Economic sanctions

 At last, the interdiction of the armed intervention was categorically ïîäòâåðæä ё í GENERAL Assembly a UN on å ё XX sessions in the declaration on inadmissibility of interference in internal businesses of the states, about a protection of their independence 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 of this declaration the Assembly again has found by the responsibility urgently to offer to all states to abstain from âîîðóæ ё ííîãî of interference, no less than from the various forms of indirect interference.

 Âîîðóæ ё ííûå the agressive shares. Alongside with agressive war and âîîðóæ ё ííîé by intervention, these most dangerous kinds âîîðóæ ё ííîé of aggression, it is necessary to stay and on other å ё kinds, sometimes is rather close them contiguous. It, first of all âîîðóæ ё ííûå the agressive shares, that is âîîðóæ ё ííûå of an attack which are not having attributes inherent agressive war or âîîðóæ ё ííîé of intervention, inherent in agressive war âîîðóæ ё ííûõ of forces of one state on territory of other state, attack âîîðóæ ё ííûõ of forces of one state on separate items of territory of other state or on marine and air court outside of his(its) territory. They can carry both individual, and systematic character.  Distinctive feature of this kind âîîðóæ ё ííîé of aggression in comparison with agressive war and âîîðóæ ё ííîé by intervention is that such attacks are usually undertaken not for grab of territory of the state or interference in his(its) internal businesses, and for other purposes. More often they are undertaken that ïóò ё ì âîîðóæ ё ííîãî of pressure to force the state to execute that or other his(its) requests àãðåññîðà.

 The most significant examples of agressive such sertificates(acts) are the systematic bombardments from air and artillery bombardment from the military ships âîîðóæ ё ííûìè by forces of USA against cities and íàñåë ё ííûõ of items of Democratic Republic Vietnam.

 By other not less significant example âîîðóæ ё ííûõ of the agressive shares of large scale was the intrusion âîîðóæ ё ííûõ of forces of USA on territory of neutral Cambodia in May, 1970.

 In a number of cases âîîðóæ ё ííûå the agressive shares are undertaken by some states under a pretext âîçìåçäèÿ for the valid or seeming offences, that is under a pretext репрессалий1. 

 Input âîîðóæ ё ííûõ of forces on territory of the foreign state and preservation them on it(her) for interference in his(its) internal businesses. One of kinds of illegal application âîîðóæ ё ííîé of force close contiguous to âîîðóæ ё ííîé of intervention, is the input âîîðóæ ё ííûõ of forces on territory of the foreign state contrary to his(its) will and for interference in his(its) internal businesses. As the practice of some states, in particular(personally) facts of landing American âîéñê in Lebanon and British âîéñê in Jordan in July, 1958 serving with a subject of consideration III extreme sessions of General Assembly a UN shows, such input âîéñê sometimes masks by the request of dependent government. However and in these cases it(he) is rough infringement of the international law, what the intervention «by agreement» or « at the request » èíòåðâåíèðóåìîãî of the state is, mentioned above, âîîðóæ ё ííàÿ.

 To âîîðóæ ё ííîé of intervention the contents âîîðóæ ё ííûõ of forces on territory of other states, contrary to will of this state rather closely adjoins. Quite often states keeping âîîðóæ ё ííûå the forces on territory of other states, ignore requests of governments of these states, and sometimes and resolution of bodies a UN concerning a conclusion âîéñê. So, for example, Great Britain and France entering during the second world(global) war âîéñêà in Syria and Lebanon, continued to keep them and on termination(ending) war (down to April, 1946) contrary to a request of governments of Syria and Lebanon. Great Britain, France and Israel, ïðåäïðèíÿâøèå in a 1956 agressive war against Egypt, continued to keep âîéñêà on territory of Egypt and upon termination of military actions (Great Britain and France till December 22, 1956, Israel - till March 7, 1957.), despite of a number of the resolutions about an immediate conclusion âîéñê, I of Extreme special session of General Assembly a UN and XI General Assemblies a UN.

 The experience shows, that presence âîîðóæ ё ííûõ of forces on territory of other states contrary to will last, as we saw, in a number of cases was direct continuation of agressive war (stay Israeli âîéñê in ÎÀÐ, Syria and Jordan) or âîîðóæ ё ííîé of intervention (stay belgium âîéñê in Êîíãî, American âîéñê in Äîìèíèêàíñêîé to Republic), is directed against territorial integrity and political independence of these states. Therefore it, undoubtedly, is illegal application of force infringing by item 4 ст.2 of the Charter a UN.

 Marine blockade in peace time. A kind of illegal application âîîðóæ ё ííîé of force is so-called « the peace blockade », that is blockade by naval forces one or several states in peace time. Å ё as difference from blockade made during war, it is accepted to consider(count) that she(it) is accompanied not by confiscation, and only by temporary detention on period of blockade of courts of the third states trying å ё to tear. As the history of the international attitudes(relations) testifies, « the peace blockade » is usually applied large äåðæàâàìè as the instrument âîîðóæ ё ííîãî of pressure 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 of aggression - in such quality she(it) and appears in the London conventions of a 1933 - and certainly is forbidden under the Charter a UN both by virtue of item 4 ст.2, and by virtue of ст.39.

 In period after the second world(global) war the largest case of application « of peace blockade » was so-called «quarantine» announced by government of USA concerning Cuba in October, 1962.

 Support âîîðóæ ё ííûõ of groups and groups on ё ìíèêîâ for intrusion on territory of other state. At last, among kinds of illegal application âîîðóæ ё ííîé of force the support âîîðóæ ё ííûõ of gangs and groups on ё ìíèêîâ for intrusion on territory of other state should be mentioned with the purpose of interference in his(its) internal businesses, in particular(personally) with the purpose of suppression occurring in í ё ì íàöèîíàëüíî-îñâîáîäèòåëüíîãî of movement(traffic). Åù ё in the agreements about íåíàïàäåíèè, çàêëþ÷ ё ííûõ the Soviet Union with other states in 20-th and 30-th years, provided the obligations of each party to not admit and to interfere with organization and activity on the territory âîîðóæ ё ííûõ of groups putting by the purpose struggle on territory of other party against å ё of government, for an overthrow state building, against integrity å ё of territory or appropriating(giving) to themselves a role of government by all or part å ё of territory. In the London conventions on definition(determination) of aggression of a 1933 of the party consider as one of kinds âîîðóæ ё ííîé of aggression support by the state, « rendered âîîðóæ ё ííûì to gangs, which being are formed(educated) on his(its) territory, have intruded on territory of other state, or failure(refusal), despite of requests of the state which 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 the world and safety of mankind accepted the Commission of the international law a UN on å ё of 6-th session in a 1954, as one of such crimes specified « organization by authorities of any state or encouragement by them of organization âîîðóæ ё ííûõ øàåê within the limits of his(its) territory for intrusion territory of other state, or assumption of use by such âîîðóæ ё ííûìè øàéêàìè of his(its) territory as operative base or basic point for intrusion on territory of other state, no less than direct sharing(participation) in such intrusion or support those » 1.

Глава-II. Economic sanctions as a measure of the responsibility for offences

1.1. EXPORT EMBARGO.

 The legal problems of the sanctions, as we saw above, have involved(attracted) from the very beginning of formation(training) a UN most serious attention of its(her) bodies both various international conferences and commissions. The commission of blockade recommended to prepare, and from time to time to revise the list of the goods of military significance, defining(determining) thus ýâåíòóàëüíóþ area of application of economic sanctions.

 The economic sanctions can accept the double form: the form of prohibition of export in country - àãðåññîðà of the raw goods have mainly military significance, and form of prohibition of import from this country. The most effective form of economic sanctions is the complete blockade of this country both on import, and on экспорту1. Before that how to disassemble a question on efficiency of application of the sanctions, it is necessary even in brief features to stay on a general(common) problem of significance of economic sanctions.

 We shall begin our analysis from a question on embargo on the raw goods have military significance. First of all it is necessary to tell, that concept " military significance " for the raw goods rather rather. If to take only such raw material, which goes directly on manufacturing of a means of war, and in this case, considering extreme development of military industry, the list will be rather wide. It is necessary to consider(count) as such raw material not only products serving directly for manufacturing áîìá, ãðàíàò, bullets, guns and ò.ä:, such goods here concern also which are necessary for production of military planes, military courts for carriage âîéñê, let alone raw material for production of chemical means of war; at last it is necessary to consider(count) as military raw material products necessary for production of regimentals for army. All this shows, that the list of raw material have military significance, is in modern conditions rather wide. The British royal institute on international businesses in interesting work under heading of "Sanction" schedules the following list of the most important goods have military significance:

 - coal and the coke - for production of steel, for power facilities(economy) and transport, 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 military significance;

 - rubber - for various productions, mainly for electrical mechanical engineering and transport;

 -глицерин - for production áåçäûìíûõ of gunpowders;

 - iron ore and pig-iron - for production of arms, military equipment, railway equipment and any sort of construction;

 - lead - for production of arms, and also for production of acids necessary for explosive substances;

 -медь, coal, tin, êàäìèé - for production of the weapon, military equipment and electroindustry;

 -никель - for a different sort of arms;

 - aluminium (áîêñèòû) - for construction of planes;

 - the tin - is widely used for production of explosive substances;

 - platinum - for chemical preparations, in particular(personally) for want of production íèòðàòîâ;

 -антимоний, ôîñôàòû, ìàãíèçèò, ìàðãàíöîâûå of ore, ìîëèáäåí, âîëüôðàì, õðîì - for metallurgy;

 -асбест - for mechanical engineering, for production of the weapon;

 - graphite - for production and ïëàâêè of metals;

 -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.

 It is impossible to recognize the list this comprehensive. From the indicated transfer ÿâñòâóåò, that ýâåíòóàëüíîå the embargo on exportation of raw products imposed by way of economic sanctions, inevitably mentions not only specially military production, but also production of countries working for civilians. It is very difficult to conduct a side between military and civil production. It is well-known, that during the second world(global) war a lot especially of peace productions fast was adapted to production of means of destruction. It is enough to result even simple example of canning factories fast adapted to production of shells. It is well-known, that the tractor factories can be used for production of tanks. The military significance of factories of artificial silk (i.e. product widely used for the so peace purposes, as for example ladies' linen) also widely is known. Attempt to conduct a side between military and civil production and to limit embargo only to raw material necessary for needs(requirements) of war, it is necessary to consider(count) completely hopeless. From here follows, that the economic sanctions on a line of raw embargo can be effective only in the event that the importation of raw material in country - àãðåññîðà completely or very considerably is reduced.

 The important significance has and borrowing(occupying) UN a question on change òîâàðîïîòîêîâ. Uneasy to itself to present, ÷òüå) also widely it is known. Attempt to conduct a side between military and civil production and to limit embargo only to raw material necessary for needs(requirements) of war, it is necessary to consider(count) completely hopeless. From here follows, that the economic sanctions on a line of raw embargo can be effective only in the event that the importation of raw material in country - àãðåññîðà completely or very considerably is reduced.

 The important significance has and borrowing(occupying) UN a question on change òîâàðîïîòîêîâ. Uneasy to itself to present, ÷òèÿ, and first of all Scandinavian countries considerably have expanded the import from "allied" countries on all not õâàòàâøèì of Germany to the raw goods, and then with large profit for themselves ïåðåïðîäàâàëè these goods of Germany. The rough growth of import of Scandinavian countries per military years was directly caused by importation for resale in Germany. Not casually Scandinavian countries have published the foreign trade statistics only after termination(ending) war. In practice now àãðåññîð, on which are applied sanctions, for example Italy, receives the scarce goods via such countries, as Germany, which is inclined to support àãðåññîðà. For struggle with this phenomenon there is only one method. This method was discussed by committee of coordination on the initiative of a French delegation maintained by a delegation USSR, but it(he) was not accepted owing to resistance rendered to it(him) by a English delegation, which did not want to limit English export and Germany. The method, offered by the French, was reduced to restriction of export of goods, on which is imposed by embargo, in countries 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 will quite effective in the event that they will to be applied to country requiring for importation of the foreign raw goods, all countries of the world or even by members a UN, for want of assistance of USA and if they will be accompanied by restriction of export of goods, on which is imposed by embargo, in countries which are not using of the sanctions.

 For want of analysis of significance of economic sanctions and their influence on a national economy of country - àãðåññîðà, and consequently and on its(her) ability to the further development of aggression it is impossible to lose from a kind and general(common) significance of the external market for the states.

 It is well-known, that the significance of modern protectionism is, that it(he) facilitates to national monopolies preservation of a more increased price level on a home market and extraction by them thus of superprofits. The advance prices on a home market can be supported only under condition of restriction of sales inside country. The exclusive excess profit is a source of cover of the losses from dumping on the external market. The monopoly prices in turn become the factor of the further narrowing of a home market, reducing demand and lowering a buying power of the broad masses, and without that taking place in conditions growing îáíèùàíèÿ. Colliding with growing narrowing of the market inside country, the monopolies are compelled to throw out the increasing quantity(amount) of products on the external market, where these monopolies collide with fierce resistance of the competitors asserting the items. It is no wonder, that for want of growing process of narrowing of a home market the external market for these countries acquires the increasing significance.

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