Taking into account these circumstances, ýâåíòóàëüíûåàãðåññîðû go not only on a line of expansion of internal production of scarce kinds of raw material and experimental ïîñòàíîâêè÷åñêèé a clap(cotton). However seller's price of these productions in the world åù ё does not allow completely to replace natural kinds ñû
Ðüÿ synthetic. Furthermore(in addition to) and the modern science åù ё has not reached complete replacement all
Х kinds of raw material artificial or substitutes. As far as it is known, åù ё the replacements for example such colour metals, as tin and íèêåëü have not found to themselves.
Taking into account these circumstances, ýâåíòóàëüíûåàãðåññîðû go not only on a line of expansion of internal production of scarce kinds of raw material and experimental ïîñòàíîâêáùåíèé. Opposite(on the contrary), such countries, as Italy, Japan and Germany, in view of availability in these countries of the powerful productive device for want of of poverty by natural raw resources would be essentially constrained in the actions by application of embargo on main kinds of raw material.
For want of application of embargo on raw products it is necessary to take into account, first, generality(universality) of a used measure and, secondly, availability in country of stocks of raw material. The members a UN, as ÿâñòâóåò from the analysis of the mentioned above data, supervise from major kinds of raw material only tin, íèêåëü and rubber. But already without USA and Egypt it is impossible with complete efficiency to apply economic sanctions on a clap(cotton); without USA it is impossible to use sanctions on petroleum, ìåäü and sulfur; without Germany and partly USA (though here production óãëÿ in main is 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, zinc and 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 major raw goods is ñåðü ё çíûì an obstacle for effective application of economic sanctions a UN.
The question on stocks of raw material has essential significance: if for example on petroleum it is difficult because of necessity to have extremely îáú ё ìíûå of storehouse to create stocks more, than on some months, already on ores iron and manganous, on colour metals etc. it is possible to prepare stocks on some years. It weakens significance of economic sanctions, which in this case can only complicate long and " large war " for country - àãðåññîðà, but cannot prevent military actions àãðåññîðà in the first time.
Summarizing all told, the rather effective means in a case is possible to come to a conclusion, that economic sanctions in the form of prohibition of import from country - àãðåññîðà -:
1). If the structure of import of the given country is those, that the significant share(!long) it(him) is taken by(with) raw products, which importation almost can not be ñîêðàù ё í;
2). If the structure of the payment ё æíîãî of balance of this country is those, that she(it) does not possess instead of dropping out export of the significant payment ё æíûìè means under the invisible articles;
3). If this country does not possess significant stocks of gold and precious metals and 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 accepted by(with) countries which are applying sanctions.
Ïðèâåä ё ííûé the analysis is higher proceeds from that rule(situation), that all members a UN participate in the sanctions.
2.3. Additional kinds of economic sanctions
The sanctions are compulsory measures used to the state - infringer. They can be applied by international organizations (universal and regional), group of the states or separate of государствами1.
The sanctions for an encroachment on the international world and safety are stipulated in an item 39, 41 and 42 Charters a UN.
The sanctions as the form of compulsion are applied only in case of fulfilment of a heavy international crime. It is impossible to consider(count) application of the sanctions in other cases lawful, for, in essence, the sanctions are reaction to deliberate fulfilment of illegal actions or deliberate causing âðåäà. For the second world(global) war to the states - àãðåññîðàì were applied the political and economic form of the sanctions. So, after unconditional êàïèòóëÿöèèãèòëåðîâñêîé of Germany according to the Declaration from June 5, 1945 allied äåðæàâû have undertaken functions of a supreme authority, have carried out its(her) disarmament and äåìèëèòàðèçàöèþ, liquidated and have forbidden íàöèñòñêèå of organization. In Germany was established(installed) îêêóïàöèîííûé a mode.
The economic sanctions are applied in case of infringement by the state of the international obligations connected to causing of a material loss or for the sertificates(acts) of aggression. She(it) can be expressed in the form of an export embargo, embargo on import, complete embargo, and also reparations, restitutions, ðåïðåññàëèé and ñóáñòèòóöèé.
The reparations - represent reimbursement of a material loss in money terms, goods, services. Volume and kind of reparations, as a rule, are applied on the basis of the international agreements. The sum of reparations. Usually, is significant less than volume of damage caused by war. For example. Under the decision of a Crimean conference of a 1945 of a reparation from Germany have made only 20 ìëðä. Dollars. The agreement on the termination(discontinuance) of war and restoration of the world in Vietnam from January 27, 1973 obliged USA only to introduce " the contribution in çàâëå÷åíèå of wounds of war and ïîñëåâîåííîå construction of Democratic Republic Vietnam and all Indochina " 1.
Restitution - this return in a nature of property wrongfully withdrawed and exported by the struggling state from territory of the opponent. For example, according to the Peace agreement between allied äåðæàâàìè and Italy from February 10, 1947 Italy has undertaken to return " in possible the shortest term the property exported from territory any Incorporated Nations " 2.
Object of a restitution can be also returning of the wrongfully seized or wrongfully delayed property in peace time, that is outside of communication(connection) with military actions.
A version 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 applied by one state in reply to wrongful actions of other state with the purpose of restoration of the infringed right. They should be proportionate to the caused damage and that compulsion. Which is necessary for reception of satisfaction.
Ðåïðåññàëèè can be expressed in a complete or partial break of the economic attitudes(relations), railway, marine, air, mail, telegraphic, radio or other messages, and also in break of the diplomatic, trade and economic attitudes(relations), embargo on importation of the goods and raw material from territory of the state - infringer etc.
Ðåïðåññàëèè should be terminated on receipt of satisfaction. The modern international law forbids armed ðåïðåññàëèè as a means of the resolution of disputes and разногласий1.
In the international law to reimbursement is subject the valid material loss (direct and indirect). The missed profit is not usually reimbursed.
It is exclusively(extreme) on the basis of the agreements there is such version of the economic responsibility, as absolute. Or objective, responsibility. The speech in this case goes about the responsibility arising without dependence from fault ïðè÷èíèòåëÿ of damage, that is for damage caused during lawful activity.
It is necessary to the affected party to provick only direct ïðè÷èííóþ communication(connection) between action (inactivity) and ущербом1.
There is a concept of contractual restriction of the absolute liability on the sum which is being a subject to reimbursement. In the agreement the limiting maximum sum of indemnification which is being a subject to payment to the affected party almost always is underlined. For example, the maximum sum of reimbursement is stipulated under the Convention on reimbursement âðåäà, caused by a foreign air vessel to the third persons on a surface, 1952 " as a result of fall of an air vessel " 2.
In these cases the affected party cannot apply for reception of the sum exceeding an established(installed) limit, even if the actual damage exceeds this sum. At the same time the maximum limit is paid not automatically: if the sum of the proved damage is lower than this maximum, the affected party can apply for reception only her(it).
The contractual restriction of the responsibility on the sum represents some kind of protectionism in relation to use of engineering being a source of increased danger, but necessary in interests of the people (aircraft, atomic engineering etc.). In this case there is a distribution of burden of the losses arising as a result of damage, between the dissatisfied party and ýêñïëóàòàíòîì of a source of damage.
The contractual establishment of the absolute responsibility guarantees reimbursement of damage suffering even in the event that ïðè÷èíèòåëü of damage refers that all his(its) actions were not infringement of the right.
The conclusion.
The problems of application of the international sanctions are specific, are rather complex(difficult) and ìíîãîãðàííû. The progressive development and êîäèôèêàöèÿ of norms and principles of the responsibility in the international law requires(demands) the analysis and coordination of many questions, each of which should be considered and ó÷ò ё í so that correctly and full to reflect changes in this area of the international law, which have taken place in the last time.
The correct reflection of these changes is law of development of the modern international law. The necessity of special research of problems êîäèôèêàöèè both progressive development of norms and principles of ìåæäóíàðîäíî-deterrents of law is dictated by the increased role of the international law as a legal basis of the international attitudes(relations), increase of his(its) efficiency in business of consolidation of the world and safety, in the decision of major problems of a civilization.
At the present stage existence of the independent sovereign states the international 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 the rights about the responsibilities of the states arising during their dialogue. The international law should be considered in quality íàäñòðîå÷íîé of a category not above one international economic attitudes(relations), and above the international attitudes(relations) in a broad sense, covering all set of the attitudes(relations) between the states and peoples. Scientifically reasonable use of the ìåæäóíàðîäíî-rules of law and principles enables not only actively to influence the international attitudes(relations), but also largely to direct their course.
Into a problem of the international law enters not only establishment of the rules of behaviour of the states in this or that area of their international activity, but also development(manufacture) of norms and principles guaranteeing observance of these rules. One of major and tested ìåæäóíàðîäíî of legal tools in this business is the principle of the international responsibility of the states and other subjects of the international law for infringement of their international obligations, and also for harmful consequences for want of of lawful activity in separate spheres of interstate cooperation.
The development of the international law represents integrally interconnected process of an establishment and modernization both rules of behaviour of the states, and norms and principles ensuring their observance, including application of international economic sanctions. However now of this unity is not observed. In development of norms and principles of the international sanctions in the international law the blank was formed. Norms and principles of the ìåæäóíàðîäíî-legal responsibility of the states not êîäèôèöèðîâàíû, though such necessity has ripened already for a long time. To fill in this blank an essential problem of the modern international law. It is possible without exaggeration to tell, that êîäèôèêàöèÿ and the progressive development of norms and principles of application of the sanctions can serve as the important condition hereinafter progressive development of the international law as a whole.
To the states is not indifferent, in what direction, by what criteria and in what volume will êîäèôèöèðîâàíû and was progressively be advanced norm and principles of application of the international sanctions. On the correct decision of these questions depends, what influence these norms and the principles will render on ñóäüáû of the world, on the decision of problems of interstate cooperation, on the further progress of mankind.