Territory in international law: concept and types

International law gives the notion of "territory"value of the entire surface of the planet Earth. It covers the land and water part, the bowels of the globe, the airspace and the cosmic, and with them the celestial bodies recognized (or discovered in the future) in the solar system.

The concept and types of territories in international law

"Territory", as a concept of law, is tied to"State", too, as a legal concept. For without territory there is no state. Actually, the territory enclosed in certain borders, with the population residing on it, is the basis of statehood.

Relying on the right-appointed regimes, it is necessary to isolate the types of territories. In international law, there are three:

- the territory assigned to a certain state;

- a territory with a mixed legal order;

- territory with the order of international importance.

State territory

This is part of the Earth's surface that isunder the control of a single state. Its territorial possessions are located within the borders recognized by the world community. The state territory in international law implies not only land, but also the surrounding water reserves, airspace and over it cosmic (up to 110 km) and terrestrial subsoil (there are no documentary limitations, in fact - at an accessible depth).

Territory of the state, international law isregulates, can be disconnected by rivers, canals, the sea (the state on island territories), or the territory of a neighboring country (enclaves). All sections of the state territory, regardless of the geographic location, are a whole indivisible state and are under its authority and sovereignty.

To the water area of ​​the state are related, inin accordance with the United Nations Convention on the Law of the Sea (1982), sea waters on the territory, as well as internal rivers, lakes, canals, bays, whose coast is within the legal boundaries of one state (the width of the bay from shore to shore can not be more than 24 nautical miles), harbors and harbors, and the waters of historic bays.

The airspace stateinternational law is over the entire territory of the country airspace: over its part of the land, the internal water area and the sea belt. The airspace, like any other, covers the sovereignty, regulations and legal system of the state, for example, it will concern the rules of flights of air liners.

Sovereign equality

In international normative acts,provision on the sovereign equality of states. It gives a guarantee to any of the countries within their borders to realize the territorial supremacy. This suggests that the power of a particular state in the territory assigned to it is always higher than the power of legal entities or physical persons residing on the territory of that power. The power of any other country is also excluded here, and the legislative, judicial, executive, administrative, etc., has the right to extend not only to the residents of the country, but also to individuals of foreign countries, as well as legal (unless otherwise stipulated by other international treaties).

State territory in international law is the property of a national scale and the home of the inhabitants of the country in whose boundaries the highest power of the state is exercised.

Quasi-Territory

To this state type of territorialThe conditional division also includes quasi-territories. These are land holdings on which diplomatic missions and consular offices of foreign states are located. And also to quasitritories include sea, river, aircraft and spacecraft. They do not fit the concept of "territory" in international law, since the main signs of this concept do not appear. And only by the fact that the jurisdiction of the established state prevails in these territories, the identification of these quasi-territories with the corresponding state is explained.

Territories with mixed legal order

This is the surface of the World Ocean. It includes a seafloor flooded continental land with adjacent areas, as well as an area that is outside the territorial sea. The distinctive feature of these territories is that they do not belong to any state. But countries in close proximity have the right to conduct exploration after the signing of the relevant documents, the development of these territories in order to preserve and multiply mineral and natural resources, as well as the animal world.

International rivers and straits, canals and islands (on which international treaty relations are valid) also belong to territories with a mixed regime.

Territory with the order of international importance

This is part of land, airspace orwater area that is not part of any state. All countries of the world have an equal right to use this territory. The territory (in international law) with the order of international importance is the space with planets, satellites, comets, etc., Antarctica, the terrestrial depths emerging on the boundary of the underland part of the continental zone, the seabed with the surface above it and the airspace within the boundaries of the water . And also it can be artificially created islands, installations and constructions that can build on the continental shelf and in the zone that falls under a special right regime, any state, in accordance with international law of the sea. In these territories, no one's national legal force acts. Only international law operates on them.

A number of territories that are subordinate to internationallegal acts, the concept of a universal human heritage is developed. A bright example is the Moon and several astronomical bodies (1979). Countries, guided by the norms and principles of international law, publicly explore outer space and astronomical objects. In 1982, the United Nations declared the international sea bed and its biological resources a territory subordinate to international order, without any privileges for each of the countries that signed the Convention.

International Law of the Russian Federation

The sovereignty of the Russian Federation, according to article4 of the Basic Law of the country, extends to all of its territory. And laws of federal importance, together with the Constitution, are supreme throughout the territory of Russia.

The Russian Federation considers it necessary to take care of the inviolability and indivisibility of its possessions.

Part one of Article 67 of the Constitution of Russiasecures for the territory of the Russian Federation the regional territories of all its subjects, the territorial sea, inland water bodies and airspace over the whole territory of the country.

The land portion of the Russian Federation includes, among others,recognized lands located north of the coast of Russia in the Arctic Ocean, or, possibly, open in the future. They are recognized as international law if they are within the meridians that connect the North Pole and the extreme points of the coastal zone of the Russian Federation.