State borders in international law. Territory in international law

The state border is a line that defines the limits of the state territory (land, water, subsoil, airspace), the limit of the sovereignty of an individual state. State borders are subdivided into land, river, lake, sea; are established by agreement between neighboring states by means of delimitation and demarcation. The length of the state border of the Russian Federation is 61,089.56 km.

Border rectification is called minor changes or clarifications on the terrain of the state border line previously established by an international treaty. Rectification is used in the construction of tunnels, hydroelectric stations, airfields, bridges and other structures in the border area, as well as in order to satisfy the economic interests of states on the border line or close to it. Rectification is carried out on the basis of international agreements between interested parties.

Land boundaries are understood as lines passing along characteristic points of the terrain relief (for example, mountain ranges) or through certain points geographic coordinates, as well as along the parallels and meridians. River state borders pass along rivers, and unless otherwise provided by international treaties, then usually the border is considered a line passing on navigable rivers - in the middle of the main fairway or along the thalweg of the river (the line of greatest depths), and on non-navigable rivers (streams) - along their in the middle or in the middle of the main branch of the river. On lakes and other bodies of water, the state border often runs along a straight line connecting the border outlets to the shores of a lake or other body of water. Sometimes this border can be drawn along the median, if the lake has an elongated shape, and the opposite shores belong to neighboring states. The state border passing along a river (stream), lake or other body of water, as a rule, does not move both when the outline of their banks or water level changes, and when the river (stream) channel deviates in one direction or another, if the bordering states do not have among themselves other agreements on this issue. State borders passing along railway and road bridges, as well as dams and other structures erected across the border sections of rivers and streams, are drawn in the middle of these structures or along their technological axis, regardless of the passage of the borders along a river or stream. State maritime boundaries are established at sea independently by each state along the outer limit of its territorial waters, if these waters do not come into contact with similar waters of other states. In cases where the territorial waters of two or more states are in contact, the border line between them is established on the basis of an agreement.

State border- this is a line and a vertical surface passing along it, defining the boundaries of the state territory (land, water, subsoil and air space). Borders between neighboring states are usually determined by bilateral treaties between them.

During the existence of the USSR, almost all neighboring countries agreements were concluded on the passage of the state border. Among them is the 1990 agreement with the Chinese People's Republic, which fixed the border line on its eastern section (already ratified by the Russian Federation). The border line in its western section is determined by the 1994 Treaty between the RF and the PRC. Taking into account the treaties, domestic legal acts on the state border are adopted.

In Russia, this is the Law "On the State Border of the Russian Federation" of April 1, 1993 with amendments and additions introduced on August 10, 1994 and November 29, 1996. It characterizes the state border as "the spatial limit of the state sovereignty of the Russian Federation." The state border of Russia is the RSFSR, enshrined in legislative acts and international treaties of the USSR. The borders of the Russian Federation, which are not formalized in international legal terms, are subject, according to the Law, to contractual consolidation.

State borders on land are established along relief lines or clearly visible landmarks. On rivers, state borders are usually drawn either in the middle of the main fairway or by thalwegu(along the line of greatest depths), if the river is navigable, or in the middle of the channel, if the river is not navigable. On lakes, it is a line connecting the outlets of the land border to the shores of the lake. The line of the outer limit of the territorial sea is the state border of the sea. It is established by the state taking into account the requirements of international law (on the breadth of the territorial sea, on the determination of the line of their delimitation between adjacent or opposite states).

The process of demarcation includes two stages: delimitation and demarcation (Fig. 2).

Rice. 2. Stages of establishing the state border

During demarcation, demarcation documents are drawn up: protocols - descriptions of the state border, protocols of border markers (with a description of their position, shape, size, material, number, etc.).

In interstate relations and in treaties of the countries of the Commonwealth of Independent States, a special term is used "external state borders of the CIS member states", which denotes the borders of these states with states that do not belong to the Commonwealth. There is the Agreement on Cooperation of the Member States of the Commonwealth to Ensure a Stable Position on Their External Borders in 1992 and the Agreement on Cooperation in the Protection of the Borders of the Member States of the Commonwealth of Independent States with States that are not members of the Commonwealth, 1995.

State border regime is determined by a set of international legal and domestic norms. International treaties concerning the regime of the state border of the Russian Federation are diverse: on the passage of the state border, on the system of marking the border line, on clarifying its passage in certain sections, on the border regime in general or on individual elements of the regime, including the care of border marks , on the use of the border area (for example, border waters), on the protection of the border and ensuring a stable position on it.

In succession Russian Federation adopted in relation to the respective regions bilateral treaties on the regime of the state border, on cooperation and mutual assistance on border issues, on the settlement procedure border conflicts concluded by the USSR with Finland, Poland, Mongolia and some other states.

The border regime is a special legal status of the territory of the state adjacent to the state border. It is determined by laws and other legal acts of the state. The law "On the State Border of the Russian Federation" establishes the border regime in the border zone, in the territorial sea, as well as in certain areas of the internal waters of the Russian Federation, if they have access to the State Border.

The border zone of the Russian Federation is a strip of terrain up to 5 kilometers wide along the State Border on land, the sea coast of the Russian Federation, the Russian banks of border rivers, lakes and other bodies of water, as well as islands on these bodies of water.

Protection and protection of the State Border is carried out in accordance with the national legislation of the state and international treaties.

Protection of the State Border of the Russian Federation consists in the coordinated activities of federal bodies of state power, bodies of state power of the constituent entities of the Russian Federation and bodies of local self-government in the implementation of political, organizational and legal, diplomatic, economic, defense, operational-search, environmental, sanitary-epidemiological and other measures. Organizations and citizens can participate in this activity in accordance with the established procedure. The head (coordinating) federal executive body in the field of protection of the State Border of the Russian Federation is the Federal Border Service RF.

The Russian Federation cooperates with foreign states in the field of protecting the State Border. The member states of the Commonwealth of Independent States signed agreements on the protection of state borders and maritime economic zones of March 20, 1992, on cooperation to ensure a stable situation on their external borders of October 9, 1992, the Treaty on cooperation in the protection of the borders of the CIS member states with states outside the Commonwealth of May 26, 1995 No.

Space and territory, often filling them with one meaning. However, the concept “ territory"Differs from the concept of" space "in its concreteness, binding to certain coordinates on the earth's surface.

Territory- a part of the land surface with its inherent natural, as well as created as a result of human activity, properties and resources. The role of the spatial (territorial) factor in the life of society can neither be underestimated nor exaggerated.

State borders determine the limits of the state territory, and this is their main purpose. The entire inhabited part of the land (that is, all the continents, except) and the vast sea spaces adjacent to it are separated by political boundaries. In fact, apart from state borders, non-state borders also have political character: according to international agreements, contractual, temporary, demarcation.

State borders are lines and imaginary vertical surfaces passing along these lines, defining the boundaries of the territory of the state (land, water, subsoil, air space), that is, the limits of the spread of sovereignty.

Land and sea state borders between neighboring states are established by agreement. There are two types of state border establishment - delimitation and demarcation.

Delimitation- determination by agreement between the governments of neighboring states of the general direction of the state border and drawing it on.

Demarcation- drawing a line of the state border and marking it with appropriate border signs.

The practice is aware of orographic, geometric and geographic state boundaries. a border is a line drawn along natural (natural) boundaries, taking into account the terrain, mainly along the mountain watershed and river beds. Geometric border - a straight line connecting two points of the state border defined on the ground, which crosses the terrain without taking into account. Geographic (astronomical) border - a line passing through certain and sometimes coinciding with one or another parallel or meridian. The last two types of borders are widespread in America as well. There are all types of borders in Russia.

On border lakes, the state border line runs in the middle of the lake or in a straight line connecting the outlets of the land state border to its shores. Within the state territory, the boundaries of administrative-territorial units (republics, states, provinces, lands, regions, etc.) and economic regions are also distinguished.

Allocate state territory, as well as territories with international and mixed regime.

1. A state territory is a territory under the sovereignty of a certain state. The territory of the state includes: land within borders, waters (internal and territorial) and airspace over land and waters. Most of the coastal states (there are about 100 of them) have territorial waters (a strip of coastal sea waters) with a width of 3 to 12 nautical miles from the coast.
2. Territories with an international regime include land areas lying outside the state territory, which are in the common use of all states in accordance with international law. It is the open sea, the airspace above it and the deep seabed beyond the continental shelf.

The international legal regime of high seas areas has some peculiarities (). , and other countries have divided it into "polar sectors". All lands and islands within the "polar sectors", ice fields near the coast are part of state territories these countries. “Polar Sector” is a space, the base of which is the northern border of the state, the top is, and the lateral borders are the meridians.

It should also be noted the special international legal regime established in Antarctica according to the 1959 treaty. The mainland is completely demilitarized and open for scientific research of all countries.

Outer space is outside the earth's territory and its legal regime is determined by the principles and norms of international space law.

3. Territories with a mixed regime include the continental shelf and the economic zone.
Determination of the belonging, regime and boundaries of relatively shallow areas adjacent to the coast became in the second half of the XX century. into an important political and legal problem in connection with the possibility of exploration and development of natural resources of the continental shelf (gas and others). According to some estimates, the area of the continental shelf is almost 1/2 of the surface of the World Ocean.

In accordance with the 1982 Convention on the Law of the Sea, the continental shelf means the seabed and subsoil of underwater areas extending beyond the territorial waters of the state along the entire length of the natural continuation of its land territory to the outer border of the underwater margin of the continent or at a distance of 200 nautical miles from the baselines , from which the width of the territorial waters is measured, when the outer boundary of the underwater edge of the continent does not extend such a distance.

The outer boundary of the continental shelf cannot be further than 100 nautical miles from the 200-meter isobath (line of equal depths) and must not extend beyond 350 nautical miles from the baselines from which the breadth of territorial waters is measured.

The depths of the shelf edge are usually 100-200 m, but in some cases reach 1500-2000 m (South Kuril Basin).

They have the exclusive right to explore and exploit "their own shelf", but do not have sovereign rights to the corresponding water area.

The establishment of economic zones was initiated in the late 1960s. By the mid-1980s, almost all other states in the world, including our country, followed their example. Economic zones now account for 40% of the world's oceans, including areas that provide 96% of the world's fish catch.

Economic zones are areas of the world's oceans outside the territorial waters of about 200 nautical miles, in which the coastal state exercises sovereign rights to explore and develop resources, conduct scientific research, and fish (zones of national jurisdiction over resources), and other countries enjoy freedom shipping and have access to surplus allowable catch (under the UN Convention on the Law of the Sea).

And our country was allocated a site in the central, near-equatorial part (with an area of about 75 thousand km2) for prospecting and exploration work on the ocean floor.

Fishing zones and shelves often exceed the area of the state's land territory and can significantly increase its resource potential.

Special territorial regimes are international legal regimes that determine the legal status and procedure for the use of any limited territory or space. They can be established in the interests of some or all states of the world.

So, the modes of navigation in international, straits and channels used for international navigation are known; regimes for fishing and other types of marine fishing; exploitation of the seabed (exploitation of the continental shelf, etc.); regime and other types economic activity on border rivers, etc.

Special types of territorial regime are the international legal lease of territory, the regime of “free economic zones”, privileged in the customs relation, etc. (The regimes for the use of military bases in foreign territories do not belong to the category of a special territorial regime).

Topic 5: Territory in international law

The concept and types of territory in international law.
State borders.
Composition and legal nature state territories.
International rivers and canals and their legal regime.
A territory with a special international regime.
The legal regime of the Arctic and Antarctic.

The concept and types of territories in international law.

The institution of territory is one of the oldest in international law.

Territory- this is the vastness of the Earth with its land and water surface, bowels and air space, as well as outer space and celestial bodies that are in it.

Classification of territories by legal regime:

1. State territory- the space within which a particular state exercises its sovereignty (territorial supremacy). The state establishes the appropriate legal order, which makes it possible to use in its own interests both the territory and its material components;

2. International territory(ITOP - International Territory of Common Use) is a space outside the state territory that does not belong to any of the states, but is shared by the world community, and its legal regime is determined exclusively by the norms of international law. The sovereignty of any state (Antarctica, the Open Sea, the Seabed Region, outer space) does not extend to the international territory;

3. Territory with a mixed regulatory regime- This is a territory in which both the nomes of international law and the norms of the national legislation of the coastal states operate. Divided into 2 categories:

a. Coastal and Exclusive Economic Zones, Continental Shelf;

b. International rivers, straits and canals;

4. Territory with a special international regime- these are demilitarized and neutralized zones and zones of the world (if established). These territories may include: territories of the 1st category (states) or all 3 categories at the same time. Includes the Spitsbergen (Svalbard) Archipelago, the Alan Islands, the Dodecanese Islands, the Pantelleria Islands, the Panama and Suez Canals, and the Moon.

Convention on the Continental Shelf 04/29/1958

1958 Geneva Convention on the Territorial Sea and Contiguous Zone

1992 UN Convention on the Law of the Sea

1959 Antarctic Treaty

State borders.

State border- this is an actual or imaginary line on land, water, air spaces and subsoil, which determines the limits of the state sovereignty. The main task of state borders is to determine the spatial limits of the territorial supremacy of the state, and also to designate the territory belonging to it as the material basis of the life of society.

Borders are:

1. Land borders - lines that separate the land territory of one state from the adjacent territory of another state. They are carried out taking into account the geographical features of the area;

2. Maritime boundaries - The International Convention on the Law of the Sea, 1982, defined the maximum breadth of territorial waters, which is 12 nautical miles, which are calculated from the low tide line. The sea border of a state is the outer limit of its territorial waters.

3. Water boundaries - divided into river, lake and other water bodies. River boundaries are established by agreement between neighboring states, and most often along the thalweg - the line of the deepest navigable rivers, in the middle of the main fairway or in the middle of a non-navigable river. On lakes or other bodies of water, the border line is drawn along an imaginary straight line connecting the exit of the land border to the shores of the reservoir.

4. Air borders - imaginary vertical plane, the basis of which is the land or water border (height 100 - 110 kilometers);

5. Boundaries of the bowels - an imaginary cone towards the core.

The process of determining the line of passage of the state border between 2 neighboring states takes place in 2 stages:

1. Delimitation is a contractual determination of the line of the state border using large-scale maps, where all the features of the terrain and settlements... An agreement is signed, to which the cards are attached;

2. Demarcation - drawing the state border on the ground with its designation with special signs. All issues are decided by a specially created mixed commission of neighboring states;

Redemarcation is the restoration of the state border on the ground, if it has been violated under certain circumstances.

The succession of states as such does not affect the boundaries and border regime established by the treaty (Article 11 of the Vienna Convention on the Succession of States in Relation to International Treaties of 1978), i.e. the successor state is obliged to comply with the border treaties of the predecessor state.

Neighboring states establish a certain regime of admission and movement across their state border.

Law of Ukraine "On the State Border of Ukraine" from 1991.

The border regime is a special order established by the state in its border areas (rules of residence, temporary stay, entry, exit, movement, production work).

Reasons for changing the boundaries:

1.Exercise by peoples and nations of their right to self-determination:

Creation of new independent states

Unification of several states

Division of an already existing state

2. Exchange of areas of territory between neighboring states in order to establish a more convenient passage of the state border line on the ground.

3. Small changes in the position of the border line during its redemarcation (check and restoration of the state border line.)

Grounds for changing the state territory:

a. Armed struggle

b. Parliament decision

c. Plebiscite

1944 - Separation of Iceland from Denmark.

1945 - declaration of independence of Mongolia from China

1993 - exit of Eritrea from Ethiopia

2001 - Secession of East Timor from Indonesia

Assignment is the transfer of part of the territories of one state to another on the basis of an agreement between them. It is carried out on a reimbursable basis. Causes: Geographic features(1867 - Russia - Alaska - USA - 1519 thousand square kilometers for $ 7.2 million). For comparison, the area of Ukraine is 603.7 thousand square kilometers.

Possible double cession or exchange of territories (1951 - the USSR and Poland - the Lublin Voivodeship of the People's Republic of Poland, and the Lvov region of the USSR.)

Under territory(in a broad sense) in international law, different spaces are understood the globe with its land and water surface, bowels and air spaces, as well as outer space and the celestial bodies in it. The entire territory is subdivided into three types:

state territory;
territory with international regime;
territories with a mixed regime.

State territory is a territory that is under the sovereignty of a certain state, that is, belongs to a certain state, exercising its territorial supremacy within its boundaries. Some temporary exceptions are possible in cases of military occupation and international lease of territory.

TO territories with international regime refers to the terrestrial spaces lying outside the state territory, which do not belong to anyone separately, but are in the common use of all states in accordance with international law. This is primarily the open sea, the airspace above it and the deep seabed beyond the continental shelf.

Mixed Regime Territories- these are territories on which both the norms of international law and the norms of national law operate. This type of territories can be conditionally divided into two groups. The first includes the continental shelf and the economic zone. These areas are not under the sovereignty of states and are not part of state territories, but each coastal state has sovereign rights to exploration and development. natural resources the adjacent continental shelf and economic sea zone, as well as the protection of the natural environment of these areas. Within the limits of these rights, each state issues its own laws and regulations governing the mentioned types of activity. Otherwise, the principles and norms of international maritime law operate on the continental shelf and in the economic zone. The second group - international rivers and straits, blocked by the territorial waters of coastal states, and international canals that are part of the territory of coastal states.

A special international legal regime was established in Antarctica under the 1959 Treaty. According to this treaty, Antarctica is completely demilitarized and open for scientific research of all countries. No part of Antarctica is under the sovereignty of any state, but at the same time, the territorial claims of states in Antarctica remain.

Space is located outside the Earth's territories, and its legal regime is determined by the principles and norms of international space law, in particular by the Treaty on the Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies, dated January 27, 1967. It is not subject to national appropriation in any way and open to exploration and use by all states on the basis of equality.

State territory: concept and types

State territory- a territory that is under the sovereignty of the state, that is, belongs to a certain state exercising its territorial supremacy within its boundaries. V composition of the state territory includes land and waters with the subsoil under them and the air space over land and waters, the boundaries of which are determined by the state border.

The land territory of a state is all land within its borders. The water territory of the state is made up of internal (national) waters and the territorial sea. The difference between these two bodies of water is due to the modes of navigation of foreign civilian ships and warships and related issues. TO inland waters according to the 1982 UN Convention on the Law of the Sea, include:

sea waters, including the waters of archipelagic states, located inland from straight baselines taken to measure the breadth of the territorial sea;
ports waters;
waters of bays, the shores of which belong to one state, if their width does not exceed 24 nautical miles, as well as historical bays.

Internal waters are also waters of rivers, lakes and other bodies of water within the borders of one state. The territorial sea is a strip of coastal sea waters, the width of which, according to the 1982 Convention, should not exceed 12 nautical miles.

The territory of the state also includes the subsoil under its land and water surfaces without any restrictions on depth. The air territory of a state is the air space within its land and water borders.

According to international law, the jurisdiction of a state extends to persons, structures, installations and vehicles located in sea waters outside its territorial sea and, therefore, outside its territory. The state exercises exclusive jurisdiction over its warships on the high seas, over its aircraft located outside the territory of a foreign state, and in some cases on a foreign territory, over objects launched by it into outer space and their crews.

State territory represents not only the space in which the supreme power of a given state is exercised, but also the natural environment with its components: land and water, air space and subsoil. This environment also includes natural resources that are used in industry and agriculture, in normal daily human activities. All this constitutes the material content of the state territory and from the point of view of international law belongs to the state within the borders of which it is located. According to modern international law, no one has the right to forcibly deprive the state of its territory and, accordingly, natural resources. This is evidenced by the principles of inviolability and integrity of the state territory, inviolability and inviolability of state borders.

State borders: definition, types, procedure for establishing, changing and protecting

State border a line and a vertical plane passing along this line separating the state territory from the territory to which the state's sovereignty does not extend. Distinguish between land, water and air boundaries of the state territory. Land borders are established on the basis of treaties between neighboring states and, according to these treaties, are marked on the ground. There are three types of land boundaries:

orographic - carried out taking into account the terrain;
geometric - are installed along a straight line drawn between two points;
astronomical - are established along the meridians and parallels.

Water boundaries are divided into: river, lake, boundaries of other water bodies, sea.

River boundaries are established by agreement of the coastal states and are drawn along the thalweg line (the line of greatest depth) or in the middle of the river. On lakes and other bodies of water - in a straight line connecting the outlets of the land border of states to the shores of the reservoir.

The maritime boundaries of a state are the outer limits of its territorial sea or the line of delimitation of the territory of the seas of adjacent or opposing states.

Air boundaries - lateral (vertical plane passing over the line of the state border by land or sea) and high-altitude (horizontal plane lying at an altitude of 96 km). Installed above sea level within the lateral air borders of the state.

Borders are usually set by treaties (contractual boundaries). There are also "historically formed borders" recognized by neighboring states as a result of their long-term observance.

There are the following grounds for changing the state border:

the exercise by nations and peoples of their right to self-determination, in which the division or restoration of nations and peoples takes place and, as a result, new boundaries are established or old ones are restored;
exchange of small sections of state territories of neighboring states for the purpose of the most favorable location of the border;
exchange of small sections in case of border demarcation.

State border installed by:

demarcation - clarification by neighboring states of the border line, which was or could be changed as a result of natural or historical factors... Redemarcation - checking a previously demarcated border with the repair of previously installed border markers;
delimitation - establishing the border between states for the first time.

In order to ensure the inviolability and inviolability of borders, their protection by domestic legislation and international treaties of neighboring states, a special border regime is established, which provides for:

the procedure for guarding and crossing the state border on land, at sea and in the air;
conducting agricultural, fishing, industrial, transport and other activities in the area of the state border.

International rivers. Convention on the regime of navigation on the Danube of 18 August 1948

International rivers- rivers that flow on the territory of two or more states. International rivers can be subdivided into open for international navigation, which, as a rule, cross the territories of several states, and border rivers, which, as a rule, separate the territories of several states. However, this classification is arbitrary, since one and the same river can cross the territories of several states in one section, and divide in another.

The subject of international legal regulation of the issue of international rivers is the issues of navigation on international rivers - this issue belongs to the competence of the coastal states. It is regulated by the agreements of these states. Coastal states have the right (are not obliged) to provide foreign ships with the possibility of navigation. Thus, foreign ships are not entitled to navigate on international rivers, if this issue is not stipulated in the relevant international treaties. The coastal states themselves have the right to carry out navigation along the entire length of the river.

The issues of navigation on international rivers are stipulated in:

The Barcelona Convention and the Statute on the Regime of Navigational Waterways of International Importance of 1921;
Convention on the Regime of Navigation on the Danube 1948

Issues of non-navigational use of international rivers - this subject of regulation is based on the right of coastal states to use water resources (construction of dams, fishing, waste disposal, water intake, etc.). However, according to the Helsinki Rules of 1966, the use of the waters of international rivers by one state should not harm the waters of the same river flowing through the territory of another state. Issues of non-navigational use of rivers are regulated in the Geneva Convention on Hydropower of Watercourses Relevant to Several States, 1923. In particular, all work on the use of hydropower that can lead to a physical change in the terrain on the territory of another state or can cause significant damage to it must carried out on the basis of an agreement of the states concerned. International practice follows this path.

The Danube is the second longest (after the Volga) river in Europe. It flows through the territory of Germany, Austria, Slovakia, Hungary, Croatia, Yugoslavia, Bulgaria, Romania, Ukraine. According to Convention on the regime of navigation on the Danube of August 18, 1948, navigation on the Danube was declared free and open to citizens, merchant ships and goods of all states on the basis of equality in relation to port and navigation dues and conditions of merchant shipping. Navigation on the Danube by warships of all non-Danube countries is prohibited. The navigation of military, police and customs vessels of the Danube countries can only take place within the borders of their country, and in other areas - only with the consent of the respective coastal states. The Danube Commission, organized from representatives of the Danube countries, monitors the implementation of the Convention, coordinates the activities of the riparian countries and promotes their cooperation in this area, holds consultations, makes recommendations, etc.