Пример: Автоматизированное рабочее место
Я ищу:
На главную  |  Добавить в избранное  

Главная/

Иностранные языки /

Economic sanctions in MP /english/

Документ 1 | Документ 2

←предыдущая следующая→
1 2 3 4 5 6 7 8 9 10 11 12 

nations, undermining bases of the international law representing threat to the international world and safety.

 In the project of the articles about the responsibility of the states prepared by a Commission of the international law a UN, подч ё ркивается, that международно-legal деяние, arising as a result of infringement by the state of the international obligation, so basic for maintenance of the vital interests of community, that his(its) infringement is considered as a crime before international community as a whole, makes international преступление1. To number of such international crimes concern: aggression, геноцид, апартеид, колониализм, military crimes, crime against humanity etc. As such crimes mention practically вс ё international community, the states according to the Charter a UN have the right to accept collective measures on their suppression.

 The kinds of the armed violence used in international practice of many states are extremely diverse. Proceeding from definition(determination) of aggression from the facts of a history of the international attitudes(relations) after the second world(global) war, we can allocate the following most important kinds:

- agressive war;

-вооруж ё нную intervention;

-вооруж ё нные the agressive shares, that is separate вооруж ё нные attacks which are not carrying of character wars or intervention;

- the input вооруж ё нных of forces on territory of the foreign state or оставление them on the given territory contrary to his(its) will and for interference in his(its) internal businesses (here is possible to include preservation on territory of the foreign state contrary to his(its) will of military bases);

- marine blockade in peace time of coast or ports of the foreign state (so-called ' peace blockade ');

- support of the armed groups or groups of mercenaries for intrusion on territory of other state with the purpose of interference in his(its) internal businesses.

Agressive war. The most dangerous kind of the forbidden application of the armed force is the agressive war. In the international sertificates(acts) послевоенного of period this term meets extremely редко. In them such terms, as ' application of force ', 'aggression', ' the armed attack ' are more often used. If the term 'war' appears in the Status of League of Nations and in the Paris pact of a 1928, in the Charter a UN this term is present only in item 1 of a Preamble (short of a word in ст.107 concerning the second world(global) war), and in his(its) articles is spoken about application of force (item 4 ст.2), about вооруж ё нном an attack (51).

 In the sentence of the International military tribunal in Nuremberg agressive actions гитлеровской of Germany concerning Austria and Czechoslovakia is designated as 'grab', concerning Denmark, Norway, Belgium, Netherlands of Luxembourg - as 'intrusion', concerning Poland, Yugoslavia and Greece - as 'aggression' and in the attitude(relation) ССР and USA - ' agressive war ' 1.

 In the Geneva conventions on protection of victims of war alongside with the terms of 'war', ' condition of war ' the term ' вооруж ё нный the conflict ' is widely applied.

 In the agreements for the mutual help, заключ ё нных after the second world(global) war, term ' the agressive war ' does not meet, and the term 'aggression' and ' вооруж ё нное an attack ' is applied.

Whether  Means вс ё it, what concept ' the agressive war ' can be replaced by concepts ' application of force ', 'aggression', ' вооруж ё нное an attack ' and should not be allocated in the responsibility of a separate kind вооруж ё нной of aggression? By no means is not present. The agressive war is and continues to remain the kind, most dangerous and attracting the widest international responsibility, вооруж ё нной of aggression. In spite of the fact that now from life of company, the danger of agressive wars, both in world(global), and in local frameworks has not disappeared. As to the responsibility for agressive war, that, as is known, before the second world(global) war the agressive war was announced by an international crime, and in the Charter and sentences of the International military tribunal in Nuremberg, in which the principles becoming then principles of the international law are formulated, they are qualified as ' crimes against the world '.

 The concept of agressive war develops of two components: concept of war and concept агрессивности or aggression. However neither that, nor other concept has not the conventional definition(determination) in the international law. The majority of the lawyers - международников for want of definition(determination) of concept of war the recognitions by them of a condition of war are guided by by formal criterion of the announcement of war, availability at the struggling parties animus belligerenti. For example, Л. Оппенгейм writes: ' the Unilateral violent actions, one state against other without the preliminary announcement of war, can be the reason of occurrence of war, but in themselves are not war, as the opposite party does not answer them by similar hostile actions, or, at least, declaration, that they consider these actions as the sertificates(acts) of war ' 1. The australian lawyer - международник Дж. Страрк states the same point of view;!from the point of view of ещ ё sharply. As he said, ' a Nature of war in itself becomes more exact определ ё нной as the formal status вооруж ё нных of hostile actions, in which the intention of the parties should be a determinative. Thus, the condition of war can be established(installed) between two and more by states пут ё м of the formal announcement of war, even between them active military actions ' 1 never took place.

 It is a point of view;!from the point of view of of the majority of the lawyers - международников does not correspond(meet) to the validity, as the state quite often begins military actions without any announcement of war and, nevertheless, both враждующие of country appear in a condition of war.

 In soviet ' the Diplomatic dictionary ' yes ё тся the following definition(determination) of war: ' War - struggle between the states and classes by means вооруж ё нного of violence representing continuation of that policy(politics), which these states or the classes conducted before war '.

 The agressive war it is indispensable захватническая war, which вед ё тся агрессором to seize a part of territory of the state - victim of aggression or completely to deprive of his(its) independent state existence. The agressive war is accompanied by claims of the state - агрессора on annexation of a part or whole territory of the state being a victim of aggression. This attribute is inherent just in agressive war, instead of all kinds of aggression. From a formal point of view;!from the point of view of the war as against other вооруж ё нных of the conflicts, as a rule, is connected to break of diplomatic, consular, trade and other normal attitudes(relations) between the struggling states.

 Hence, the agressive war is вооруж ё нная struggle begun by one state against other with the purpose of grab of a part of his(its) territory or deprivation of his(its) independent state existence and accompanying with break of diplomatic, consular, trade and other normal attitudes(relations) between these states.

 The agressive war is those irrespective of, has a place the announcement of war whether or not. From it by no means does not follow, that the международно-rules of law concerning war have lost force. ' For the state beginning war first, the sertificate(act) of the announcement of war does not mean clearing it(him) from the responsibility for развязывание of aggression ' 1. However

←предыдущая следующая→
1 2 3 4 5 6 7 8 9 10 11 12 


Copyright © 2005—2007 «Refoman.Ru»