THE PROBLEM OF THE OFFICIAL INTERPRETATION OF THE INSTITUTE OF COMPULSION IN INTERNATIONAL AND NATIONAL LAW
Keywords:
coercion, sanction, international law, international order, civil justice, responsibility, retorsio, repressaliae, self-helpAbstract
In this article, the authors consider the essence and content of the institution of coercion in international and national law. Concepts and views of scientists on the very existence of this institution and measures for its implementation in international law are investigated, in connection with the fact that the institution of coercion is an independent institution of international public law.In Kazakhstan legislation, the institution of coercion is considered as an impact on the property rights of individuals and legal entities (in civil law), as well as sanctions measures imposed on participants in the process and other persons for unlawful actions during the proceedings (in civil law).That is, there is no clear and detailed definition of the concept of coercion either in the Civil Code or in the Civil Procedure Code of the Republic of Kazakhstan. In order to exclude different interpretations, the use of this concept in different variations (coercive measures, coercive measures, coercion), it is necessary to introduce into the above normative acts the definition of the coercion institution.
The mechanism for implementing the norms of international law has a characteristic feature - there is no single coercive apparatus that could, on the basis of legal grounds, force the states to comply and follow the norms of international treaties.Therefore, the coercion mechanism is implemented either on an individual basis, by sovereign states themselves through countermeasures, or collectively by international organizations using a set of measures based on international legal sanctions.
In this regard, the work considers the concept of “self-help” as the right of states to protect their rights and interests by the most effective and rational measures for them.But in this regard, the practical realization of this right was the commission of violent acts by the injured party, which fell under the notion of extreme necessity, in relation to the subject of international law who violated its interests.Therefore, the question of the legality and practical implementation of the use of retorts inside the state, in the international community is being considered.