the international organisations, it is possible to allocate their following functions in sphere of a turn of the weapon:
1. Accumulation of interests. The given function is shown in three aspects: accumulation of interests in sphere of a turn the weapon between their members; formation of interests, development of a uniform political line in the given sphere; protection of interests of their separate members concerning a weapon turn.
At realisation by the international organisations of the given function it is necessary to consider basic principles of formation of any international organisation:
- Development of a position of the international organisation is carried out unanimously or overwhelming majority of its members;
- Members of the international organisation have practical possibility to leave the organisation and by that to refuse the consent with the developed rules;
- Being a member of the organisation, the state can refuse a unilateral order of application of the rules adjusted by the international organisation, or to interpret the given rules definitely;
- Delegates in bodies of the international organisations are put forward by the governments of the states;
- The international organisations should not have direct business ties with private persons of member states.
2. Reguljativnaja function. Within the limits of the international organisations development of certain norms and rules of behaviour of the states is carried out at export and weapon import.
Duty of the states to observe the rules developed at the international level and norms is based on a principle pacta sunt servanda which assumes diligent [152 [153] performance of the accepted international legal obligations and does not suppose any unilateral refusal of them.
According to the Helsinki Final act: «the State-participants will honesty carry out of the obligations which follow from the conventional principles and norms of international law, and those obligations which follow from contracts corresponding to international law and other agreements which participants they are; at realisation of the sovereign rights, including the right to establish the laws and administrative rules, they will be soobrazovyvatsja with the legal obligations on international law; they will be, besides, to consider properly and to carry out positions of the Final act of Meeting on safety and cooperation in Europe».
Principle realisation pacta sunt servanda, is reached at the expense of special measures, such as: international legal guarantees; creation of special international bodies on contract realisation; acceptance of special obligations; the conclusion of accessory contracts etc. [154]
Application of the norms established by the international organisations and behaviour rules in sphere of a turn of the weapon should not contradict a principle of the sovereignty of the states.
3. Control function. The given function of the international organisations consists in maintenance of the international control over a weapon turn accessible methods.
The international control over a weapon turn should be considered as actions of international subjects (bodies, them created), carried out on the basis of international treaties and consisting in check of conformity of activity of a member of the organisation to the obligations taken by it up with a view of maintenance of their observance [155].
Thus the international control should be carried out under condition of observance of the conventional principles of international law, including principles of non-interference to internal affairs of the state and the state sovereignty.
The international organisations also establish interdictions and restrictions on export and import of separate categories of the weapon or weapon delivery in the separate states.
In practice of the international organisations such quality monitoring, as information reception, representation of reports and reports of the governments and the international organisations responsible for maintenance of meeting commitment within the limits of a turn of the weapon, carrying out of annual reviews of a policy of the states concerning a weapon turn is widely applied.
Result of the international legal control ascertaining diligent / unfair performance by the states of the taken obligations or a necessary correcting participants of the agreement of the actions with a view of their reduction in conformity with the purposes of the contract or application against the infringer of the international obligations of coercive measures can be.
4. Coordination function. The international organisations can provide coordination of actions of their members within the limits of military cooperation, develop uniform principles of such cooperation, and also co-ordinate execution by the states of obligations on weapon deliveries.
5. Information function. The international organisations inform the participants on volumes of accumulation of the weapon at the concrete states or in concrete territories, about volumes of a turn of the weapon etc.
Owing to specificity of a subject of regulation in a considered case it is necessary to give special attention to the doctrine about invariable circumstances [156] (clausula rebus sic stantibus - expectation by the parties of that the contractual obligation will pass under invariable circumstances). Circumstances at which the corresponding contract consisted mean.
In the modern world corresponding circumstances very often vary also at times cardinally so also a politiko-legal estimation of corresponding functions of this or that international organisation it is necessary to give directly in a context of the given doctrine.
3.2.
More on topic the Role of the international organisations in sphere of international legal regulation of a turn of military goods:
- United Nations role in sphere of international legal regulation of a turn of military goods
- a place and a role of international legal regulation of a turn of military goods in international law system
- main principles of international legal regulation of a turn of military goods
- the mechanism of international legal regulation of a turn of military goods
- Basic elements of system of international legal regulation of a turn of military goods
- classification of international legal certificates and their value in the course of regulation of a turn of military goods
- Chapter 1. Theoretical aspects of international legal regulation of a turn of military goods
- Chapter 2. SYSTEM UNITY of INTERNATIONAL LEGAL REGULATION of the TURN of MILITARY GOODS
- 2.3. A role of the international non-governmental organisations in sphere of prevention of an illegal turn of bodies of a human body
- Chapter 3. INTERNATIONAL LEGAL ASPECTS INSTITUTSIONALNOGO of the CONTROL OVER the MILITARY GOODS TURN
- § 1. Features of international legal regulation of an establishment of relations of cooperation with the international intergovernmental organisations
- Regulation of public procurements in EU and in other international organisations and the international integration associations: rather-legal aspect
- $3. Sources of the international cooperation in sphere of the international control over a turn of narcotics
- §2 Activity of the international economic organisations on creation of international legal norms.
- problems and prospects of cooperation of the Russian Federation within the limits of ODKB, the CIS, SHOS in the field of military goods turn
- features of the right regulation of public procurements in frameworks Association of the states of South East Asia (ASEAN) both other international organisations and the international integration associations of Pacific region