8. International law and security.

The law of international security is a set of international legal principles and norms governing the cooperation of states and other subjects of international law in the military-political sphere in order to ensure peace and international security.

The basis of international security law is a system of international public law rules designed to exclude forceful forms of resolving contentious issues in relations between states.

Prior to both world wars, international law recommended that states turn to peaceful means of resolving international disputes, but did not oblige them to follow this procedure.

At the Hague Peace Conferences of 1899 and 1907(convention on the peaceful resolution of international clashes) was developed and adopted, the purpose of which was to generalize the rules for the use of good offices and mediation, the formation and functioning of international arbitration courts and investigative commissions.

The Statute of the League of Nations adopted in 1919 turned out to be a more progressive document from the point of view of international law - it provided for the mandatory use in certain cases of individual means for the peaceful resolution of international disputes (arbitration and court proceedings, appeals to the Council or the Assembly of the League). A very significant drawback was that it did not contain a clearly formulated principle of the peaceful resolution of international disputes, and also allowed war as a legal means of resolving disputes.

The next step towards the recognition of the principle of peaceful resolution of international disputes was the adoption in 1928 of the Paris Treaty on the renunciation of war (the so-called Briand-Kellogg Pact), in Art. II of which it is expressly stated: “The High Contracting Parties recognize that the settlement or resolution of all disputes or conflicts that may arise between them, of whatever nature or whatever origin, should always be sought only by peaceful means."

Of course, the Charter of the United Nations has become the next step in the development of the principle of the peaceful resolution of international disputes. The UN Charter made an attempt to create a mechanism of "maintaining international peace and security." The document also contains rules regarding collective enforcement of peace by decision of the Security Council.

The main source of international security law is the UN Charter. Along with it, an important place in the complex of sources of this branch of international law is occupied by bilateral and multilateral interstate treaties that regulate the legal aspects of ensuring peace and international security. Among them are the following categories:

1. 
   Treaties that hinder the arms race and the buildup of weapons of mass destruction:
   

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  1959 Antarctic Treaty;
  
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  The 1963 Treaty on the Prohibition of Testing Nuclear Weapons in the Atmosphere, in Outer Space and under Water;
    
  
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  1968 Non-Proliferation Treaty;
  
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  Treaty on the Prohibition of the Placement on the Bottom of the Seas and Oceans and in its bowels of nuclear weapons and other weapons of mass destruction of 1970;
  
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  Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological and Toxic Weapons and on Their Destruction of 1971;
   
  
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  Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction of 1993;
   
  
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  1996 Comprehensive Test Ban Treaty;
  

2. 
   Nuclear Safety Treaties:
   

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  1985 South Pacific Nuclear-Free Zone Treaty;
  
  
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  Southeast Asia 1995 Nuclear-Weapon-Free Zone Treaty;
  
  
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  1995 Nuclear-Weapon-Free Zone Treaty.
  

3. 
   Counter-Terrorism Treaties:
   

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  1970 Convention for the Suppression of Unlawful Seizure of Aircraft;
  
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  1971 Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation;
  
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  1979 International Convention against the Taking of Hostages;
  
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  1988 Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation;
  
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  1997 International Convention for the Suppression of Terrorist Bombings;
  
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  1999 International Convention for the Suppression of the Financing of Terrorism;
  
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  2005 International Convention for the Suppression of Acts of Nuclear Terrorism.
  
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  Among the sources of international security law, regional acts adopted in the development of the provisions of the UN Charter are of great importance. In the Eurasian region, international legal acts are created primarily within the framework of international organizations on security issues, such as NATO, OSCE, CSTO, etc.
  

There are two types of international security: universal and regional. Both types of international security are collective security, that is, they can only be ensured by the collective efforts of all or most states of the world or region.

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  The main instrument for maintaining peace and preventing the outbreak of war is the universal collective security system provided for by the UN Charter. The Charter establishes the foundations of the modern world law and order, the principles of relations between states in the international arena and provides a whole range of measures to preserve international peace and suppress acts of aggression, including:
  
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  - the prohibition of a threat by force or its use - only the UN, by decision of the Security Council, is entitled to use force or a threat by force in cases provided for by its Charter. An exception to the general principle of the non-use of force is the right to self-defense in the event of an armed attack;
  
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  - peaceful resolution of international disputes - any dispute between states that threatens international peace and security should be resolved through negotiations, examination, mediation, conciliation, arbitration, litigation, appeal to regional bodies or agreements, or other peaceful means;
  
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   - the prevention and elimination of threats to peace and the suppression of acts of aggression and other violations of the world - the Security Council determines the existence of any threat to peace, any violation of the world or an act of aggression and makes recommendations or decides which collective measures related and / or not related to the use of armed should be taken;
   - use of regional security organizations - the Security Council may use regional agreements or bodies to implement coercive measures to maintain international peace and security.
  
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  The creation and operation of regional collective security systems is determined by Chapter VIII of the UN Charter “Regional Agreements”, the norms of these organizations and other international legal acts.
  
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  Regional collective security systems are characterized by the following features:
  
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  - The states participating in the treaty are located mainly in one region;
  
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  - the parties to the agreement confirm the requirement to resolve differences between themselves and other states exclusively by peaceful means;
  
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  - participants must not join military alliances or participate in actions directed against another participating state;
  
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  - participants commit themselves to provide individual or collective assistance to a state undergoing an armed attack;
  
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  - The United Nations Security Council should be immediately informed of all actions taken or envisaged to ensure collective security;
  
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   - New members to the security system established by the agreement are accepted, as a rule, with the consent of all its participants.
  

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  The North Atlantic Treaty Organization (NATO) is a military-political bloc that unites most of the countries of Europe, the USA and Canada. It was founded on April 4, 1949 in the United States to counter the influence of the USSR. In accordance with the memorandum of association, an armed attack on one or more parties to the treaty is considered an attack on them all. At the 2016 summit, the new mission of NATO officially proclaimed the containment of Russia. Currently, 29 countries are members of NATO.
  
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  The Organization for Security and Co-operation in Europe (OSCE) is the world's largest intergovernmental organization dedicated to security. The OSCE was founded in July 1973. Its activities cover a wide range of security-related issues, including arms control measures, confidence- and security-building measures, human rights, minority protection, democratization, the rule of law, the fight against terrorism and the coordination of economic and environmental activities. The OSCE consists of 57 countries in Europe, Central Asia and North America.
  
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  The Collective Security Treaty Organization (CSTO) is a military-political union within the CIS established on September 7, 2002 on the basis of the 1992 Collective Security Treaty. The objectives of the CSTO are "strengthening peace, international and regional security and stability, collective defense of the independence, territorial integrity and sovereignty of member states." The CSTO includes Armenia, Belarus, Kazakhstan, Kyrgyzstan, Russia, and Tajikistan.
  

1. 
   International law in questions and answers: textbook / R. A. Kalamkaryan, Yu. I. Migachev. - M .: Eksmo, 2009.
   
2. 
   International law. Special part: textbook. for law students Fak. and universities / I.I. Lukashuk. - M .: Walters Clover, 2005.
   
3. 
   International law: textbook for bachelors / otv. ed. R. M. Valeev, G.I. Kurdyukov. - M.: Statute, 2017.
   
4. 
   International public law in questions and answers: textbook / K. A. Bekyashev, E. G. Moiseev - M .: Prospect, 2015.
   
5. 
   The law of international security (theoretical foundations of formation and development): monograph / N. I. Kostenko. - M: Yurlitinform, 2018.
   
6. 
   Chapchikov S. Yu. The law of international security and national interests of Russia at the present stage // Bulletin of RUDN University. Series: Jurisprudence. 2009.