作为国际法对象的对外关系

Andrii Ivanytskyі
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引用次数: 0

摘要

确定在研究作为国际法对象的对外关系时,必须明确确立其内容和范围,并将其与其他近似概念和术语区分开来。对“外交关系”概念与“外交关系”、“外交事务与国际关系”、“外交关系领域”和“外交事务”的理解是有区别的。“外交关系”和“国际关系”这两个概念在术语和语义上存在差异。事实证明,国际关系的定义是一整套政治、经济、社会、外交、法律、军事和人道主义的联系和关系。这些关系是国际社会的主要行动者之间的关系,其中包括人民、国家、社会和公共力量、运动和组织。“对外关系”的概念被定义为国家关系和每个国家的国际活动之间的一般体系的一部分,包括官方的,以特殊的国家机构为支持的,主要是政治关系以及国家和其他国际法主体之间的关系,以便根据国际法的基本原则以和平方式履行其对外职能。确定的是,管理对外关系的来源是许多双边和多边的国际协定。对外关系是国家在官方关系和官方关系领域协调、民主的基础上进行的规范活动,由每个国家的整个外交关系体系建立和维护,以国际法规定的和平手段实现其外交政策目标。对外关系具有以下特点:一是国家在国际事务中活动的官方性质;第二,该活动完全由授权机构进行;第三,在所有情况下,外交关系必须完全在国际法框架内以和平方式进行。确定作为国际法对象的对外关系可以定义为国家、国际组织和其他国际法主体在官方关系和关系领域内的一致的、民主的基础上的活动,这些活动是由这种关系的对外关系体系建立和维持的,目的是通过国际法规定的和平手段实现共同的外交政策目标。这是这些主体在国际法律关系框架内实现其权利的表现。
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Foreign Relations as an Object of International Law
It is determined that when studying foreign relations as an object of international law, it is necessary to clearly establish its content and scope, as well as to distinguish it from other approximate concepts and terms. The understanding of the concept of «foreign relations» with the terms «foreign relations», «foreign affairs and international relations», as well as «the sphere of foreign relations» and «foreign affairs» is distinguished. Attention is paid to terminological and semantic differences between the concepts of «foreign relations» and «international relations». It is proved that international relations are defined as a systemic set of political, economic, social, diplomatic, legal, military and humanitarian ties and relations. These relations are between the main actors of the world community, which include peoples, states, social and public forces, movements and organizations. The opinion is substantiated that the concept of «foreign relations» is defined as part of the general system between state relations and international activities of each state, covering official, supported by special state bodies mainly political ties and relations between states and other subjects of international law in order to carry out their external functions by peaceful means in accordance with the basic principles of international law. It is established that the sources of regulation of foreign relations are numerous international agreements, both bilateral and multilateral. It is stated that foreign relations are regulated activities of the state on a coordinated, democratic basis in the field of official relations and relations, which is established and maintained by the entire system of foreign relations of each state to achieve their foreign policy goals by peaceful means provided by international law. Also, foreign relations are characterized by the following features: first, it is the official nature of the state’s activities in international affairs; secondly, the activity is carried out exclusively by authorized bodies; thirdly, in all cases, foreign relations must be carried out exclusively by peaceful means within the framework of international law. It is established that foreign relations as an object of international law can be defined as the activities of states, international organizations and other subjects of international law on a coherent, democratic basis in the field of official relations and relations, which is established and maintained by the system of foreign relations of such relations, in order to achieve common foreign policy goals by peaceful means provided for by international law, that is a manifestation of the realization by such subjects of their rights within the framework of international legal relations.
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