13. Международно-правовая ответственность (collective sanctions, restitution, indemnity, satisfaction).

International responsibility

• incured by state in breach of international obligations

• injuring rights or property of another state

• political or civil responsibility

Remedies:

• collective sanctions (severance of diplomatic relations, trade boycotts, cessation of air and sea traffic)

• restitution – reparation for injury, the act of compensating for loss or injury by reverting as far as possible to the position before such injury occurred

(performance of failed obligation, revocation of an unlawful act or abstention from further wrongful conduct)

• indemnity (monetary compensation) – most common form of reparation for all damages

(resulting from wrongful act or omission, including ascertainable lost profits)

• satisfaction: (if there’s no material injury) official regrets and apologies, formal or judicial declaration of the illegality of an act, and punishment of guilty minor officials

Economic sanctions and collective punishment (problems):

• indiscriminate (strike the most vulnerable (children) and innocent)

• offend basic notions of justice

• must be renounced(отменено) in international relations

• targeted military force can be more ethical than harm to civilians

A state’s violation of international law may be justified on the grounds of:

• consent of the State injured (not valid if directed to permitting activities contrary to jus cogens)

• self-defense

• countermeasures in response to an international wrongful act (obligations to refrain from force, reprisals not suspended)

• force majeure (irresistible(непреодолимый) force or unforeseen(непридвиденный) event, beyond the control of the State, making impossible to perform the obligation)

• distress (exceptional circumstances of extreme urgency authorizing(разрешает) breach of obligations)

• state of necessity (condition to safeguard an essential interest against a grave danger

14. Роль оон в современном мире. Проблема дефицита власти в современном мире.

Authority deficit, role of UN

• notable decline in sources of authority in recent years (in the world from US to UN)

• cold war provided a source of stability and order in the world

• sole surviving superpower US – had choice: (1) create multipolar world, or (2) assert own strength and power

• its decision (2) was much affected by Sept. 11, 2001

• this created unhappiness and disorder

• UN – was main institution that has source of authority in recent decades

• has done little job to restore international order after cold war

• UN found itself in an asymmetrical world after Cold War

• US feeling strong and acting in its own interests disregarding the UN decisions and UN Charter

• comedown of NATO.NATO might find new lease of life - to keep alive a standing alliance which can react quickly to foreign emergencies.

• increasing disorder

• dangers of international system without authority – aggression, of non-state actors using military force etc.

• governments have great deal of authority (confiscating a large amount of individual incomes through taxation)

• we should welcome the ebbing(убывание) of authority internally within the countries and regret the ebbing of athority in international system