17. Понятие «нейтралитет». Права и обязанности нейтральных государств.

Sources of the International Law of Neutrality:

• customary international law

• international treaties

  • Paris Declaration (1856)

  • The 1907 Hague Conventions (No V, XII)

  • The 4^th Geneva Protocol (1949)

  • Additional Protocol I (1977)

Concept of neutrality:

• Territory is inviolable

• non-participation in armed conflicts, avoidance of being involved (impartiality)

• neutral space: national territory, airspace, territorial waters, citizens (nationals) – neutral persons

• measures to protect neutrality (force to prevent violation, self-defence)

• hot pursuit right

• prisoners of war recognized as refugees (can be accepted in NS)

• belligerents are forbidden to move troops or supplies across the territory of a NS

• members of belligerent(воюющая) armed forces should be detained

• corps of combatant cannot be formed nor recruiting agencies opened on the territory of NS to assist the belligerents

Duties of belligerent states:

• establish neutral policy (respect status of neutrality)

• warships and medical ships in neutral ports: 24 hours, 3 vessels, only for repair

• military aircraft restricted to enter airspace

States: Austria, Belgium, Costa Rica, Cambodia, Ireland, Laos, Liechtenstein, Luxembourg, Moldova, Sweden, Switzerland, Turkmenistan.

18. Право международных организаций: понятие, виды, роль в современном обществе. Роль магатэ в современном мире.

Internarional organizations –

• Org.established by treaty or other instrument (resolution, joint unilateral act) governed by international law

• possessing own international legal personality (autonomous organs acting on majority basis)

• composed of States (predominantly), other IO’s (entities)

History:

• first created in XIX century

• were created as a means conducting international relations and fostering cooperation

• evolved from ad hoc multilateral conferences (Congress of Vienna 1815) into institutions with organs on a permanent basis

• early IO dealt with technical, non-political matters (Commissions regu­lating rivers, Telegraphic and Postal Unions)

• League of Nations(forerunner of the UN) – first IO to deal with political relations, which aspired to universal membership

Role in international affairs:

• development of international law specifically

• Within diverse fields of operation (endeavour): political cooperation, protection of the environment, defense, humanitarian and development assistance, promotion of trade, etc.

IO perform functions:

• Provide forum for deliberating upon matters of common interests, develop rules on these matters

• Act as vehicles for taking action on international problems

• resolution of international disputes

• promoting, monitoring, supervising State compliance with agreed rules and policies

Types:

• intergovernmental (predomin­antly States): UN, WTO

• non-governmental (private entities, though operate in more than 1 country): Amnesty International, Greenpeace

• membership: universal(UN)/closed(geographic, economic criteria OPEC)

• functions: broad areas/particular fields

International Atomic Energy Agency (IAEA):

• world's center of cooperation in the nuclear field

• set up in 1957 within the UN family as the world's "Atoms for Peace" organization

• its mission - promote safe, secure and peaceful nuclear technologies

• guided by interests and needs of Member States, strategic plans and vision embodied in Statute(закон)

• areas of work: Safety and Security; Science and Technology; Safeguards and Verification(контроль)

• not under direct control of any UN body

• reports to GA and SC

• main bodies: Board of Governors, General Conference, Secretariat

Structure

The Board of Governors

• policy making body

• makes recommendations to the General Conference on IAEA activities and budget

• responsible for publishing IAEA standards

• appoints the Director General subject to General Conference approval

The General Conference (GC)

• lesser policy making body

• forum for debate on current issues and policies

The Secretariat

• professional and general service staff

• headed by the Director General

• Director General oversees 6 departments:

  • Nuclear Energy

  • Nuclear Safety and Security

  • Nuclear Sciences and Applications

  • Safeguards

  • Technical Cooperation

  • Management

Main functions:

- inspections of existing nuclear facilities to ensure peaceful use

- information and standards to ensure stability of nuclear facilities

- seeking peaceful applications of nuclear technology