Legal regulation of institutions of guardianship and guardianship. United Nations and Decolonization Issues

International organizations are created to solve specific political problems in accordance with the provisions international law and on the basis of an agreement between the participants. Their most important tasks are to ensure collective security member countries, preventing the development conflict situations, influence on the complex solution of political, economic and social issues.

characteristic of the second half of the 20th century. was the growth of regional interstate organizations and their transformation into international ones due to the entry of countries located in other regions. A special place among international organizations occupied by the United Nations (UN).

United Nations was established on October 24, 1945 by the 51st country in order to preserve peace, development international cooperation, ensuring collective security (Fig. 46).

Rice. 46. ​​UN Headquarters in New York (USA)

As of January 1, 2012, the UN included 193 independent states, including Kiribati, Nauru and Tonga that joined in 1999 and Tuvalu and the Federal Republic of Yugoslavia in 2000, Switzerland and East Timor in 2002, and in 2006 - Montenegro, in 2011 - South Sudan(Fig. 45).

When joining the UN, a state assumes the obligations set forth in the Charter, which reflects the principles international relations and the main goals of the UN:

• maintain international peace and security;
• develop friendly relations between nations;
• to carry out international cooperation in solving international problems;
• to encourage respect for human rights and to be a center for the concerted action of nations in the pursuit of these common goals.

If the state does not fulfill its obligations, then it is recognized as illegitimate (i.e. illegal) and can be excluded from the UN. For example, Taiwan until 1971 represented China in the UN, and the PRC itself was actually outside the UN for more than 20 years from the date of its formation. In 1971, at the request of the PRC, Taiwan was expelled from the UN, although it has all the attributes of an independent state.

For the policy of apartheid, South Africa in 1974 lost the right to participate in meetings General Assembly and was restored to its rights only in 1994.

The United Nations is not a world government and does not adopt laws, but it has powerful levers for resolving political conflicts: troops, financial resources generated from contributions from participating countries.

According to the UN Charter, member countries that are in arrears in the payment of monetary contributions are deprived of the right to vote in the General Assembly.

The main organs of the UN are the General Assembly, the Security Council, the Economic and Social Council, the Trusteeship Council, the International Court of Justice.

General Assembly. All members of the UN are represented in it, each state has one vote. Decisions on important issues such as maintenance international peace and security, the admission of new members or the approval of the UN budget, including the budgets for peacekeeping operations, are adopted by a 2/3 majority vote. Decisions on other issues are taken by a simple majority of votes. The Assembly's recommendations are a reflection of world public opinion.

Security Council is responsible for maintaining international peace and security and can be convened at any time when a threat to peace arises.

The Council consists of 15 members. Five of them - China, the Russian Federation, the United Kingdom, the United States and France - are permanent members. The remaining 10 members of the Council are elected by the General Assembly for two years on regional quotas - five seats for Asia and Africa, one for of Eastern Europe, two - for Latin America, two - for Western Europe. Decisions of the Council are considered adopted when the votes of nine of its members are cast in favor of them. However, a decision cannot be made even if one of the permanent members votes against, i.e., uses his veto. Council decisions are binding on all Member States.

In the event of a war, the Council makes efforts to end it, it may also send peacekeeping mission. The Council can impose economic sanctions, impose an arms embargo, and even organize joint military action.

Career. International law

Knowledge of the features of the formation of the political map of the world, the history of the emergence of territorial disputes is especially important for those who have chosen international law as their specialty.

Specialists in the field of international law are in demand today more than ever. They must, in addition to being fluent in English and French know international law, specifics of legislation different countries in public and private law, maritime law, must have experience of participating in processes related to the settlement of territorial disputes and claims.

Specialists in international law can work both in government bodies, as well as in international organizations and private firms.

You can get an education at the law faculties of leading universities - MGIMO, Moscow State University. M.V. Lomonosov, Peoples' Friendship University of Russia.

UN peacekeeping mission on the border of Libya and Chad

The Aozu strip - the northern outskirts of Chad, was occupied by Libya in 1973. The protocol on the delimitation of the borders between Libya and the French colonies served as the basis for the capture. The treaty was concluded between France and Italy, which owned the modern territories of Chad and Libya, respectively, in 1935. The current border was established in 1898 by convention between Great Britain and France.

The justification for the capture of this desert territory is the reserves available here. uranium ores required by Libya. Military operations between Libya and Chad and the impossibility of a peaceful resolution of the conflict required the presence of a group of UN observers in this territory.

Rice. 47. Disputed territory on the border of Libya and Chad - Aozu strip

Economic and Social Council coordinates the activities of the UN and its agencies in the economic and social fields, in the field of international cooperation. Five regional commissions promote economic development and strengthening economic relations in their regions.

Guardian Council was established to provide international surveillance of the Trust Territories administered by seven Member States. By 1995, all of the Trust Territories had become self-governing or independent, either as independent states or by joining neighboring independent states. The work of the Council has been largely completed to date, it is planned to transform the Trusteeship Council into a forum for the protection environment planets.

international Court is the main judicial organ of the UN and deals with the settlement of disputes between states.

Secretariat conducts operational and administrative work UN in accordance with the instructions of the General Assembly, the Security Council and other bodies. It is headed General Secretary, which recruits the staff necessary for the operation of the organization and provides general administrative direction.

The Secretariat consists of nine departments and a number of offices, employing 8,700 people from nearly 160 countries.

peacekeeping missions. One of the main tasks of the UN is to maintain world peace. According to the Charter, Member States must resolve international disputes by peaceful means and refrain from resorting to military force against other states. However, there are still many such conflicts.

Over the years, the UN has played an important role in preventing international crises and in settling protracted conflicts through its peacekeeping and humanitarian operations.

Peacekeeping operations can last from several months to several years. For example, the UN operation deployed along the ceasefire line between India and Pakistan in the state of Jammu and Kashmir has been going on since 1949, and UN peacekeepers have been in Cyprus since 1964. At the same time, the operation in the Aozu strip between Libya and Chad in 1994 was completed within a month (Fig. 47).

Since 1948, the UN has carried out about 50 peacekeeping operations, in which military personnel from more than 100 countries participated (Fig. 48).

Rice. 48. UN peacekeepers

Career. UN peacekeeper

IN peacekeeping operations The UN uses both the famous "blue helmets" - military personnel provided directly to the United Nations by member states, and civilian personnel performing a wide range of tasks: from monitoring human rights to managing human and material resources. Peacekeeping missions require specialists in areas such as politics, law, human rights, elections, humanitarian aid, public information, general management services, procurement, logistics, civil engineering and electronic data processing.

Candidates must be in excellent health and be prepared to work in challenging and sometimes dangerous environments. Requirements for candidates for work in missions are the presence of a scientific degree not lower than a master's degree, four years of work experience in the specialty and fluency in English and (or) French.

Main ideas of the section

• Monarchies (absolute, constitutional, theocratic) and republics (presidential and parliamentary) have the status of independent states.
• The Commonwealth states recognize the Queen of Great Britain as head of state.
• By shape state structure distinguish between unitary states and federations.
• Unrecognized (self-proclaimed) states appear, as a rule, in areas where separatist movements operate in multinational countries or as a result of changes in state borders that "cut" the areas of residence of ethnic groups.
• The right to use international territories and water areas belongs to the entire world community.
• Territories with an undetermined status include neutral, leased, occupied territories.
• The development and colonization of territories in the New World by Europeans led to the emergence of dependent (non-self-governing) territories. These are colonies, protectorates, dominions, condominiums, mandated and trust territories, associated states.
• Decolonization began in the 18th century. During the 19th century gained independence most of colonies in Latin America, the countries of Asia became independent mainly after the Second World War, Africa - after 1960.
• The number of Non-Self-Governing Territories in the world continues to decline.
• International organizations are created to solve specific political problems, ensure the collective security of member countries, and prevent the development of conflict situations.
• The most important international organization is the UN, which includes 193 member countries.

Review questions

1. In what part of the world is the most big number monarchies, federal republics, non-self-governing territories? Why?
2. Why was the Commonwealth (British) created? Which countries are its members? On what grounds were some (give examples - what?) countries excluded from the Commonwealth?
3. What is the difference between federal and unitary states?
4. Why do self-proclaimed states appear on the political map of the world? Give examples.
5. Which territories are international and what is their status?
6. What international rivers, straits, canals do you know? What territories do they connect?
7. What territories are neutral, leased and occupied? Why are they called territories of uncertain status?
8. What modern states had the status of wards? When and in connection with what events did these territories change their "masters" and status?
9. What kind non-self-governing territories exist in early XXI where are they located, what metropolises do they belong to?
10. What changes have occurred on the political map of the world in the last decade of the 20th century; at the beginning of the 21st century?
11. What interstate conflicts are the most relevant today?
12. Name the states that do not exist on the political map of the mmra. What factors are associated with their appearance? What are the main functions of the UN? What organizations are part of the UN system?
13. What current UN operations have you heard about on television and radio or read in the newspapers during the past month?

Dictionary

• Leased territories
• Associated States
• States within the Commonwealth
• Decolonization
• Dominions
• overseas departments
• overseas territories
• Colonization
• Colonies
• condominiums
• Confederation
• International territories
• Monarchies (absolute, constitutional, theocratic)
• Neutral territories
• Occupied territories
• Mandatory (trust) territories
• Protectorates
• Republic
• self-proclaimed states
• Freely associated states
• Territorial administrative units with a special status
• Unitary States of the Federation

The United Nations (UN) occupies a special place among international organizations.

General Assembly. All members of the UN are represented in it, each state has one vote. Decisions on important matters, such as the maintenance of international peace and security, the admission of new members, or the approval of the UN budget, including budgets for peacekeeping operations, are taken by a 2/3 majority vote. Decisions on other issues are taken by a simple majority of votes. The Assembly's recommendations are a reflection of world public opinion.

Security Council is responsible for maintaining international peace and security and can be convened at any time when a threat to peace arises.

The Council consists of 15 members. Five of them - China, the Russian Federation, the United Kingdom, the United States and France - are permanent members. The remaining 10 members of the Council are elected by the General Assembly for two years according to regional quotas - five seats for Asia and Africa, one for Eastern Europe, two for Latin America, two for Western Europe. Decisions of the Council are considered adopted when the votes of nine of its members are cast in favor of them. However, a decision cannot be taken even if one of the permanent members votes against, i.e., uses his veto. Council decisions are binding on all Member States.

In the event of a war, the Council makes efforts to end it, it can also send a peacekeeping mission. The Council can impose economic sanctions, impose an arms embargo, and even organize joint military action.

Economic and Social Council coordinates the activities of the UN and its agencies in the economic and social fields, in the field of international cooperation. Five regional commissions promote economic development and strengthening of economic relations in their regions.

International Court is the main judicial organ of the UN and deals with the settlement of disputes between states.

Secretariat carries out the operational and administrative work of the UN in accordance with the instructions of the General Assembly, the Security Council and other bodies. It is headed by the Secretary-General, who recruits the staff necessary for the operation of the Organization and provides general administrative direction.

In 2007, the Secretariat consisted of nine departments and a number of offices, employing 8,700 people from almost 160 countries.

Peacekeeping operations can last from several months to several years. For example, the UN operation deployed along the ceasefire line between India and Pakistan in the state of Jammu and Kashmir has been going on since 1949, and UN peacekeepers have been in Cyprus since 1964. At the same time, the operation in the Aozu strip between Libya and Chad in 1994 was completed within a month. Since 1948, the UN has carried out about 50 peacekeeping operations, in which military personnel from more than 100 countries participated.

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territories included as a result of the Second World War in international system guardianship of the United Nations, provided for by the Charter of the United Nations (Articles 75-91). Mostly they turned out to be former mandated territories of the League of Nations or colonies. primarily Germany and its allies, in Africa (Cameroon, Rwanda, Burundi, Somalia, Tanzania, Southwest Africa) and islands in the Pacific Ocean (Western Samoa, Nauru, New Guinea, Marianas, Marshalls and Carolines) with a population of about 20 million . human. Their management, by agreement with the UN and under the control of its Council of Trustees, was given to the former colonial powers - Great Britain. Belgium, France, Italy (over Somalia). In addition, the UN Security Council in 1947 handed over the Karolinska. Mariana and Marshall Islands as a "strategic area" under US control. By 1995, only a group of Pacific islands called the Republic of Palau remained from this entire system. controlled by the USA. The UN international trusteeship system is designed not only to promote international peace and security, but also to ensure respect for the rights of individuals and peoples in these territories, to promote political, economic and social developments. to the cultural progress of the populations, "keeping in mind the freely expressed desire of these peoples", to encourage respect for human rights and fundamental freedoms for all in these territories, recognizing the interdependence of the peoples of the world.

Meanings in other dictionaries

Trust Territories

dependent territories, the administration of which is transferred by the United Nations to any state. See Art. Guardianship is international. ...

Trust Territories

TRUST TERRITORIES - dependent territories, the management of which was transferred by the UN to any state (see also International Trusteeship). ...

Trust Territories

territories included as a result of the Second World War in the UN International Trusteeship System, provided for by the UN Charters (sg.sg. 75-91). They were mainly former mandated territories of the League of Nations or colonies, primarily Germany and its allies, in Africa (Cameroon, Rwanda, Burundi, Somalia, Tanzania, South-West Africa) and islands in the Pacific Ocean (Western Samoa, Nauru, New Guinea , Marianas, Ma...

Trust Territories

Territories included as a result of the Second World War in the UN International Trusteeship System provided for by the UN Charters (sg.sg. 75-91). They were mainly former mandated territories of the League of Nations or colonies, primarily Germany and its allies, in Africa (Cameroon, Rwanda, Burundi, Somalia, Tanzania, South-West Africa) and islands in the Pacific Ocean (Western Samoa, Nauru, New Guinea , Marianas, ...

Trust Territories

territories included as a result of the Second World War in the UN International Trusteeship System, provided for by the UN Charter (Art. 75-91). Mostly they turned out to be former mandated territories of the League of Nations or colonies. above all Germany and its allies, in Africa (Cameroon, Rwanda, Burundi, Somalia. Tanzania, Southwest Africa) and the islands in the Pacific Ocean (Western Samoa, Nauru, New Guinea. Marianas. March ...

Trust Territories

countries placed under the care of the UN. Founded after the 2nd World War, the international. The guardianship system replaced the mandate system introduced by the League of Nations. Main principles of the international system. guardianships are included in the UN Charter, adopted at the San Francisco Conference of 1945. At this conference, Sov. The delegation demanded that an indication be made to the charter that one of the main The purpose of guardianship is the preparation of wards terr. ...

Child Change

the secret and inconspicuous removal of one child and its replacement with another. Etc. is carried out only in relation to newborns and, as a rule, occurs in maternity hospital. Such a substitution is possible in order to replace a sick child with a healthy one, a living child with a dead one, a boy with a girl, etc. These actions are carried out without the knowledge and consent of the parents of one of the children. The crime is considered completed from the moment of...

Legal status of the ward

As for the rights of children under guardianship (guardianship), they are regulated in Art. 148 RF IC. It should be noted that they include all the rights that children brought up in a family have. In particular, this is the child’s right to communicate with parents and other relatives (Article 55 of the RF IC), the right to protect their rights and legitimate interests (Article 56 of the RF IC), the right to express their opinion when resolving any issue in the family that affects their interests , as well as to be heard in the course of any judicial or administrative proceedings (Article 57 of the RF IC).

In addition, they have a number of rights arising from their status as wards. These rights are directly enshrined in Art. 148 of the RF IC, include the right to:

Education in the family of a guardian (trustee), care by the guardian (trustee), living together with him, except in cases where, in accordance with paragraph 2 of Art. 36 of the Civil Code, separation of a trustee from a ward who has reached sixteen years of age is allowed with the permission of the guardianship and guardianship authority, provided that this does not adversely affect the upbringing and protection of the rights and interests of the ward;

Providing them with conditions for maintenance, upbringing, education, comprehensive development and respect for their human dignity;

Alimony, pensions, allowances and other social payments due to them;

Retention of the right of ownership to a dwelling or the right to use a dwelling, and in the absence of a dwelling, they have the right to receive a dwelling in accordance with housing legislation (according to paragraph 2 of article 57 of the Housing Code of the Russian Federation, out of turn, living quarters under social tenancy agreements are provided to orphans and children left without parental care, persons from among orphans and children left without parental care upon termination of guardianship (guardianship)) Housing Code Russian Federation dated December 29, 2004 No. 188-FZ (as amended on December 29, 2014) // Collection of Legislation of the Russian Federation, 01/03/2005, No. 1 (part 1), art. fourteen. .

Protection from abuse by the guardian (custodian).

In addition, according to paragraph 3 of Art. 148 of the RF IC, children under guardianship or guardianship have the right to maintenance, cash for which they are paid monthly in the manner and in the amount established by the laws of the constituent entities of the Russian Federation, with the exception of cases where guardians or trustees are appointed at the request of parents in the manner determined by Part 1 of Art. 13 federal law"About guardianship and guardianship". These funds are spent by guardians or trustees in the manner prescribed by Art. 37 Civil Code Russian Federation. At the same time, unlike parents and adoptive parents, guardians and trustees are not required to support their ward.

Children left without parental care may be placed in special (correctional) educational institutions(including in a special educational institution for children and adolescents with deviant behavior) in cases of deviation from the norms or social dangerous behavior including the commission of an offence. At the same time, they are subject to the norms of material support provided for by federal legislation for children left without parental care.

In those regions of the Russian Federation where there are no educational institutions for orphans and children left without parental care, orphans and children left without parental care can be admitted to a boarding school.

Guardians (custodians) are not appointed to children who are in full state care in the relevant educational institutions, medical institutions, institutions social protection population and other similar institutions (hereinafter referred to as educational institutions). Full state care means that the protection of the rights and legitimate interests of minor children, their material support, upbringing, education is undertaken by the state represented by the relevant institution. In such cases, the duties of guardians (trustees) are assigned to these institutions Kozlov S.S., Mitchina L.A. Forms and methods of placement of children left without parental care // Family and housing law. 2011. No. 3. P. 14 - 19..

crash colonial system imperialism after the Second World War, the rapid growth of national liberation movements (the struggle of peoples for independence) radically changed political map peace. Thus, on the eve of World War II there were 71 sovereign states in the world, in 1947 there were 81 of them, and by 1995 about 190 had sovereignty.

State sovereignty- the completeness of the legislative, executive and judicial power of the state on its territory, excluding any foreign power; non-subordination of the state to the authorities of foreign states in the field of international communication, with the exception of cases of explicit and voluntary consent on the part of the state to limit its sovereignty.

In principle, the sovereignty of a state is always complete and exclusive. This is one of the inalienable properties of the state.

The concept of state sovereignty underlies such generally recognized principles of international law as the principle of sovereign equality of states, the principle of mutual respect for state sovereignty, the principle of non-interference of states in each other's internal affairs, etc.

Along with sovereign states in modern world There are more than 30 Non-Self-Governing Territories. They can be roughly divided into two groups:

Colonies officially included in the list (a list of territories that are specifically subject to the UN requirement to grant them independence);

Territories, in fact colonies, however, are not included in the UN list, since, according to the states administering them, they are: “overseas departments”, “overseas territories”, “freely associated states”, etc.

The status of Western Sahara (which until 1976 was a colony of Spain in Western) has not yet been determined. After many years of armed struggle between various political groups for power in the West, since 1989, a truce has practically been established. Here, under the auspices of the UN and the OAU, a peaceful referendum is to be held on the question of self-determination of the people of Western Sahara (independence or integration with).

The issue of granting independence to all modern colonies is complicated: many of them are important for the mother countries as military-strategic objects or are of other interest. For example, dozens of US military and naval bases are located on the islands in the Pacific and. So, (Caroline, Mariana) are of great military-strategic importance in. Many American military installations are located on the islands. On a number of atolls, tests of atomic and hydrogen bombs, intercontinental missiles etc.

The formation and development of states is the most difficult historical process determined by the set of internal and external factors: political, social, economic, ethnic.

Specialists in international issues currently count on the globe about 300 objects on which there are disputes: territorial, ethnic, border; including more than 100 such, where there is an acute conflict situation.

The dispute between Spain and sovereignty over Gibraltar continues. There was an armed conflict (1982) between Great Britain and because of the Falkland (Malvinas) Islands. Since 1947, the question of the borders of the state and the creation of a Palestinian state has been raised, only in 1993 was autonomy granted to the Palestinian lands occupied by Israel in 1967. It's about on the transfer of broad administrative powers to Palestinian self-government bodies. At the intermediate stage of the settlement, the treaty does not provide for the proclamation of a Palestinian state, but the first ever elections to Palestinian self-government bodies were held. The list of examples of this kind could be continued. This is the struggle of the people for self-determination and the formation of the state of Kurdistan; border conflicts between and (especially in the states of Jammu and Kashmir); conflicts on the territory of the republics of the former SFRY (Yugoslavia), in (Ulster); on the territory of the republics (); in African states, etc.

Reference materials (terms):

The colony- (from lat. colonia - settlement) a country or territory under the rule of a foreign state (metropolis), deprived of political and economic independence and governed on the basis of a special regime.

Protectorate- one of the forms of colonial dependence, in which the protected state retains only some independence in internal affairs, and its external relations, defense, etc., are carried out at its own discretion by the metropolitan state.

Dominion- (English dominion - possession, power), states within the British Empire that recognized the head of the English king (since 1867, since 1901, since 1907, the Union of South Africa since 1910). After the formation of the Commonwealth (Commonwealth), the term "dominion" fell into disuse.

Mandatory (mandatory) territories - common name former colonies and some possessions Ottoman Empire, transferred after the 1st World War by the League of Nations under the control of the victorious countries on the basis of a mandate. After the 2nd World War, the mandate system was replaced by the UN trusteeship system.

Trust Territories- dependent territories, the management of which was transferred by the UN to any state ("international trusteeship" - a management system carried out on behalf and under the leadership of the UN). Examples: before these territories gained independence - the Caroline, Marshall Islands - were under the tutelage of the United States, part of the Caroline Islands - were under the tutelage of the UN.

Condominium- co-ownership, joint exercise of supreme power over the same territory by two or more states (from 1899 to 1956 - Anglo-Egyptian co-ownership was).

Colonial possessions, non-self-governing territories in the modern political

(Colonies, condominiums, trust territories):

UK:

1. Gibraltar (disputed territory with Spain)
2. Saint Helena (Atlantic Ocean)
3. Anguilla ()
4. Virgin (British) Islands (Caribbean)
5. Cayman Islands (Caribbean)

1. Montserrat (Caribbean)
2. Terke and Caicos (Caribbean)
3. Pitcairn (Oceania)
4. Bermuda (Atlantic Ocean)

10. Falkland (Malvinas) Islands (disputed territory of Great Britain and)

Note: "Overseas departments" are administered by a commissioner or prefect French Republic appointed by the government.

1. French Guiana - "overseas department" (South America)
2. Guadeloupe - "overseas department" (Caribbean)
3. Martinique - "overseas department" (Caribbean)
4. Maore island - "special territorial entity" (, in a group, off Madagascar)
5. island of China) USA:
   1. Virgin Islands (Caribbean)
   2. Puerto Rico - since 1952, the status of a state "freely joined" to the United States (Caribbean)
   3. Eastern Samoa - "unincorporated" territory (Oceania)
   4. Guam ( Pacific Ocean, in the Mariana Islands group)

   1. Cocos (Killing) Islands (Oceania) - "free association" with

   1. Tokelau Islands (Oceania) - "Non-Self-Governing Territory of New Zealand"

   2. the islands and Niue - "internal self-government within the framework of free association with" (Oceania).