Реферат: Economic sanctions
UNIVERSITYof WORLD(GLOBAL) ECONOMY And ÄÈÏËÎÌÀÒÈÈ
FACULTY ofthe international LAW And COMPARATIVE LEGISLATION
ON THESUBJECT 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. Theмеждународно-legal responsibility
1.1. General(common)concept of the международно-legal responsibility 6-14
1.2. Basis of theмеждународно-legal responsibility 15-21
1.3. Classificationof international
Глава-II. Economicsanctions as a measure of the responsibility for offences
2.1. Export embargo40-49
2.2.Embargo on import 50-63
2.3. Additional kindof economic
The sanctions 64-69
The conclusion 70-72
Aquestion on the sanctions, which should be applied to агрессору, until recentlydid not involve(attract) to itself of attention of wide sections and served asubject of study only of small group of the lawyers, experts on application ofthe sanctions a UN, and separate political figures. The question this seemespecially academic, that is torn off from life. But since the end of a 1935 inconnection with итало-абиссинским by the conflict, and then by beginning of thesecond world(global) war and present regional conflicts this question hasbecome most urgent. This problem appears and in внешнеполитической of activityof 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 theregional conflicts offered messages of embargo on importation of arms and rawmaterial for management of military actions in territory strugglingгосударств1.
Thequestion on the sanctions acquires a urgency in connection with allinternational conditions involved in new wars for ïåðåäåë of theworld.
Inthese conditions the consolidation of forces of countries interested inpreservation of the world, is the important problem. It can be made bystrenghtening system of collective safety, which part are the sanctions.
Asthe sanctions hinder a rule(situation) àãðåññîðà, aRepublic of Uzbekistan, being guided by the policy(politics) of the world, hassupported system of the sanctions used by the United Nations Organization.
Somelawyers by a name of the sanctions designate usually measures directed tomaintenance of observance of the law. The sanctions, as a rule, take the formof punishment for defiance of the law. A problem of the sanctions, partly ïðåâåíòèâíàÿ, as thethreat of application of the sanctions in the certain cases should keep theinfringer of the law, or àãðåññîðà, fromhis(its) agressive actions, and partly positive, as the sanctions already afterdefiance of the law, or the aggressions, are false to help to restore theinfringed balance. In the field of the международно-legal attitudes(relations)the question on the sanctions acquires a urgency there, where the speech goesabout struggle for preservation of the world. From different promptings come toa problem of the sanctions of the states which have organized a UN, andRepublic of Uzbekistan have in sphere of the international attitudes(relations)by the main problem and the purpose struggle for preservation of the world.
Inthe present research work I put to myself by a problem to analyse system of thesanctions stipulated by the Charter a UN, and to understand its(her) economicefficiency as on the basis of the general(common) analysis of conditions ofworld(global) facilities(economy), and on the basis of study of experience ofapplication of the sanctions to some àãðåññîðàì.
With this purpose the work will be conducted in two directions which havereceived the reflection in two chapters of work. Each chapter will consist ofthree sections. In the first chapter will be ïðîèññëåäîâàíû questionsof the международно-legal responsibility, general(common) concept, basis of theresponsibility and classification of international offences. In the secondchapter all kinds of economic sanctions (export embargo, embargo on import,reparation, restitution, ðåïðåññàëèè, ñóáñòèòóöèè etc.) usedto 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
Theмеждународно-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 anystate or other subject of the international law, or in connection with damage,reasons ё ííûì by thestate to other states as a result of lawful activity. In one cases these ïðàâîîòíîøåíèÿ canconcern directly only states — offender and suffering state, in other — canmention the rights and interests of all international community. Point ofview;!from the point of view of consequences these ïðàâîîòíîøåíèÿ can beexpressed for want of offences in restoration of the infringed right, inreimbursement of a material loss, in acceptance of the various sanctions andother measures of collective or individual character to the state which hasinfringed the international responsibility, and in case of harmful consequencesfor want of of lawful activity — in the responsibility to make appropriateindemnification.
Ïðàâîîòíîøåíèÿ of theresponsibility in the international law result from wrongful actions or inactivityof the state infringing his(its) international responsibility. With ó÷ ё volumethat, that the norms of the rights regulating questions of the responsibility,come in actions only for want of infringement of primary (material) norms, someauthors name ïðàâîîòíîøåíèÿ of theresponsibility as derivative, or вторичными1.
Thenorms regulating the responsibility of the subjects of the international law,differ from «main», or «primary», norms. The representative(representative) ofthe Netherlands to a Commission of the international law a UN À.Òàììåñ fairlyhas noticed, that « the main norms are those, which directly influence actionsof the states. Derivative norms are those, which concern to the responsibilityof the states, intend for assistance to practical realization in life of anessence of the international law contained in main norms » .2 is very importantto not miss from a kind, that an establishment of «primary» norm and contentsof the obligation based on it(her), — one party of business, and establishmentthat, whether that the obligation was infringed, and if yes, what should beconsequences of this infringement, — other party. Only last also is sphere ofthe responsibility as such. The establishment of norms of the international lawnamed «primary» frequently requires(demands) development(manufacture) of thevast and numerous articles, whereas the question on the responsibility isconnected to development(manufacture) rather of few norms sometimes carryinggeneral(common) character. However it is necessary to agree with remarkcontained in one of the reports of a commission of the international law a UNthat possible(probable) in this case « ëàêîíè÷íîñòü of theformulation the speech èä ё ò about a simpleproblem does not mean at all, that. Opposite(on the contrary), in connectionwith each moment âñòà ё ò set ofcomplex(difficult) questions, each of which should be considered, for all ofthem influence choice of the proper formulation » 1. The application of norms ìåæäóíàðîäíî — legalresponsibility results in occurrence of the new international legalattitude(relation), which derivates, on the one hand, responsibility of thestate — offender to stop wrongful actions to restore the infringed right of thesuffering state to reimburse of the reasons ё ííûé damage orto undergo to the sanctions, and on the other hand, right of the affected partyto require(demand) of the state — offender of fulfilment of theseresponsibilities and to receive appropriate reimbursement and satisfaction.
Thecommission of the international law a UN, attending preparation of the projectof the articles about the responsibility of the state for offences, has come toa conclusion about necessity to concentrate the efforts to researches of norms,which adjust the responsibility, and to conduct for want of it ÷ ё òêîådifferentiation between this problem and problem which consists in anestablishment of «primary» norms assigning on the state the obligation, whichinfringement can cause ответственность.1
Thecontents of the obligations, çàêðåïë ё ííûõ in«primary» norms, can be considered for want of definition(determination) of thecontents and consequences of an offence. «Primary», or main norms of theinternational law, and «secondary» norms of the ìåæäóíàðîäíî-legalresponsibility, it is necessary to consider in their interdependence and âçàèìîîáóñëîâëåííîñòè. Or else,without óÿñíåíèÿ thecontents of main norms and rights, following from them, and responsibilities ofthe subjects of the international law cannot be defined(determined) pointconsequences of their infringement and to differentiate categories of offences.
Theconsequences of infringement of the international obligation should be independence as from the contents of «primary» norms, to which the given internationalobligation is based, and from their value for all international community. Itconcerns first of all infringement of the obligations connected to maintenanceof the international world and safety, with the right on self-determination,protection of the rights of the person, protection of an environment, whichshould be considered as international crimes, that is as the special categoryof an offence.
Inthe report of a Commission of the international law about work å ё to thetwenty fifth session is spoken, that, when the problems concerningdefinition(determination) of separate categories of offences will beconsidered, « then there will be first of all main question on, whether it isnecessary now to admit(allow) existence of the distinction based onsignificance of the infringed obligation for international community, whetherand it is necessary, thus, to reveal within the framework of the moderninternational law a separate category more ñåðü ё çíûõ ìåæäóíàðîäíî-illegal äåÿíèé, which,maybe, can be qualified by international crimes » 1.
Ó÷ ё ò of allchanges, thus, acquires major significance for achievement of positive resultin êîäèôèêàöèè of normsand principles of the responsibility in the international law. Correct theirreflection is one of laws of development of the modern international law. Êîäèôèöèðîâàííûå of normand the principles of the ìåæäóíàðîäíî-legalresponsibility should fill in formed in this area of the international law ablank. In it one of problems êîäèôèêàöèè consists,in my opinion in the field of the ìåæäóíàðîäíî-legalresponsibility. In this work regarding necessary to touch questions of aterminology and to define(determine) a place of the ìåæäóíàðîäíî-legalresponsibility — in general(common) system of the international law. On the XXVsessions of a Commission of the international law has found expedient for adesignation of an offence to use expressions « ìåæäóíàðîäíî-illegal äåÿíèå »,instead of expression «äåëèêò» or othersimilar expressions, which sometimes can accept the special shade point ofview;!from the point of view of some systems of the internal right. Forexample, the expression « ìåæäóíàðîäíî-illegal äåÿíèå » pointof view;!from the point of view of French language is, probably, more correct,than the expression « the ìåæäóíàðîäíî-illegalsertificate(act) », by virtue of that reason, that ïðîòèâîïðàâíîñòüfrequently is displayed in inactivity, and the latter precisely designate bythe term «sertificate»(«act»), which on ñóòè induceson an idea on actions under it and some other reasons the commission hasdecided and for spanish language to use the accordingly term «hechointernacionalemente illicito», and for English language to keep the term«internationally wrongfull act», as the English term «act» does not cause suchassociations what this term causes in French and spanish languages.
Formersoviet ìåæäóíàðîäíî-legalliterature strongly included the term « an international offence ». Thereplacement by his(its) new term « ìåæäóíàðîäíî-illegal äåÿíèå », on mysight, is not caused by any necessity. All those reasonable reasons, which wereresulted for change of the given term on French and spanish languages, forRussian the significances have not, as the term « an international offence » inRussian is supposed both action, and inactivity and we shall use in any case ofillegal behaviour. Term « international offence » in Russian will be used fordesignation of action or inactivity, which can, according to the internationallaw to be appropriated(given) to the subject of the international law and whichthe infringement of the international obligation have basic significance forall international community represents, the term « an international crime »will be used.
Ä.Б Ëåâèí writes,that development of the international law in present period âåä ё ò toallocation in separate branch of the right of the international responsibility.This branch, in his(its) opinion, should be entered by(with) three maincategories of norms and institutes: first, norms and institutes concerning theresponsibility of the state for an international offence and determining thebasis and the form of this responsibility; secondly, norms concerning thecriminal liability of the natural persons for international преступления.1 In thesame branch, in my opinion, the responsibility of the state for damage, reasonsё ííûé shouldenter in connection with lawful activity, which follows from other basis, thaninternational law.
Thedevelopment of the international law requires(demands) in conditions of deepchanges, occurring in the world, of overcoming of considerable difficulties insearches îáùåïðèåìëåìîãî of theagreement on that, as in what area of the international attitudes(relations) itis necessary to consider(count) as the right.
Withthe purposes of maintenance of the general world and safety a UN is called topromote observance of such attitudes(relations) between the states and peoples,which for want of can be observed respect for the obligations following fromthe agreements and other sources of the international law.
1.2.Basis of the ìåæäóíàðîäíî-legalresponsibility
Thebasis of occurrence of the ìåæäóíàðîäíî-legalresponsibility of the subject of the international law is the fulfilment byhim(it) of an international offence.
Theinternational offence is an action or inactivity of the subject of theinternational law infringing norms of the international law and theinternational obligations, íàíîñÿùèå to othersubject either group of the subjects of the international law or allinternational community as a whole damage of material or non-material character(for example, sertificates(acts) of aggression, illegal restriction of thesovereignty, encroachment on territorial integrity and political independence,infringement of the obligations under the agreements and other.) 1. For want ofit the responsibility arises, as a rule, only for want of availability ïðè÷èííîé ofcommunication(connection) between illegal behaviour of the subject and causeddamage.
Thus,components of an international offence attracting behind self the ìåæäóíàðîäíî-legalresponsibility, are: action or inactivity of the subjects infringing norms ofthe international law; âìåíÿåìîñòü of anoffence of the subject of the international law; causing of damage or âðåäà to othersubject or group of the subjects of the international law.
Anyreferences of the state to the national laws and rules in the justification ofthe behaviour which has resulted(brought) in infringement of norms theinternational laws and drawing of damage or âðåäà, areinadmissible. The references to ignorance of norms of the international law oron wrong their interpretation and application also are inadmissible.Practically all international offences are made consciously, purposely, isguilty. It is impossible to justify aggression of USA against Ãðåíàäû (October,1983) and Libya (March, 1986), íàëåòû ofaircraft ÞÀÐ on citiesÇàìáèè and Çèìáàáâå (May, 1986),destruction by Israeli aircraft of iraq centre of nuclear researches (June,1981), exhibiting by American mercenaries of mines in waters and ports ofNicaragua and other similar actions by the references to necessity « protectionof life » or «interests». Especially, they cannot be issued for thesertificates(acts) of «self-defense» 1.
Theillegal actions or inactivity presenting(causing) to occurrence of the ìåæäóíàðîäíî-legalresponsibility the subjects of the international law can be made by statebodies (without dependence from their rule(situation) in system of publicauthorities and management), officials of the state acting on his(its)assignment(order) or from his(its) name, and also special bodies of the statesallocated imperous authorities and acting from his(its) name. For example,responsibility for grab by the Israeli military ships of a greek vessel (thesummer 1984) should bear government of Israel. The responsibility of the statecan come(step) behind acceptance of the law or other normative sertificate(act)contradicting to norms of the international agreement, which participant it isby, or, on the contrary, for íåïðèÿòèå of thelaw, which it was obliged to accept according to the international obligationsand which would prevent ïðîèñøåäøåå illegalevent or action.
Theresponsibility of the state arises because of inactivity of government bodiesin cases, when the duly interference of authorities could prevent wrongfulactions. USSR in USA for want of connivance of the American official persons isknown, for example, numerous cases of violence and even the armed attacks ondiplomatic representations. In such cases the state was born by(with) ё ò theresponsibility for criminal actions of the persons from among the citizens bothforeigners and their organizations both for the foreigners and for actions (andinactivity) bodies, which have not prevented illegal actions, though could andshould it make.
Theresponsibility of the state «Х» can arise and as a result undertaken on it(him)(or from it(him)) territory of illegal actions of the foreign state or his(its)bodies against the third state or group of the states. For want of it if theseactions of the foreign state are made with is driven also of consent of thestate «Х», it is the accomplice of illegal actions of the foreign state.However, if such actions are made without the knowledge of the state «Х», itbore ё ò theresponsibility only in case his(its) bodies have not displayed « necessaryvigilance » and these illegal actions of the foreign state did not stop. Isdifferently solved the problem concerning the states granting the territory forcreation of foreign military bases or accommodation of the weapon: their ìåæäóíàðîäíî-legalresponsibility for all possible(probable) dangerous consequences comes(steps)by virtue of the most legal fact — sanction to creation of military base oraccommodations of the weapon.
Theìåæäóíàðîäíî-legalresponsibility of the state can arise and for want of increase of authoritiesby state bodies or officials of the state, therefore can be has put ё í damage tothe foreign state or his(its) natural or legal persons. Inparticular(personally), the state should compensate damage for want ofinterference in the high sea in case of failure of an oil tanker undercondition of, if the measures undertaken by him(it), will exceed those, whichwere reasonably necessary for prevention, reduction or removal(elimination) ñåðü ё heatand real danger of pollution of coast нефтью1.
Foractions of state bodies, military parts and divisions during war, when as aresult of these actions the norms of the Geneva conventions about protection ofvictims of war of a 1949 and other international conventions, ðåãëàìåíòèðóþùèõ of ameans and methods of management of struggle are infringed, the responsibilitywas born by(with) ё ò the state, which posesses these bodies, military partsand divisions. The state should accept legislative, administrative and othermeasures by, that the laws and customs of war, çàêðåïë ё ííûå in theacting conventions and agreements, were punctually executed by all statebodies, military connections and military men.
Theìåæäóíàðîäíî-legalresponsibility of the subjects of the international law can come(step) not onlyby virtue of infringement of norms of the international law or obligations byagreement, but also for harmful consequences of lawful activity. She(it) cancome(step) for want of drawing of a material loss by a source of increased danger,use or which application is forbidden by the international law (so-calledresponsibility for risk).
Sourcesof increased danger are, for example, court with nuclear powerinstallations(aims) (ßÝÓ) and space objectsstarted in space space. Court with ßÝÓ carry out theactivity within the framework of freedom of navigation being a main part offreedom of the high sea, and the space objects can be started according to theAgreement for principles of activity of the states on research and use of spacespace, including the Moon and other heavenly bodies, 1967.
Asin first and in the second cases speech èä ё ò about useof sources of increased danger, the states in the contractual order have agreedto recognize compulsion of reimbursement of the material loss which has arisennot in connection with any international offence, and it isexclusively(extreme) by virtue of the fact of causing of such damage(responsibility without fault).
Inthe Convention about the international responsibility for damage, reasons ё ííûé by spaceobjects of a 1972 is spoken, that the starting state « was born by(with) ё ò theabsolute responsibility for payment of indemnification for damage, reasons ё ííûé byhis(its) space object on a surface of the Earth or air vessel in a floor ёthose » 1.
1.3.Classification of international offences
Inthe international Law all international offences it is possible will divideinto three large groups depending on a degree of their danger, scales andconsequences:
б)Criminal offences of international character;
в)Other international offences (international äåëèêòû).
Internationalcrime — especially dangerous international offence encroaching on the vitalinterests the states and nations, undermining bases of the international lawrepresenting threat to the international world and safety.
Inthe project of the articles about the responsibility of the states prepared bya Commission of the international law a UN, ïîä÷ ё ðêèâàåòñÿ, that ìåæäóíàðîäíî-legal äåÿíèå, arisingas a result of infringement by the state of the international obligation, sobasic 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 crimesconcern: aggression, ãåíîöèä, àïàðòåèä, êîëîíèàëèçì, militarycrimes, crime against humanity etc. As such crimes mention practically âñ ёinternational community, the states according to the Charter a UN have theright to accept collective measures on their suppression.
Thekinds of the armed violence used in international practice of many states areextremely diverse. Proceeding from definition(determination) of aggression fromthe facts of a history of the international attitudes(relations) after thesecond world(global) war, we can allocate the following most important kinds:
— agressive war;
-âîîðóæ ё ííûå theagressive shares, that is separate âîîðóæ ё ííûå attackswhich are not carrying of character wars or intervention;
— the input âîîðóæ ё ííûõ of forceson territory of the foreign state or îñòàâëåíèå them onthe given territory contrary to his(its) will and for interference in his(its)internal businesses (here is possible to include preservation on territory ofthe 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 territoryof other state with the purpose of interference in his(its) internalbusinesses.
Agressivewar. The most dangerous kind of the forbidden application of the armed force isthe agressive war. In the international sertificates(acts) ïîñëåâîåííîãî of periodthis term meets extremely ðåäêî. In them such terms,as « application of force », «aggression», « the armed attack » are more oftenused. If the term «war» appears in the Status of League of Nations and in theParis pact of a 1928, in the Charter a UN this term is present only in item 1of 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 4ст.2), about âîîðóæ ё ííîì an attack(51).
Inthe sentence of the International military tribunal in Nuremberg agressiveactions ãèòëåðîâñêîé ofGermany concerning Austria and Czechoslovakia is designated as «grab», concerningDenmark, Norway, Belgium, Netherlands of Luxembourg — as «intrusion»,concerning Poland, Yugoslavia and Greece — as «aggression» and in theattitude(relation) ÑÑÐ and USA — « agressive war » 1.
Inthe Geneva conventions on protection of victims of war alongside with the termsof «war», « condition of war » the term « âîîðóæ ё ííûé theconflict » is widely applied.
Inthe agreements for the mutual help, çàêëþ÷ ё ííûõ after thesecond world(global) war, term « the agressive war » does not meet, and theterm «aggression» and « âîîðóæ ё ííîå an attack» is applied.
Whether Means âñ ё it,what concept « the agressive war » can be replaced by concepts « application offorce », «aggression», « âîîðóæ ё ííîå an attack» and should not be allocated in the responsibility of a separate kind âîîðóæ ё ííîé ofaggression? By no means is not present. The agressive war is and continues toremain the kind, most dangerous and attracting the widest internationalresponsibility, âîîðóæ ё ííîé ofaggression. In spite of the fact that now from life of company, the danger ofagressive wars, both in world(global), and in local frameworks has notdisappeared. As to the responsibility for agressive war, that, as is known,before the second world(global) war the agressive war was announced by aninternational crime, and in the Charter and sentences of the Internationalmilitary tribunal in Nuremberg, in which the principles becoming thenprinciples of the international law are formulated, they are qualified as «crimes against the world ».
Theconcept of agressive war develops of two components: concept of war and conceptàãðåññèâíîñòè oraggression. However neither that, nor other concept has not the conventionaldefinition(determination) in the international law. The majority of the lawyers- международников for want of definition(determination) of concept of war therecognitions by them of a condition of war are guided by by formal criterion ofthe announcement of war, availability at the struggling parties animus belligerenti.For example, Л. Îïïåíãåéì writes: «the Unilateral violent actions, one state against other without the preliminaryannouncement of war, can be the reason of occurrence of war, but in themselvesare not war, as the opposite party does not answer them by similar hostileactions, or, at least, declaration, that they consider these actions as thesertificates(acts) of war » 1. The australian lawyer — международник Äæ. Ñòðàðê statesthe same point of view;!from the point of view of åù ёsharply. As he said, « a Nature of war in itself becomes more exact îïðåäåë ё ííîé as theformal status âîîðóæ ё ííûõ ofhostile actions, in which the intention of the parties should be adeterminative. Thus, the condition of war can be established(installed) betweentwo and more by states ïóò ё ì of theformal announcement of war, even between them active military actions » 1 nevertook place.
Itis 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 quiteoften begins military actions without any announcement of war and, nevertheless,both âðàæäóþùèå ofcountry appear in a condition of war.
Insoviet « the Diplomatic dictionary » yes ё òñÿ thefollowing definition(determination) of war: « War — struggle between the statesand classes by means âîîðóæ ё ííîãî ofviolence representing continuation of that policy(politics), which these statesor the classes conducted before war ».
Theagressive war it is indispensable çàõâàòíè÷åñêàÿ war,which âåä ё òñÿ àãðåññîðîì to seizea part of territory of the state — victim of aggression or completely todeprive of his(its) independent state existence. The agressive war isaccompanied by claims of the state — àãðåññîðà onannexation of a part or whole territory of the state being a victim ofaggression. This attribute is inherent just in agressive war, instead of allkinds of aggression. From a formal point of view;!from the point of view of thewar as against other âîîðóæ ё ííûõ of theconflicts, as a rule, is connected to break of diplomatic, consular, trade andother normal attitudes(relations) between the struggling states.
Hence,the agressive war is âîîðóæ ё ííàÿ strugglebegun 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 andaccompanying with break of diplomatic, consular, trade and other normalattitudes(relations) between these states.
Theagressive war is those irrespective of, has a place the announcement of warwhether or not. From it by no means does not follow, that the ìåæäóíàðîäíî-rules oflaw concerning war have lost force. « For the state beginning war first, thesertificate(act) of the announcement of war does not mean clearing it(him) fromthe responsibility for ðàçâÿçûâàíèå ofaggression » 1. However íà÷àòèå of warwithout the announcement aggravates this responsibility, as means infringementnot only norms about prohibition of agressive war, but also norms concerningmanagement of war.
Thelargest and typical example of agressive war is the war ãèòëåðîâñêîé ofGermany against ÑÑÐ and his(its) allies in the secondworld(global) war. After the second world(global) war some agressive wars tookplace which infortunately, have not received such qualification and appropriatecondemnation from the party a UN.
Âîîðóæ ё ííàÿintervention. Other rather dangerous kind of illegal application âîîðóæ ё ííîé of forceis frequently meeting in international practice of some states âîîðóæ ё ííàÿ theintervention, that is intrusion âîîðóæ ё ííûõ of forcesof one state on territory of other state with the purpose of interference inhis(its) internal businesses. Such intrusion frequently is undertaken tointerfere in occurring in the foreign state with internal struggle for the benefitof one of the struggling parties, or to force government of the foreign stateto undertake îïðåäåë ё ííûå of actionon a question which are included in his(its) internal competence. Can be andother purposes âîîðóæ ё ííîé ofintervention, but all of them are usually connected by interference in internalbusinesses èíòåðâåíèðóåìîãî of thestate, instead of with àííåêñèðîâàíèåì by all orpart of his(its) territory.
Âîîðóæ ё ííàÿ theintervention can accept rather wide scales, not less, than agressive war.
Inthe soviet literature the opinions expressed, that between agressive war and âîîðóæ ё ííîé byintervention « there is no difference » 1. It is impossible to agree with thisopinion. Undoubtedly, as agressive war, and âîîðóæ ё ííàÿintervention represent rather dangerous âîîðóæ ё ííóþaggression. But âñ ё they various kinds âîîðóæ ё ííîé ofaggression. Distinctions between them is, that while the agressive war isundertaken to seize a part of territory of other state or at all to deprive ofhis(its) independent state existence, âîîðóæ ё ííàÿ theintervention usually does not put such purposes. She(it) is undertaken tospread in èíòåðâåíèðóåìîì the stateóãîäíûé èíòåðâåíòó a politicalmode and government, or to impose to government èíòåðâåíèðóåìîãî of thestate will èíòåðâåíòà in sphererelating the sovereignty èíòåðâåíèðóåìîãî thestates.
Theagressive war too can put the purposes of change public and political buildingother struggling party in a favour àãðåññîðà (suchpurposes, for example, put Israel in war against the Arabian states in 1967г.),but indispensable attribute of agressive war is the aspiration to grab ofterritory of other struggling party or termination(discontinuance) of his(its)independent existence, between that âîîðóæ ё ííàÿ theintervention puts before itself the purposes connected extremely in internalbusinesses èíòåðâåíèðóåìîãî of thestate. Besides âîîðóæ ё ííàÿ theintervention can occur and without break of the diplomatic, consular and tradeattitudes(relations) between the state èíòåðâåíòîì and èíòåðâåíèðóåìûì by thestate, while such break comes(steps) always for want of availability of acondition of war, that is and when has a place agressive war.
Afterthe second world(global) war the interdiction âîîðóæ ё ííîé ofintervention was ïîäòâåðæä ё í widelyand in åù ё to themore categorical form. First of all, it(he) directly follows from a number ofthe articles of the Charter a UN: as from item 4 ст.2 forbidding threat byforce or his(its) application against territorial inviolability or politicalindependence of any state, and ст.39, providing application of theinternational sanctions in case of threat to the world, infringement of theworld and sertificates(acts) of aggression, and from ст.51, admittingapplication âîîðóæ ё ííîé of forceby the separate states only in a case âîîðóæ ё ííîãî of anattack and, hence, not admitting it(him) in other cases.
Theprinciple of non-interference in internal businesses of the state, includingthe interdiction âîîðóæ ё ííîé ofintervention, was formulated in the special article (ст.15) of the Charter ofOrganization of the American states, in which is spoken: « Any state or groupof the states under any by a pretext the rights on direct or indirectinterference in internal or external businesses of any other state » have not.The speech èä ё ò bothabout âîîðóæ ё ííîìinterference, and about any other form of interference is further spoken, that.In a 1949 the interdiction by the international law âîîðóæ ё ííîé ofintervention was ïîäòâåðæä ё íINTERNATIONAL court a UN in the decision on business about a strait Êîðôó.
Atlast, the interdiction of the armed intervention was categorically ïîäòâåðæä ё í GENERALAssembly a UN on å ё XX sessions in the declaration on inadmissibility ofinterference in internal businesses of the states, about a protection of theirindependence and sovereignty, according to which « is condemned not only âîîðóæ ё ííîå interference,but also all other forms of interference ». In the Resolution ХХI sessions №2225 from December 19, 1996 by General Assembly about a course of fulfilment ofthis declaration the Assembly again has found by the responsibility urgently tooffer to all states to abstain from âîîðóæ ё ííîãî ofinterference, no less than from the various forms of indirect interference.
Âîîðóæ ё ííûå theagressive shares. Alongside with agressive war and âîîðóæ ё ííîé byintervention, these most dangerous kinds âîîðóæ ё ííîé ofaggression, it is necessary to stay and on other å ё kinds, sometimesis rather close them contiguous. It, first of all âîîðóæ ё ííûå theagressive shares, that is âîîðóæ ё ííûå of anattack which are not having attributes inherent agressive war or âîîðóæ ё ííîé ofintervention, inherent in agressive war âîîðóæ ё ííûõ of forcesof one state on territory of other state, attack âîîðóæ ё ííûõ of forcesof one state on separate items of territory of other state or on marine and aircourt outside of his(its) territory. They can carry both individual, andsystematic character. Distinctive feature of this kind âîîðóæ ё ííîé ofaggression in comparison with agressive war and âîîðóæ ё ííîé byintervention is that such attacks are usually undertaken not for grab ofterritory of the state or interference in his(its) internal businesses, and forother purposes. More often they are undertaken that ïóò ё ì âîîðóæ ё ííîãî ofpressure to force the state to execute that or other his(its) requests àãðåññîðà.
Themost significant examples of agressive such sertificates(acts) are thesystematic bombardments from air and artillery bombardment from the militaryships âîîðóæ ё ííûìè by forcesof USA against cities and íàñåë ё ííûõ of itemsof Democratic Republic Vietnam.
Byother not less significant example âîîðóæ ё ííûõ of theagressive shares of large scale was the intrusion âîîðóæ ё ííûõ of forcesof USA on territory of neutral Cambodia in May, 1970.
Ina number of cases âîîðóæ ё ííûå theagressive shares are undertaken by some states under a pretext âîçìåçäèÿ for thevalid or seeming offences, that is under a pretext репрессалий1.
Inputâîîðóæ ё ííûõ of forceson territory of the foreign state and preservation them on it(her) for interferencein his(its) internal businesses. One of kinds of illegal application âîîðóæ ё ííîé of forceclose contiguous to âîîðóæ ё ííîé ofintervention, is the input âîîðóæ ё ííûõ of forceson territory of the foreign state contrary to his(its) will and forinterference in his(its) internal businesses. As the practice of some states,in particular(personally) facts of landing American âîéñê inLebanon and British âîéñê in Jordan in July,1958 serving with a subject of consideration III extreme sessions of GeneralAssembly a UN shows, such input âîéñê sometimesmasks by the request of dependent government. However and in these cases it(he)is rough infringement of the international law, what the intervention «byagreement» or « at the request » èíòåðâåíèðóåìîãî of thestate is, mentioned above, âîîðóæ ё ííàÿ.
Toâîîðóæ ё ííîé ofintervention the contents âîîðóæ ё ííûõ of forceson territory of other states, contrary to will of this state rather closelyadjoins. Quite often states keeping âîîðóæ ё ííûå theforces on territory of other states, ignore requests of governments of thesestates, and sometimes and resolution of bodies a UN concerning a conclusion âîéñê. So, forexample, Great Britain and France entering during the second world(global) war âîéñêà in Syriaand Lebanon, continued to keep them and on termination(ending) war (down toApril, 1946) contrary to a request of governments of Syria and Lebanon. GreatBritain, France and Israel, ïðåäïðèíÿâøèå in a 1956agressive war against Egypt, continued to keep âîéñêà onterritory of Egypt and upon termination of military actions (Great Britain andFrance till December 22, 1956, Israel — till March 7, 1957.), despite of anumber of the resolutions about an immediate conclusion âîéñê, I ofExtreme special session of General Assembly a UN and XI General Assemblies aUN.
Theexperience shows, that presence âîîðóæ ё ííûõ of forceson territory of other states contrary to will last, as we saw, in a number ofcases was direct continuation of agressive war (stay Israeli âîéñê in ÎÀÐ, Syriaand Jordan) or âîîðóæ ё ííîé ofintervention (stay belgium âîéñê in Êîíãî, Americanâîéñê in Äîìèíèêàíñêîé toRepublic), is directed against territorial integrity and political independenceof these states. Therefore it, undoubtedly, is illegal application of forceinfringing by item 4 ст.2 of the Charter a UN.
Marineblockade in peace time. A kind of illegal application âîîðóæ ё ííîé of forceis so-called « the peace blockade », that is blockade by naval forces one orseveral states in peace time. Å ё as difference from blockade made duringwar, it is accepted to consider(count) that she(it) is accompanied not byconfiscation, and only by temporary detention on period of blockade of courtsof the third states trying å ё to tear. As the history of theinternational attitudes(relations) testifies, « the peace blockade » is usuallyapplied large äåðæàâàìè as the instrumentâîîðóæ ё ííîãî ofpressure on weaker государства1. Some lawyers -международники try to prove «legitimacy of peace blockade » as to a version âîîðóæ ё ííûõ ðåïðåññàëèé,ostensibly admitted international правом2. Actually so-called « the peace blockade» is the sertificate(act) âîîðóæ ё ííîé ofaggression — in such quality she(it) and appears in the London conventions of a1933 — and certainly is forbidden under the Charter a UN both by virtue of item4 ст.2, and by virtue of ст.39.
Inperiod after the second world(global) war the largest case of application « ofpeace blockade » was so-called «quarantine» announced by government of USAconcerning Cuba in October, 1962.
Supportâîîðóæ ё ííûõ of groupsand groups on ё ìíèêîâ for intrusion on territoryof other state. At last, among kinds of illegal application âîîðóæ ё ííîé of forcethe support âîîðóæ ё ííûõ of gangsand groups on ё ìíèêîâ for intrusion onterritory of other state should be mentioned with the purpose of interferencein his(its) internal businesses, in particular(personally) with the purpose ofsuppression occurring in í ё ì íàöèîíàëüíî-îñâîáîäèòåëüíîãî ofmovement(traffic). Åù ё in the agreements about íåíàïàäåíèè, çàêëþ÷ ё ííûõ theSoviet Union with other states in 20-th and 30-th years, provided theobligations of each party to not admit and to interfere with organization andactivity on the territory âîîðóæ ё ííûõ of groupsputting by the purpose struggle on territory of other party against å ё ofgovernment, for an overthrow state building, against integrity å ё ofterritory or appropriating(giving) to themselves a role of government by all orpart å ё ofterritory. In the London conventions on definition(determination) of aggressionof a 1933 of the party consider as one of kinds âîîðóæ ё ííîé ofaggression support by the state, « rendered âîîðóæ ё ííûì to gangs,which being are formed(educated) on his(its) territory, have intruded onterritory of other state, or failure(refusal), despite of requests of the statewhich has undergone to intrusion to accept on own territory all measures,dependent on him,(it,) for deprivation of named gangs of the help or protection» (item 5 of an item. II). In the project of the code of crimes against theworld and safety of mankind accepted the Commission of the international law aUN on å ё of 6-thsession in a 1954, as one of such crimes specified « organization byauthorities of any state or encouragement by them of organization âîîðóæ ё ííûõ øàåê withinthe limits of his(its) territory for intrusion territory of other state, orassumption of use by such âîîðóæ ё ííûìè øàéêàìè ofhis(its) territory as operative base or basic point for intrusion on territoryof other state, no less than direct sharing(participation) in such intrusion orsupport those » 1.
Глава-II.Economic sanctions as a measure of the responsibility for offences
Thelegal problems of the sanctions, as we saw above, have involved(attracted) fromthe very beginning of formation(training) a UN most serious attention ofits(her) bodies both various international conferences and commissions. Thecommission of blockade recommended to prepare, and from time to time to revisethe list of the goods of military significance, defining(determining) thus ýâåíòóàëüíóþ area ofapplication of economic sanctions.
Theeconomic sanctions can accept the double form: the form of prohibition ofexport in country — àãðåññîðà of theraw goods have mainly military significance, and form of prohibition of importfrom this country. The most effective form of economic sanctions is thecomplete blockade of this country both on import, and on экспорту1. Before thathow to disassemble a question on efficiency of application of the sanctions, itis necessary even in brief features to stay on a general(common) problem ofsignificance of economic sanctions.
Weshall begin our analysis from a question on embargo on the raw goods havemilitary significance. First of all it is necessary to tell, that concept" military significance " for the raw goods rather rather. If to takeonly such raw material, which goes directly on manufacturing of a means of war,and in this case, considering extreme development of military industry, thelist will be rather wide. It is necessary to consider(count) as such rawmaterial not only products serving directly for manufacturing áîìá, ãðàíàò, bullets,guns and ò.ä:, suchgoods here concern also which are necessary for production of military planes,military courts for carriage âîéñê, letalone raw material for production of chemical means of war; at last it isnecessary to consider(count) as military raw material products necessary forproduction of regimentals for army. All this shows, that the list of rawmaterial have military significance, is in modern conditions rather wide. TheBritish royal institute on international businesses in interesting work underheading of «Sanction» schedules the following list of the mostimportant goods have military significance:
-coal and the coke — for production of steel, for power facilities(economy) andtransport, and is equal indirectly for production of explosive substances and õèêàëèé;
-petroleum — for all types of transport;
-clap(cotton) — for production of explosive substances;
-wool — necessary material for various productions have and militarysignificance;
-rubber — for various productions, mainly for electrical mechanical engineeringand transport;
-глицерин- for production áåçäûìíûõ ofgunpowders;
-iron ore and pig-iron — for production of arms, military equipment, railwayequipment and any sort of construction;
-lead — for production of arms, and also for production of acids necessary forexplosive substances;
-медь,coal, tin, êàäìèé — forproduction of the weapon, military equipment and electroindustry;
-никель- for a different sort of arms;
-aluminium (áîêñèòû) — forconstruction of planes;
-the tin — is widely used for production of explosive substances;
-platinum — for chemical preparations, in particular(personally) for want ofproduction íèòðàòîâ;
-антимоний,ôîñôàòû, ìàãíèçèò, ìàðãàíöîâûå of ore, ìîëèáäåí, âîëüôðàì, õðîì — formetallurgy;
-асбест- for mechanical engineering, for production of the weapon;
-graphite — for production and ïëàâêè ofmetals;
-силитра- important element for production of explosive substances;
-sulfur — for production of explosive substances;
-мышьяк,áðîìèí, õëîðèí,phosphorus — for chemical industry and for production poisonous газов1.
Itis impossible to recognize the list this comprehensive. From the indicatedtransfer ÿâñòâóåò, that ýâåíòóàëüíîå theembargo on exportation of raw products imposed by way of economic sanctions,inevitably mentions not only specially military production, but also productionof countries working for civilians. It is very difficult to conduct a sidebetween military and civil production. It is well-known, that during the secondworld(global) war a lot especially of peace productions fast was adapted toproduction of means of destruction. It is enough to result even simple exampleof canning factories fast adapted to production of shells. It is well-known,that the tractor factories can be used for production of tanks. The militarysignificance of factories of artificial silk (i.e. product widely used for theso peace purposes, as for example ladies' linen) also widely is known. Attemptto conduct a side between military and civil production and to limit embargoonly to raw material necessary for needs(requirements) of war, it is necessaryto consider(count) completely hopeless. From here follows, that the economicsanctions on a line of raw embargo can be effective only in the event that theimportation of raw material in country — àãðåññîðàcompletely or very considerably is reduced.
Theimportant significance has and borrowing(occupying) UN a question on change òîâàðîïîòîêîâ. Uneasyto itself to present, ÷òüå) also widely it isknown. Attempt to conduct a side between military and civil production and tolimit embargo only to raw material necessary for needs(requirements) of war, itis necessary to consider(count) completely hopeless. From here follows, thatthe economic sanctions on a line of raw embargo can be effective only in theevent that the importation of raw material in country — àãðåññîðàcompletely or very considerably is reduced.
Theimportant significance has and borrowing(occupying) UN a question on change òîâàðîïîòîêîâ. Uneasyto itself to present, ÷òèÿ, and first of allScandinavian countries considerably have expanded the import from«allied» countries on all not õâàòàâøèì ofGermany to the raw goods, and then with large profit for themselves ïåðåïðîäàâàëè thesegoods of Germany. The rough growth of import of Scandinavian countries permilitary years was directly caused by importation for resale in Germany. Notcasually Scandinavian countries have published the foreign trade statisticsonly after termination(ending) war. In practice now àãðåññîð, on whichare applied sanctions, for example Italy, receives the scarce goods via such countries,as Germany, which is inclined to support àãðåññîðà. Forstruggle with this phenomenon there is only one method. This method wasdiscussed by committee of coordination on the initiative of a French delegationmaintained by a delegation USSR, but it(he) was not accepted owing toresistance rendered to it(him) by a English delegation, which did not want tolimit English export and Germany. The method, offered by the French, wasreduced to restriction of export of goods, on which is imposed by embargo, incountries which are not accepting sharing(participations) in the sanctions,so-called normal quantities(amounts) of average export during several last" of peace years ". While such decision not принято1.
So,economic sanctions in the form of embargo on exportation of the raw goods willquite effective in the event that they will to be applied to country requiringfor importation of the foreign raw goods, all countries of the world or even bymembers a UN, for want of assistance of USA and if they will be accompanied byrestriction of export of goods, on which is imposed by embargo, in countrieswhich are not using of the sanctions.
Forwant of analysis of significance of economic sanctions and their influence on anational economy of country — àãðåññîðà, andconsequently and on its(her) ability to the further development of aggressionit is impossible to lose from a kind and general(common) significance of theexternal market for the states.
Itis well-known, that the significance of modern protectionism is, that it(he)facilitates to national monopolies preservation of a more increased price levelon a home market and extraction by them thus of superprofits. The advanceprices on a home market can be supported only under condition of restriction ofsales inside country. The exclusive excess profit is a source of cover of thelosses from dumping on the external market. The monopoly prices in turn becomethe factor of the further narrowing of a home market, reducing demand andlowering a buying power of the broad masses, and without that taking place inconditions growing îáíèùàíèÿ.Colliding with growing narrowing of the market inside country, the monopoliesare compelled to throw out the increasing quantity(amount) of products on theexternal market, where these monopolies collide with fierce resistance of thecompetitors asserting the items. It is no wonder, that for want of growingprocess of narrowing of a home market the external market for these countriesacquires the increasing significance.
Forunderstanding of dependence of the advanced country from export it isabsolutely not enough to define(determine) the so-called export quota of thisor that country. For example, though USA have the lowest of all industrialcountries of the world the export quota, however this quota is extremelyvarious in application to separate branches of facilities(economy). Íèæåïðèâîäèìûå the datashow, that the export quota made in 1989 on such leading branch for ïëàíòàòîðñêèõ ofstaffs(states), as a clap(cotton), 54,8 % and on such leading branch for thewhole facilities(economy) of USA, as automobiles, 14%. Hence, though ingeneral(common) production of USA only 8-10 % fall on export, the importance ofexport for separate branches of facilities(economy) of USA is incommensurablemore than these conditional figures. The data for 1989г. (in %) хлопок-54,8;табак-41,2; writing машины-40,1; медь-30,0; шмальц-33,3; lubricant масла-31,0; òèïîãðàôè÷åñêèåмашины-29,2; sewing машины-28,0; agricultural машины-23,3; локомативы-20,8;автомобили-14,0) 1.
Thoughthe general(common) export quota of industrial production of Germany makes20-25 %, the valid significance of export for german facilities(economy) willbe even more. It is enough to tell, that on production of toys, musical tools,on the point mechanics and optics the export quota of Germany makes more than50 %, on chemistry and electronics — from 30-50 of % etc. Let's recollect, thatin 1990-1991гг. From all industrial production of Germany only 20 % wasconsumed by(with) its(her) agriculture. On a home market any of the modernadvanced countries cannot find the market, which could replace the dropping outexternal market. Therefore it is obvious, that the sanctions used to importfrom country àãðåññîðà, shouldresult in most serious shocks in a national economy of this country. By losingexport, this country will fail to find of sufficient replacement on the homemarket. It means curtailing production, growth of unemployment, increase ofcrisis in an agriculture. The importance of these sanctions is increased,certainly, depending on a share(!long) of export in internal production onmajor branches of facilities(economy) appropriate countries. From this point ofview;!from the point of view of the sanctions of a similar sort would to thegreatest degree mention such countries, as Great Britain, Germany and Japan,and in the least degree such countries, as USA and France. However, we repeat,there is no such country, which without frustration national could appear, evenon time, is perfect without the external market. Is clear, that the efficiencyof the sanctions in this respect depends on the marked above conditions oftheir application by all or majority of countries.
1.2.EMBARGO ON IMPORT
Theeconomic sanctions in the form of prohibition of import from country — àãðåññîðà have bythe problem deprivation of country, on which are applied sanctions, legaltenders necessary for import. The efficiency of these sanctions depends on thefollowing circumstances: 1) .îò that, in what measure the country — àãðåññîð requiresimport; 2) .îò that, inwhat measure she(it) possesses other sources for payment in the form ofreceipts under the so-called invisible articles of a balance of payments.
Theexperience of the last years has shown, that the import of country can besubjected to significant reductions.
Duringthe second world(global) war from the nomenclature of import of strugglingcountries the fancies have disappeared, the import of consumer goods wassharply reduced. All this occurs as a result of downturn of a scale of living,compression of a home consumption of the broad masses. Simultaneously there issome expansion of import of main kinds of raw material necessary for militaryproduction and production, connected to the militarian. Import under thearticles of военно-raw significance, which production äåôèöèòíî incountry especially is increased. This implies, that the countries to thegreatest degree dependent on foreign import of the raw goods, in the leastdegree are capable to reduce import. In this connection we shall stay on thecharacteristic of import of such country, as Iraq in 1994, when this import isalready compressed by conditions ïðåäâîåííîé of aconjuncture (we are founded(established) on the tables contained in statisticsof international trade after 1994, issued a UN). Iraq on the basis of thefurther downturn of a scale of living of the workers has reduced and can evenmore reduce the import of food products, furs, even of tobacco, but she(it)cannot even more reduce import of ore, ìåäè, mineraloils, wool, silk, clap(cotton) and ëüíà. Aminimum the third of present iraq import should be saved for want of sharpestreduction of importation in Iraq. Uneasy to itself to present, that in theseconditions the complete termination(discontinuance) of export from Iraq evenfor want of preservation of foreign trade at a level of one third can seriouscomplicate a rule(situation) of country.
Forvaluation of the economic importance ýâåíòóàëüíîãî theapplications of the sanctions to Iraq need to be taken into account specificorganization âíåøíåõîçÿéñòâåííûõ ofcommunications(connections) of this country. Having insignificant gold reservesand requiring large raw and food import, Iraq has constructed thecommunications(connections) with the majority of countries of the world (exceptUSA) on áåçâàëþòíûõ accounts,on the basis of the clearing agreements. Thus import of Iraq is paid byextremely its(her) export, moreover, the import of Iraq from the given countryis paid as a rule, export to the same country. This specific feature âíåøíåõîçÿéñòâåííûõ ofcommunications(connections) of Iraq hinders transferring its(her) import fromone country on other. It means, that the prohibition of export from Iraq in thecertain group of countries is for facilities(economy) heavy impact, as thatprohibition automatically means for Iraq the termination(discontinuance) ofimport from this group of countries and respective import relief and all supplyof iraq import and all supply iraq хозяйства1.
Ifwe shall take Japan, the picture will be approximately same, with that onlydifference, that necessary import of Japan by virtue of some more greaterits(her) dependence on the external market will be $much more(greater) and willmake not less than halves of present import. The truth, import of aclap(cotton), which makes a third of all import of Japan, in case ofapplication to Japan of economic sanctions would undergo to strong reduction,as the clap(cotton) this goes in the significant part on production of cottonfabrics for export. The reduction of export would result in import relief underthis article. Nevertheless for want of of existing dependence of Japan on theexternal world we consider(count), that, evaluating necessary import of Japanin 50 % of its(her) normal import, we do not miss true.
Inthe same rule(situation) there is a majority of countries of the world, exceptfor Great Britain, USA and partly of France, and also several small countries(Holland, Belgium, Switzerland), which, being the creditors of the world, havethe active articles of a balance of payments in the form of receipts under thecredits, given by them. These active articles can in turn limited toapplication of the sanctions in the form of temporary suspension of payments ondebts of old standing.
Someappreciable investments abroad possess only Great Britain, USA and France. Theinvestments of other states are rather insignificant. It is necessary also totake into account difficulty of mobilization of these capitals in case ofnecessity, and also aspiration separate êàïèòàëèñòîâ, engagingthese investments to evade from transfer to their government.
Theefficiency of prohibition of import from country — àãðåññîðà,prohibition depriving this country legal tenders, can have an effect not atonce, if countries — àãðåññîðà havesignificant investments abroad or significant stocks of gold, which she(it) canrealize(sell) and to use for payment of the import. Significant gold reservespossess first of all USA and France, and then Great Britain and small countries- Belgium, Holland both Switzerland. Germany and Italy some appreciable stocksof gold have not. The stocks these cannot be filled up with internal productionof gold, as this production is distributed on other countries.
Itgoes without saying, that the efficiency of prohibition of import from country- àãðåññîðà dependson generality(universality) of this measure. If this measure will not beapplied by the majority of countries of the world, she(it) will appear muchless effective. It is known, that on the members the UN on the average isnecessary approximately 88 % of world(global) trade.
Thesanctions on the idea should induce àãðåññîðà to stopaggression; they should deprive of his(its) means for continuation ofaggression. It is possible only in the event that the raw embargo will deprivecountry — àãðåññîðà of themost essential means necessary for continuation of war. The country, by whichthe embargo is applied, should require import raw material have paramountsignificance. Only in that case of economic sanctions can be effective. Itmeans, that the efficiency of the sanctions is increased in a proportion ofgrowing dependence of this or that country from foreign sources of rawmaterial.
Perfectlyunderstanding it, ýâåíòóàëüíûå àãðåññîðû, first ofall Germany, and then Japan and Italy accepted intensive measures for creationof independence of the country from world(global) facilities(economy), forreception inside country of the foodstuffs and raw material necessary formanagement of war. Despite of these successes, it is possible definitely totell, that there is no country, which would not depend on foreign raw import.
Determiningsignificance in the world(global) coal market have USA, Great Britain andGermany. Despite of it is have a rather insignificant mineral industry, Polandin view of narrow capacity of a home market is also big exporter óãëÿ. Theimportant place in the coal market is taken by(with) Russia, which export,truth, is insignificant owing to a huge home consumption.
Oniron ore the world(global) manufacturers — France, Russia and USA. Howeverproduction of USA hardly(with an effort) covers a home consumption, and onexport nothing acts(arrives).
Adetermining role on world(global) õëîïêîâîì themarket belongs to USA, India, Egypt and Brasil. The large manufacturer is aswell China, which consumption is great.
Ona wool the large manufacturers — Australia, Argentina, ÞÀÐ, NewZealand and USA. The production of USA completely is consumed by a home market,and this country is import ё rum of a wool.
Inthe market of aluminium the leading role belongs to USA, Germany, France,Norway, and also Canada.
Onantimony the determining role belongs to China.
Onàñáåñòó theworld(global) manufacturers — Canada, Russia, ÞÀÐ.
Onáîêñèòàì themanaging role in the market is taken by(with) France, partly USA. The largestmanufacturers are also Italy and Yugoslavia.
Onõðîìîâîé the orebehind Russia as the large manufacturer is followed by(with) Turkey. Anessential role plays also New Êàëåäîíèÿ.
Onìåäè the largemanufacturer are by USA, the significant production is present also in Canadaand Chile.
Onôîñôàòàì themanaging role belongs Ñîåäèí ё ííûì toStaffs(states), France and Germany.
Onlead the managing role belongs to Canada, Australia and Mexico. The productionin Ñîåäèí ё ííûõStaffs(states), France and Germany is significant.
Onlead the managing role belongs to Canada, Australia and Mexico. The productionin Ñîåäèí ё ííûõStaffs(states) and then in Spain and Germany is significant. However, thisproduct is present in the majority of countries.
Themanganese in a fair quantity is present only in Russia and India.
Íèêåëü mainly ispresent in Canada. The rather significant production is present at France — InNew Êàëåäîíèè.
Thesulfur is present mainly in Ñîåäèí ё ííûõ Staffs(states)and Italy.
Ïèðèòû aredistributed between sets of countries of the world.
Âîëüôðàì ispresent mainly in China and India.
Zinc- at a fair quantity of countries, including at Germany.
Êàäìèé — in USA,Mexico, Canada, Australia and in France.
Mercury- in USA, Italy and Spain.
Platinum- in Russia, and also in Colombia, Canada, ЮАР1.
Fromíèæåñëåäóþùåãî oftransfer it is visible, as the dependence on the foreign market of separatecountries on îïðåäåë ё ííûì to thegoods is great.
GreatBritain on a clap(cotton), antimony, àñáåñòó, áîêñèòàì, õðîìîâîé to ore, ìàãíåçèòó,manganese, mercury, ìîëèáäåíó, íèêåëþ,platinum, rubber, sulfur — complete dependence on the foreign market; ongraphite, lead, petroleum, tin, âîëüôðàìó, wool,zinc — almost complete dependence.
Franceon õðîìó,clap(cotton), ìàãíåçèòó, íèêåëþ, rubber,tin, âîëüôðàìó — complete dependence; on ìåäè, graphite, lead,manganese, petroleum, sulfur, wool, zinc — almost complete dependence; onantimony and óãëþ — significant dependence.
Germanyon áîêñèòàì, õðîìó,clap(cotton), mercury, platinum, rubber, tin, âîëüôðàìó, wool — significant dependence.
Italyon õðîìó, íèêåëþ,platinum, rubber, tin and âîëüôðàìó — complete dependence; on óãëþ, ìåäè,clap(cotton), iron, lead, manganese, petroleum, wool, zinc — almost completedependence.
Japanon áîêñèòàì,clap(cotton), íèêåëþ, rubber,wool — complete dependence; on antimony, iron, lead, ìàãíåçèòó, mercury,petroleum, platinum, tin, âîëüôðàìó, zinc — almost complete dependence.
Polandon àíòèìîíèþ, áîêñèòàì, õðîìó, ìåäè,clap(cotton), graphite, ìàãíåçèòó,manganese, mercury, íèêåëþ, platinum, rubber,tin, âîëüôðàìó — complete dependence; on iron and wool — significant dependence.
Ñîåäèí ё ííûå Staffs(states)on antimony, íèêåëþ, rubber,tin — complete dependence; on õðîìó andmanganese — significant dependence.
Oftheir analysis âûøåïðèâåä ё ííûõ of thedata follows, that main countries have in the hands the control of major rawbranches, is Great Britain, USA, Франция1.
Theanalysis supports all ïðèâåä ё ííûõ of thedata the assumption, put forward by us,, that any country is not completelyindependent from world(global) facilities(economy). USA possess main sources ofraw material, however and this country depends on foreign importation undersuch decisive articles of military import, as íèêåëü, rubberand tin. Is characteristic, what exactly these raw branches almost completelyare supervised by the main contender of USA — England. On the other hand,England having in the world rather greater independence, âñ ёrepresents compact íàðîäíî — economic whole. Âñ ё it can result that in large war with thepowerful contender, engaging strong fleet, British empire as the unity can turnto fiction. Between that Great Britain depends on world(global)facilities(economy) almost on all major raw branches, since a clap(cotton) andfinishing rubber and petroleum.
Thus,despite of all àâòàðêè÷åñêèå óñòðåìëåíèÿ ofcountries preparing to new world(global) áîéíå, it wasnot possible by him(it) till now it will be not possible hereinafter îñòè÷ü of stableindependence of world(global) facilities(economy). The limits àâòàðêè÷åñêèì óñòðåìëåíèÿì are fixedlargely ðèðîäíûì bydistribution of natural riches. The successes of a science have managed to acertain extent ìÿã÷èòü thisnatural division of labour. So, already there is a synthetic petroleum, rubberand apparently synthetic clap(cotton). However seller's price of theseproductions a synthetic clap(cotton). However seller's price of theseproductions in the world åù ё does not allow completely toreplace natural kinds of raw material synthetic. Furthermore(in addition to)and the modern science åù ё has not reached completereplacement of all kinds of raw material artificial or substitutes. As far asit is known, åù ё thereplacements for example such colour metals, as tin and íèêåëü have notfound to themselves.
Takinginto account these circumstances, ýâåíòóàëüíûå àãðåññîðû go notonly on a line of expansion of internal production of scarce kinds of rawmaterial and experimental ïîñòàíîâêè÷åñêèé aclap(cotton). However seller's price of these productions in the world åù ё doesnot allow completely to replace natural kinds ñû
Ðüÿsynthetic. Furthermore(in addition to) and the modern science åù ё has notreached complete replacement all
Хkinds of raw material artificial or substitutes. As far as it is known, åù ё thereplacements for example such colour metals, as tin and íèêåëü have notfound to themselves.
Takinginto account these circumstances, ýâåíòóàëüíûå àãðåññîðû go notonly on a line of expansion of internal production of scarce kinds of rawmaterial and experimental ïîñòàíîâêáùåíèé.Opposite(on the contrary), such countries, as Italy, Japan and Germany, in viewof availability in these countries of the powerful productive device for wantof of poverty by natural raw resources would be essentially constrained in theactions by application of embargo on main kinds of raw material.
Forwant of application of embargo on raw products it is necessary to take intoaccount, first, generality(universality) of a used measure and, secondly,availability in country of stocks of raw material. The members a UN, as ÿâñòâóåò from theanalysis of the mentioned above data, supervise from major kinds of rawmaterial only tin, íèêåëü and rubber. Butalready without USA and Egypt it is impossible with complete efficiency toapply economic sanctions on a clap(cotton); without USA it is impossible to usesanctions on petroleum, ìåäü and sulfur; withoutGermany and partly USA (though here production óãëÿ in mainis consumed inside country) it is impossible to apply embargo on a corner;without USA and Germany it is impossible to apply embargo on iron, steel, zincand lead; without USA and Italy it is impossible to apply embargo on mercury.
Thus,the main role of USA and significant role of Germany in the market of the majorraw goods is ñåðü ё çíûì anobstacle for effective application of economic sanctions a UN.
Thequestion on stocks of raw material has essential significance: if for exampleon petroleum it is difficult because of necessity to have extremely îáú ё ìíûå ofstorehouse to create stocks more, than on some months, already on ores iron andmanganous, on colour metals etc. it is possible to prepare stocks on someyears. It weakens significance of economic sanctions, which in this case canonly complicate long and " large war " for country — àãðåññîðà, butcannot prevent military actions àãðåññîðà in thefirst time.
Summarizingall told, the rather effective means in a case is possible to come to aconclusion, that economic sanctions in the form of prohibition of import fromcountry — àãðåññîðà -:
1).If the structure of import of the given country is those, that the significantshare(!long) it(him) is taken by(with) raw products, which importation almostcan not be ñîêðàù ё í;
2).If the structure of the payment ё æíîãî ofbalance of this country is those, that she(it) does not possess instead ofdropping out export of the significant payment ё æíûìè meansunder the invisible articles;
3).If this country does not possess significant stocks of gold and precious metalsand does not extract at itself;
4).If she(it) does not possess abroad easily sold investments;
5).If in import of this country the significant sharing(participation) is acceptedby(with) countries which are applying sanctions.
Ïðèâåä ё ííûé theanalysis is higher proceeds from that rule(situation), that all members a UNparticipate in the sanctions.
2.3.Additional kinds of economic sanctions
Thesanctions are compulsory measures used to the state — infringer. They can beapplied by international organizations (universal and regional), group of thestates or separate of государствами1.
Thesanctions for an encroachment on the international world and safety arestipulated in an item 39, 41 and 42 Charters a UN.
Thesanctions as the form of compulsion are applied only in case of fulfilment of aheavy international crime. It is impossible to consider(count) application ofthe sanctions in other cases lawful, for, in essence, the sanctions arereaction to deliberate fulfilment of illegal actions or deliberate causing âðåäà. For thesecond world(global) war to the states — àãðåññîðàì wereapplied the political and economic form of the sanctions. So, afterunconditional êàïèòóëÿöèè ãèòëåðîâñêîé ofGermany according to the Declaration from June 5, 1945 allied äåðæàâû haveundertaken functions of a supreme authority, have carried out its(her)disarmament and äåìèëèòàðèçàöèþ,liquidated and have forbidden íàöèñòñêèå oforganization. In Germany was established(installed) îêêóïàöèîííûé a mode.
Theeconomic sanctions are applied in case of infringement by the state of theinternational obligations connected to causing of a material loss or for thesertificates(acts) of aggression. She(it) can be expressed in the form of anexport embargo, embargo on import, complete embargo, and also reparations,restitutions, ðåïðåññàëèé and ñóáñòèòóöèé.
Thereparations — represent reimbursement of a material loss in money terms, goods,services. Volume and kind of reparations, as a rule, are applied on the basisof the international agreements. The sum of reparations. Usually, issignificant less than volume of damage caused by war. For example. Under thedecision of a Crimean conference of a 1945 of a reparation from Germany havemade only 20 ìëðä. Dollars.The agreement on the termination(discontinuance) of war and restoration of theworld in Vietnam from January 27, 1973 obliged USA only to introduce " thecontribution in çàâëå÷åíèå of woundsof war and ïîñëåâîåííîåconstruction of Democratic Republic Vietnam and all Indochina " 1.
Restitution- this return in a nature of property wrongfully withdrawed and exported by thestruggling state from territory of the opponent. For example, according to thePeace agreement between allied äåðæàâàìè and Italyfrom February 10, 1947 Italy has undertaken to return " in possible theshortest term the property exported from territory any Incorporated Nations" 2.
Objectof a restitution can be also returning of the wrongfully seized or wrongfullydelayed property in peace time, that is outside of communication(connection)with military actions.
Aversion of a restitution is ñóáñòèòóöèÿ. She(it)represents replacement of the wrongfully destroyed or damaged property,buildings, art values, personal property etc.
Ðåïðåññàëèè (unaided)are lawful compulsory actions of one state against other state. Ðåïðåññàëèè are appliedby one state in reply to wrongful actions of other state with the purpose ofrestoration of the infringed right. They should be proportionate to the causeddamage and that compulsion. Which is necessary for reception of satisfaction.
Ðåïðåññàëèè can beexpressed in a complete or partial break of the economic attitudes(relations),railway, marine, air, mail, telegraphic, radio or other messages, and also inbreak of the diplomatic, trade and economic attitudes(relations), embargo onimportation of the goods and raw material from territory of the state — infringer etc.
Ðåïðåññàëèè should beterminated on receipt of satisfaction. The modern international law forbidsarmed ðåïðåññàëèè as ameans of the resolution of disputes and разногласий1.
Inthe international law to reimbursement is subject the valid material loss(direct and indirect). The missed profit is not usually reimbursed.
Itis exclusively(extreme) on the basis of the agreements there is such version ofthe economic responsibility, as absolute. Or objective, responsibility. Thespeech in this case goes about the responsibility arising without dependencefrom fault ïðè÷èíèòåëÿ ofdamage, that is for damage caused during lawful activity.
Itis necessary to the affected party to provick only direct ïðè÷èííóþcommunication(connection) between action (inactivity) and ущербом1.
Thereis a concept of contractual restriction of the absolute liability on the sumwhich is being a subject to reimbursement. In the agreement the limiting maximumsum of indemnification which is being a subject to payment to the affectedparty almost always is underlined. For example, the maximum sum ofreimbursement is stipulated under the Convention on reimbursement âðåäà, causedby a foreign air vessel to the third persons on a surface, 1952 " as aresult of fall of an air vessel " 2.
Inthese cases the affected party cannot apply for reception of the sum exceedingan established(installed) limit, even if the actual damage exceeds this sum. Atthe same time the maximum limit is paid not automatically: if the sum of theproved damage is lower than this maximum, the affected party can apply forreception only her(it).
Thecontractual restriction of the responsibility on the sum represents some kindof protectionism in relation to use of engineering being a source of increaseddanger, but necessary in interests of the people (aircraft, atomic engineeringetc.). In this case there is a distribution of burden of the losses arising asa result of damage, between the dissatisfied party and ýêñïëóàòàíòîì of asource of damage.
Thecontractual establishment of the absolute responsibility guaranteesreimbursement of damage suffering even in the event that ïðè÷èíèòåëü of damagerefers that all his(its) actions were not infringement of the right.
Theproblems of application of the international sanctions are specific, are rathercomplex(difficult) and ìíîãîãðàííû. Theprogressive development and êîäèôèêàöèÿ of normsand principles of the responsibility in the international law requires(demands)the analysis and coordination of many questions, each of which should beconsidered and ó÷ò ё í so that correctly and full to reflectchanges in this area of the international law, which have taken place in thelast time.
Thecorrect reflection of these changes is law of development of the moderninternational law. The necessity of special research of problems êîäèôèêàöèè bothprogressive development of norms and principles of ìåæäóíàðîäíî-deterrentsof law is dictated by the increased role of the international law as a legalbasis of the international attitudes(relations), increase of his(its)efficiency in business of consolidation of the world and safety, in the decisionof major problems of a civilization.
Atthe present stage existence of the independent sovereign states theinternational attitudes(relations) are displayed as ìåæäóíàðîäíî-legal,basing on the legally fixed principles and norms of behaviour of the states.The functions of the international law consist in normative fastening of therights about the responsibilities of the states arising during their dialogue.The international law should be considered in quality íàäñòðîå÷íîé of acategory not above one international economic attitudes(relations), and abovethe international attitudes(relations) in a broad sense, covering all set ofthe attitudes(relations) between the states and peoples. Scientificallyreasonable use of the ìåæäóíàðîäíî-rules oflaw and principles enables not only actively to influence the internationalattitudes(relations), but also largely to direct their course.
Intoa problem of the international law enters not only establishment of the rulesof behaviour of the states in this or that area of their internationalactivity, but also development(manufacture) of norms and principlesguaranteeing observance of these rules. One of major and tested ìåæäóíàðîäíî of legaltools in this business is the principle of the international responsibility ofthe states and other subjects of the international law for infringement oftheir international obligations, and also for harmful consequences for want ofof lawful activity in separate spheres of interstate cooperation.
Thedevelopment of the international law represents integrally interconnectedprocess of an establishment and modernization both rules of behaviour of thestates, and norms and principles ensuring their observance, includingapplication of international economic sanctions. However now of this unity isnot observed. In development of norms and principles of the internationalsanctions in the international law the blank was formed. Norms and principlesof the ìåæäóíàðîäíî-legalresponsibility of the states not êîäèôèöèðîâàíû, thoughsuch necessity has ripened already for a long time. To fill in this blank anessential problem of the modern international law. It is possible withoutexaggeration to tell, that êîäèôèêàöèÿ and theprogressive development of norms and principles of application of the sanctionscan serve as the important condition hereinafter progressive development of theinternational law as a whole.
Tothe states is not indifferent, in what direction, by what criteria and in whatvolume will êîäèôèöèðîâàíû and was progressivelybe advanced norm and principles of application of the international sanctions.On the correct decision of these questions depends, what influence these normsand the principles will render on ñóäüáû of theworld, on the decision of problems of interstate cooperation, on the furtherprogress of mankind.
I.the Managing literature:
1.Êàðèìîâ È.À. Ourpurpose: a free and prospering native land. "Ò" -1996. Ò-2.
2.Êàðèìîâ È.À. On a wayof creation. "Ò" -1996. Ò-4.
3.Performance(statement) of the President of a Republic of Uzbekistan on specialsolemn meeting of General Assembly a UN in a case of the fiftieth anniversaryof the Incorporated Nations, October 24, 1995.
4.Performance(statement) of the President of a Republic of Uzbekistan Èñëàìà Êàðèìîâà onTashkent meeting — seminar on safety and cooperation in Central Asia. Tashkent,September 15, 1995.
5.Performance(statement) of the President of a Republic of Uzbekistan on
48-thsessions of General Assembly a UN. New York,
6.Performance(statement) of the President of a Republic of Uzbekistan È.À. Êàðèìîâà at aBudapest meeting ÑÁÑÅ in âåðõàõ.December, 1994.
1.Charter a UN from a 1945.
2.Convention on the international responsibility for damage caused by spaceobjects from a 1972.
3.Agreement for principles of activity of the states on research and use of spacespace, including the Moon and other heavenly bodies from a 1967.
4.Geneva convention on protection of victims of war against a 1949.
5.International convention concerning interference in the high sea in case offailures presenting(causing) to pollution by petroleum from a 1969.
6.Convention a UN under the maritime law from a 1988.
1.Ëåâèí Ä.Б. Theresponsibility of the states in the modern international law. "Ì"-1966.
2.Êóðèñ Ï.Ì.International offences and responsibility of the states. «В» -1973.
3.Êîëîñîâ Þ.Ì. Theresponsibility in the international law. "Ì" -1975.
4.Âàñèëåíêî Â.À. Theresponsibility of the states for international offences. «К» -1976.
5.Øóðøàëîâ. Â.Ì.International ïðàâîîòíîøåíèÿ.
6.Ôàðóêøèí Ì.Õ. The ìåæäóíàðîäíî-legalresponsibility. "Ì" -1971.
7.Áîðèñîâ Ä. of theSanction. «Л» -1936.
8.International law. "Ì" -1987.
9.Dictionary of the international law. "Ì" -1982.
10.International law. "Ì" -1995.
IY.The literature in foreign language:
1.Oppenheim L. International Law. «B» -1973.
2.Starke J. An Intrduction to International Law. «L» -1978.
3.Verdross A. Voelkerrecht. «B» -1986.
4.Colbert E.S. Retaliation in International Law. " N.Y. "-1948.
5.Brierly J. The law of Nations. «L» -1987.
6.Annuaire de la Commission du droit international. «P» -1970.
Y.The journal and newspaper articles:
1.Хал = сызи. October 27, 1995.
2.Ызбекистон овози. September 16, 1995.
3.Soviet year-book of the international law 1960.
4.Soviet state and right. 1969., № 12., Стр-122.
5.New time. 1967., № 24., Стр-6.
1Look more in detail. Performance(statement) of the President of a Republic ofUzbekistan on special solemn meeting of General Assembly a UN in a case of thefiftieth anniversary of the Incorporated Nations, October 24, 1995.Performance(statement) of the President of a Republic of Uzbekistan ИсламаКаримова on Tashkent meeting — seminar on safety and cooperation in CentralAsia, September 15 1995г. Performance(statement) of the President of a Republicof Uzbekistan on 48-th session of General Assembly a UN. New York, 28-September1993г. Performance(statement) of the President of a Republic of Uzbekistan И.А.Каримова at a Budapest meeting СБСЕ in верхах. December, 1994.
1See. In the book Â.À. Âàñèëåíêî « theResponsibility of the state for international offences » these offences arenamed ðåãóëÿòèâíî îõðàíèòåëüíûìè.
2See. Annuaire de la Commission du druit international 1969. «N.Y.» 1970, Vol.1., P.117.
1See. The report of a Commission of the international law on work å ё of thetwenty fifth session (May 7 on July -13, 1973). — dock. A UN А\9010, 23июня1973г., page 30.
1See. The report of a Commission of the international law on work å ё of thetwenty fifth session, page 20.
1See. The report of a Commission of the international law on work of the twentyfifth session, page 26.
1See. Левин Д.Б. Urgent problems of the theory of the international law. «М» — 1974, page 102.
1 See. Theinternational law. «Ì» -1987. Page 169.
1 See «International life ». 1993., № 2., Page 37.
1See. The international Convention concerning interference in the high sea incase of failures presenting(causing) to pollution by the petroleum Ст.1.
1See. The conventions on the international responsibility for damage, reasons ё ííûé by spaceobjects Ст.2.
1 See. Thedictionary of the international law. «М» -1986. Page 308.
1 See. Ïîëòîðàê À.È.Nuremberg process. «Ì» -1977. Page 144.
1 See.Oppenheim L., International Law, vol. II, pp.202-203.
1 See.Starke L. An Intrduction Law, vol. II, pp.202-203.
1 See « aRate of the international law », ò. II, page 123.
1 See. Øàðìàçàíàøâèëè Ã.Â. From theright of war to the right of the world, page 66.
1See « Institut de droit international. Tableau qenerale des resolutions(1873-1956)», Bale » -1978, p.168.
1 See «the Soviet state and right », 1964, № 4., page 94 and trace.
2 See.Starke L. An Intrduction Law, vol. II, pp.344-345.
1See « General Assembly. The official reports. The ninth session », Addition №9, page 11.
1 See. Áîðèñîâ Ä. of theSanction. Page 45.
1 See.Cанкции. «L» -1994 Cтр.34-35.
1 See.Борисов Д. of the Sanction. Page 55.
1 See«American Journal of International Law», vol.50, 1996, № 3, p.530.
1 See" International life ", 1995., № 2., page 14.
1See " a statistical Year-book of the Incorporated Nations " for1990-1995гг.
1See " a statistical Year-book of the Incorporated Nations " for1990-1995гг.
1 See. Theinternational law. "Ì" -1987. Page 175.
1See. The agreement on the termination(discontinuance) of war and restoration ofthe world in Vietnam from January 27, 1973. Ст.21.
2See. The peace agreement between allied äåðæàâàìè and Italyfrom February 10, 1947. Ст.75.
1 See. Thecharter a UN from Ст.2. Item 3.
1See. The international law. "Ì" -1995. Page 261.
2See. The convention on reimbursement âðåäà, causedby a foreign air vessel to the third persons on a surface from Ст.49.