Economic sanctions (175307)Посмотреть архив целиком
UNIVERSITY of WORLD(GLOBAL) ECONOMY And ÄÈÏËÎÌÀÒÈÈ
FACULTY of the international LAW And COMPARATIVE LEGISLATION
ON THE SUBJECT OF: ECONOMIC SANCTIONS In МП
Work has executed: the student of group 1-3а-94. Хасанов Д
The scientific chief: Ñàèäîâ
Ð.Ò êàí. Þðèä. Sciences.
The adviser for foreign language: Cафарова Ê.À.
Глава-I. The международно-legal responsibility
1.1. General(common) concept of the международно-legal responsibility 6-14
1.2. Basis of the международно-legal responsibility 15-21
1.3. Classification of international
Глава-II. Economic sanctions as a measure of the responsibility for offences
2.1. Export embargo 40-49
2.2. Embargo on import 50-63
2.3. Additional kind of economic
The sanctions 64-69
The conclusion 70-72
The bibliography 73-75
A question on the sanctions, which should be applied to агрессору, until recently did not involve(attract) to itself of attention of wide sections and served a subject of study only of small group of the lawyers, experts on application of the sanctions a UN, and separate political figures. The question this seem especially academic, that is torn off from life. But since the end of a 1935 in connection with итало-абиссинским by the conflict, and then by beginning of the second world(global) war and present regional conflicts this question has become most urgent. This problem appears and in внешнеполитической of activity of a Republic of Uzbekistan. The president of a Republic of Uzbekistan И.А. Каримов in the performance(statement) as one of methods of the sanction of the regional conflicts offered messages of embargo on importation of arms and raw material for management of military actions in territory struggling государств1.
The question on the sanctions acquires a urgency in connection with all international conditions involved in new wars for ïåðåäåë of the world.
In these conditions the consolidation of forces of countries interested in preservation of the world, is the important problem. It can be made by strenghtening system of collective safety, which part are the sanctions.
As the sanctions hinder a rule(situation) àãðåññîðà, a Republic of Uzbekistan, being guided by the policy(politics) of the world, has supported system of the sanctions used by the United Nations Organization.
Some lawyers by a name of the sanctions designate usually measures directed to maintenance of observance of the law. The sanctions, as a rule, take the form of punishment for defiance of the law. A problem of the sanctions, partly ïðåâåíòèâíàÿ, as the threat of application of the sanctions in the certain cases should keep the infringer of the law, or àãðåññîðà, from his(its) agressive actions, and partly positive, as the sanctions already after defiance of the law, or the aggressions, are false to help to restore the infringed balance. In the field of the международно-legal attitudes(relations) the question on the sanctions acquires a urgency there, where the speech goes about struggle for preservation of the world. From different promptings come to a problem of the sanctions of the states which have organized a UN, and Republic of Uzbekistan have in sphere of the international attitudes(relations) by the main problem and the purpose struggle for preservation of the world.
In the present research work I put to myself by a problem to analyse system of the sanctions stipulated by the Charter a UN, and to understand its(her) economic efficiency as on the basis of the general(common) analysis of conditions of world(global) facilities(economy), and on the basis of study of experience of application of the sanctions to some àãðåññîðàì.
With this purpose the work will be conducted in two directions which have received the reflection in two chapters of work. Each chapter will consist of three sections. In the first chapter will be ïðîèññëåäîâàíû questions of the международно-legal responsibility, general(common) concept, basis of the responsibility and classification of international offences. In the second chapter all kinds of economic sanctions (export embargo, embargo on import, reparation, restitution, ðåïðåññàëèè, ñóáñòèòóöèè etc.) used to the states to the offenders will be directly considered.
Глава-I. The международно-legal responsibility
1.1. General(common) concept of the международно-legal responsibility
The международно-legal responsibility is a set of the legal attitudes(relations), which arise in the modern international law in connection with an offence, ñîâåðø ё ííûì by any state or other subject of the international law, or in connection with damage, reasons ё ííûì by the state to other states as a result of lawful activity. In one cases these ïðàâîîòíîøåíèÿ can concern directly only states - offender and suffering state, in other - can mention the rights and interests of all international community. Point of view;!from the point of view of consequences these ïðàâîîòíîøåíèÿ can be expressed for want of offences in restoration of the infringed right, in reimbursement of a material loss, in acceptance of the various sanctions and other measures of collective or individual character to the state which has infringed the international responsibility, and in case of harmful consequences for want of of lawful activity - in the responsibility to make appropriate indemnification.
Ïðàâîîòíîøåíèÿ of the responsibility in the international law result from wrongful actions or inactivity of the state infringing his(its) international responsibility. With ó÷ ё volume that, that the norms of the rights regulating questions of the responsibility, come in actions only for want of infringement of primary (material) norms, some authors name ïðàâîîòíîøåíèÿ of the responsibility as derivative, or вторичными1.
The norms regulating the responsibility of the subjects of the international law, differ from «main», or «primary», norms. The representative(representative) of the Netherlands to a Commission of the international law a UN À.Òàììåñ fairly has noticed, that « the main norms are those, which directly influence actions of the states. Derivative norms are those, which concern to the responsibility of the states, intend for assistance to practical realization in life of an essence of the international law contained in main norms » .2 is very important to not miss from a kind, that an establishment of «primary» norm and contents of the obligation based on it(her), - one party of business, and establishment that, whether that the obligation was infringed, and if yes, what should be consequences of this infringement, - other party. Only last also is sphere of the responsibility as such. The establishment of norms of the international law named «primary» frequently requires(demands) development(manufacture) of the vast and numerous articles, whereas the question on the responsibility is connected to development(manufacture) rather of few norms sometimes carrying general(common) character. However it is necessary to agree with remark contained in one of the reports of a commission of the international law a UN that possible(probable) in this case « ëàêîíè÷íîñòü of the formulation the speech èä ё ò about a simple problem does not mean at all, that. Opposite(on the contrary), in connection with each moment âñòà ё ò set of complex(difficult) questions, each of which should be considered, for all of them influence choice of the proper formulation » 1. The application of norms ìåæäóíàðîäíî - legal responsibility results in occurrence of the new international legal attitude(relation), which derivates, on the one hand, responsibility of the state - offender to stop wrongful actions to restore the infringed right of the suffering state to reimburse of the reasons ё ííûé damage or to undergo to the sanctions, and on the other hand, right of the affected party to require(demand) of the state - offender of fulfilment of these responsibilities and to receive appropriate reimbursement and satisfaction.
The commission of the international law a UN, attending preparation of the project of the articles about the responsibility of the state for offences, has come to a conclusion about necessity to concentrate the efforts to researches of norms, which adjust the responsibility, and to conduct for want of it ÷ ё òêîå differentiation between this problem and problem which consists in an establishment of «primary» norms assigning on the state the obligation, which infringement can cause ответственность.1